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HomeMy WebLinkAboutNS - Easement - Approval of Easements for Gravelly Hill Middle SchoolORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 14, 2006 Action Agenda Item No. 5 - h SUBJECT: Approval of Easements for Gravelly Hill Middle School DEPARTMENT: PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Declarations of Amended & Revised INFORMATION CONTACT: Easements (Joint Access and Geoffrey Gledhill - 732-2196 Parking) Craig Benedict - 245-2585 Utility Easements (Water and Sewer Lines) Sewer Lift Station Easement PURPOSE: To authorize the Chair of the Board of County Commissioners to sign easement documents for utility and access for Orange County Gravelly Hill Middle School and West Ten Soccer Center. BACKGROUND: In October 2004, the Board of County Commissioners and Orange County Board of Education created an interlocal agreement setting forth a variety of aspects related to the construction of Gravelly Hill Middle School and the West Ten Soccer Center. These included the `Exploration of Cost Saving Approaches', `Special Use Permit', `Smart Growth Considerations', and `Interlocal Agreement' related in part to cross-access and parking easements for joint use. Subsequent to that agreement, both parcels are now under County ownership. Public water and sewer utilities have now been installed and easements reflecting their location have been prepared. The utility easements (including the sewage lift station) are jointly declared between Orange County and the Orange County Board of Education for future conveyance to the City of Mebane who has accepted maintenance of the utilities. Since they are public, Orange County has access for extension. in the future to the West Ten Soccer Center. In addition, the joint access driveway bridging the two projects (school and park) has been adjusted to the east to accommodate better traffic sight visibility. Accordingly, a revised joint access easement is also provided herein. The access easement is declared between Orange County to the Orange County Board of Education (Orange County presently holds lands on behalf of the Orange County School District), so in any future event, joint use and access will be assured. FINANCIAL IMPACT: The Attorney for the Orange County Board of Education and the Orange County Attorney's Office have prepared the easements. RECOMMENDATION(S): The. Manager recommends the Board of County Commissioners authorize the Chair to sign the easements. a DECLARATION OF AMENDED AND REVISED EASII~NT Prepared by: D. Michael Parker Return to: Geoffrey E. Gledhill P.O. Box 1579 Hillsborough, NC 27278 NORTH CAROLINA ORANGE COUNTY THIS DECLARATION OF AMENDED AND REVISED EASEMENT, made and entered into this the 3a'~~- day of ©cte33 ~ _, 2006 by ORANGE COUNTY, NORTH CAROLINA, P.O. Box 8181, Hillsborough, NC 27278,a body politic, organized and existing pursuant to the laws of the state of North Carolina, Party of the First Part and the ORANGE COUNTY BOARD OF EDUCATION, NORTH CAROLINA, 200 East King Street, Hillsborough, NC 27278,a body politic, organized .and existing pursuant- to the laws of the state of North Carolina, Party of the Second Part, said party of the first part and party of the second part collectively referred to herein as "Declarants;" W I T N E S S E T H: WHEREAS, pursuant to a Deed of Easement recorded in Book 3630, page 456 of the Orange County Registry, the Orange County Board of Education did grant to Orange County certain easement rights for parking and access on the areas described therein and more specifically shown on the plat described in Plat Book 96, page 86 of the Orange County Registry, said easement rights being designed for the joint use of parking and access for a middle school contemplated on the property of the Orange County Board of Education and a soccer complex on the property owned by Orange County pursuant to a Joint Use Agreement between those two public bodies; 3 AND, WHEREAS, The Orange County Board of Education has now constructed the middle school as contemplated in the said Deed of Easement and has available the "as-built" plat for the said middle school; said "as-built" plat indicates changes made during construction in the parking and access areas from the plat recorded in Plat Book 96, page 86 of the Orange County Registry necessary to accommodate changes in the access road alignment to meet requirements of the North Carolina Department of Transportation and other changes during construction, said "as- built" plat being now recorded in Plat Book ~, page ~ of the Orange County Registry; AND, WHEREAS, the Orange County Board of Education has conveyed title to the tract of land on which the middle school is located to Orange County by the deed recorded in Deed Book 4014, page 24 of -the Orange County Registry; Orange County thus owns both tracts; the servient tract is identified on the Orange County Land Records as PIN #9$44-05-7573 and on the Orange County Tax Records as Map 3.44..1, and is more particularly shown as Tract A on the plat recorded in Plat Book 96, page 86 of the Orange County Registry, to which plat reference is hereby made for a more particular description of the same; the dominant tract is identified on the Orange County Land Records as PIN #9844-15-7438 and on the Orange County Tax Records as Map 3.44..3A, and is~ also shown as Tract B on the plat recorded in -Plat Book 96, page 86 of the Orange County Registry, to which plat reference is hereby made for a more particular description of the same; AND, WHEREAS, Orange County desires to revise the Easement Areas as shown on the Plat recorded in Plat Book 96, page 86 of the Orange County Registry to those shown on the plat recorded in Plat Book ~, page ~ of the Orange County Registry; AND, WHEREAS, since the Orange County Board of Education holds a long term lease on the servient tract that includes an option to purchase, this Declaration is necessary for the term of that lease and. for the subsequent reconveyance when the said option is exercised and thus the easements herein declared by Orange County and described herein shall not be merged into the fee title, notwithstanding the common ownership of the servient and dominant tracts however those areas shown on the plat recorded in Plat Book ~, page ~ of the Orange County Registry as abandoned shall be so merged and any easement rights therein extinguished; therefore the Orange County Board of Education has joined in the execution of this instrument for. the purpose of consenting to the easement modifications set forth herein; NOW, THEREFORE, the Declarants do hereby declare perpetual, non-exclusive appurtenant easements for the purposes hereinafter set forth over and across those certain areas on the servient tract., said easement areas being more particularly described as follows: EASEMENT AREA B: A Parking Easement over and across that area shown as "Existing Easement Area B" on the Plat recorded in Plat Book Page of the Orange County Registry, to which plat reference is hereby made for a more particular description of the said "Existing Easement Area B," said easement being for the purposes of parking while participating in activities on the soccer complex and related amenities to be operated on the parcel owned by Orange County. REVISED EASEMENT AREA "C": An Access and Parking Easement over and across that area shown as °Revised Easement Area C" and as "Easement Area 'C' .Revised Limits" on the Plat recorded in Plat. Book Page of the Orange County Registry, to which plat reference is hereby made for a more particular description of the said "Revised Easement Area C" and as "Easement Area 'C' Revised Limits", which easement shall be for the purposes of access to and for parking on the said "Revised Easement Area C" and "Easement Area 'C' Revised Limits" while participating in activities on the soccer complex and related amenities to be operated on the parcel owned by Orange County. ABANDONED PORTION OF EASEMENT AREA "C": Orange County does hereby merge those easement rights granted in the Deed of Easement recorded in Book 3630, Page 456 of the Orange County Registry in, but only in, the area shown as "Abandoned Portion of Easement Area C" on the Plat recorded in Plat Book Page of the Orange County. Registry, to which plat reference is hereby made for a more particular description of the said "Abandoned Portion of Easement Area C". EASEMENT AREA D: The area shown as "Easement Area D" on the Plat recorded in Plat Book Page of the Orange County Registry, is the same as that shown on the Plat recorded in Plat Book 96, page 86 of the Orange County Registry and is not affected by this Declaration of Amended and Revised Easement. PROVIDED, HOWEVER, the easements granted herein shall be and remain subject to a Joint Use Agreement governing the times and frequency of the use of joint facilities and the easements described herein by and between Orange County and the Orange County Board of Education as the said Joint Use Agreement may be amended from time to time. TO HAVE AND TO HOLD, said right and .easement to the successors and assigns of Orange County in the dominant tract in title forever, it being agreed the easement hereby granted is appurtenant to and runs with the said dominant tract lands owned by Orange County as herein above described. IN WITNESS WHEREOF, Orange County and the Orange County Board of Education have caused this instrument to be executed s signed in their corporate names the day and year first above written. ORANGE COUNTY, NORTH CAROLINA By: BARRY JACOBS, CHAIR ORANGE COU1Q''!'Y BOARD OF COUNTY COMMISSIONERS ATTEST: DONNA S. BAKER, CLERK TO THE BOARD OF COUNTY COMMISSIONERS STATE OF NORTH CAROLINA COUNTY OF I, 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 County Commissioners for Orange County, North Carolina, and that by authority duly given and as the act of the said County, the foregoing instrument was signed in its name by the _ chair of the said board of County Commissioners and attested by i her as its Clerk. Witness my hand and notarial seal, this the day of 2006. NOTARY PUBLIC (PRINT OR TYPH NANB OF NOTARY PVHLIC) My commission expires: ORANGE UNTY BOARD OF EDUCATION By : !~~" D NN S WHITLING, IR ORANGE COUNTY BOARD OF /~ EDUCATION TTEST: ~^ ~Y A SHIRL CARRAWAY SECRETARY TO THE ORANGE BOARD OF EDUCATI0I~T STATE OF NORTH CAROLINA COUNTY OF O r a r+ a ~- I, ~~i,~C"- Gt Q (~, Co~.~.~~tt~ Notary Public of the County and State aforesaid, certify that Shirley W. Carraway personally came before me this day and acknowledged that she is Secretary to the Orange County Board o£ Education, North Carolina, and that by authority duly given and as the act of the said County, .the foregoing instrument was signed in its name by the chair of the said Orange County Board of Education and attested by her as its Clerk. witness my hand and notarial seal, this the 30 ~ day of ~ ~~"`~~ 2006. `_'R,~:' NOTARY PUBLIC ~~ (PAIXT OR TYPH NAME OF NOTARY PUBLIC) •My-.~Qmrr~ss~ion expires: ~~5~b7 F:\Lisa\orange county\decl of amended and rev easement rev by geg.doc 7 DECLARATION OF AMENDED AND REVISED EASEMENT Prepared by: D. Michael Parker Return to: Geoffrey E. Gledhill P.O. Box 1579 Hillsborough, NC 27278 NORTH CAROLINA ORANGE COUNTY THIS DECLARATION OF AMENDED AND REVISED EASEMENT, made and entered into this the oik day of dateber 2006 by ORANGE COUNTY, NORTH CAROLINA, P.O. Box 8181, Hillsborough, NC 27278,a body politic, organized and existing pursuant to the laws of the state of North Carolina, Party of the First Part and the ORANGE COUNTY BOARD OF EDUCATION, 200 east King Street, Hillsborough, NC 27278, a body politic, organized and existing pursuant to the laws of the state of North Carolina, Party of the First Part, hereinafter collectively referred to as "Declarants"; W I T N E S S E T H: WHEREAS, pursuant to a Deed of Easement recorded in Book 3630, page 460 of the Orange County Registry, Orange County did grant to the Orange County Board of Education certain easement rights for access on the areas described therein and more specifically shown on the plat described in Plat Book 96, page 86 of the Orange County Registry, said easement rights being designed for the joint use of access for a middle. school contemplated on the property of the Orange County Board of Education and a soccer complex on-the property owned by Orange County pursuant to a Joint Use Agreement between those two public bodies; AND, WHEREAS, The Orange County Board of Education has now constructed the middle school as contemplated in the~said Deed of Easement and has available the "as-built" plat for the said S middle school; said "as-built" plat indicates changes made during construction in the access areas from the plat recorded in Plat Book 96, page 86 of the Orange County Registry necessary to accommodate changes in the access road alignment to meet requirements of the North Carolina Department of Transportation and other changes during construction, said "as-built" plat being now recorded in Plat Book 100, page ~ of the Orange County Registry; AND, WHEREAS, the Orange County Board of Education has conveyed title to the tract of land on which the middle school is located to Orange County by the deed recorded in Deed Book 4014, page 24 of the Orange County Registry; Orange County thus owns both tracts; the servient tract is identified on the Orange County. Land Records as PIN #9844-15-7438 and on the Orange County Tax Records as Map 3.44..3A, and is more particularly shown as Tract B on the plat recorded in Plat Book 96, page 86 of the Orange County Registry, to which plat reference is hereby made for a more particular description of the same; the dominant tract is identified on the Orange County Land Records as PIN #9844-05-7573 and on the Orange County Tax Records as~ Map 3.44..1, and is also shown as Tract A on the plat .recorded in Plat Book 96, page 86 of the Orange County Registry, to which plat reference is hereby made for a more particular description of the same; AND, WHEREAS, Orange County desires to revise the Easement Areas as shown on the Plat recorded in Plat Book 96, page 86 of the Orange County Registry to those shown on the plat recorded in Plat Book Ol, page ~ of the Orange County Registry; AND, WHEREAS, since the Orange County Board of Education holds a long term lease on the dominant tract that includes an option to purchase, this Declaration is necessary for the term of that lease and for the subsequent reconveyance when the said option is exercised and thus the easements herein declared by Orange County and described herein shall not be merged into the fee title, notwithstanding the common ownership of the servient and dominant tracts, therefore the Orange County Board of Education has joined in the execution of this instrument for the purposes of consenting to the easement- modifications set forth herein;. NOW, THEREFORE, Declarants do hereby declare a perpetual, non-exclusive appurtenant easement for the purposes hereinafter set forth over and across those certain areas on the servient tract, said easement areas being more particularly described as follows: A perpetual, non-exclusive appurtenant easement for ingress, egress and regress over and across those areas shown as "Revised Easement Area A" and "Easement Area A Revised Limits" on the Plat recorded in Plat Book (yO Page ! C _ of the Orange County Registry, to which plat reference is hereby made for a more particular description of the same which easement shall be for the purposes of ingress, egress and regress to the public school and related amenities to be operated by the Orange County Board of Education on the parcel owned by Orange County. PROVIDED, HOWEVER, the easement granted herein shall be and remain subject to a Joint Use Agreement governing the times of the use of the easement described herein by and between Orange County and the Orange County Board of Education as the said Joint Use Agreement may be amended from time to time. TO HAVE AND TO HOLD, said right and easement to the successors and assigns of Orange County in the dominant tract in title forever, it being agreed the easement hereby granted is appurtenant to and runs with the said dominant tract lands owned by Orange County as herein above described. IN WITNESS WHEREOF, Orange County and the Orange County Board of Education have caused this instrument to be executed signed in their corporate name the day and year first above written. ORANGE COUNTY, NORTH CAROLINA By: BARRY JACOBS, CHAIR ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: DONNA S. BAKER, CLERK TO THE BOARD OF COUNTY COMMISSIONERS STATE OF NORTH CAROLINA COUNTY OF I, 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 County Commissioners for .Orange County, North Carolina, and that by authority duly given and as the act of the said County, the foregoing instrument was signed in its name by the chair of the said board of County Commissioners and attested by her as its Clerk. Witness my hand and notarial seal, this the day of 2006_ NOTARY PUBLIC (PRINT OR TYPE NAME OF NOTARY PSJBLIC? My commission expires: to ORANGE LINTY BOARD OF EDUCATION By: DE S WHITLTNG, CHAIR ORANGE COUNTY BOARD OF EDUCATION ATTEST: SHIR W. CARR.AWAY SECRETARY TO THE ORANGE BOARD OF EDUCATION STATE OF NORTH CAROLINA COUNTY OF pr q n Q ~ I, ~a-4'r- c~ct ~ • ~'~~ew~o~t` Notary Public of the County and State aforesaid, certify that Shirley W. Carraway personally came before me this day and acknowledged that she is Secretary to the Orange County Board of Education, North Carolina, and that by authority duly given and as the act of the said County, the foregoing instrument was signed in its name by the chair of the said Orange County Board of Education and attested by her as its Clerk. Witness my hand and notarial seal, this the 3b }h day of n'C-~~4.~ 2 0 0 6 . --~... ~: ~,:~.,,,, . NOTARY PUBLIC '~ '- (PRINT OR TYPE NAME OF NOTARY PUBLIC) .My. commission expires : ~ 1 SI a~7 F:\I,isa\orange county\decl of amended and rev easement #2 rev 5y geg.doc DECLARATION OF EASEMENT FOR WATER AND SEWER LINES Prepared by: D. Michael Parker Return to: Orange County, P.O. Box 8181, Hillsborough, NC 27278 NORTH CAROLINA ORANGE COUNTY THIS DECLARATION OF EASEMENT FOR WATER AND SEWER LINES, made this O t k day of 0 ~.+o h e r___ , 2006, by Orange County, North Carolina, P.O. Box 8181 Hillsborough, NC 27278, A body politic, organized and existing pursuant to the laws of the state of North Cazolina, party of the first part, the Orange County Boazd of Education, 200 East King Street, Hillsborough, NC 27278, A body politic organized and existing pursuant for the laws of the state of North Carolina, party of the second part, hereinafter referred'to collectively as the "Declarants." WITNESSETH: THAT, WHEREAS, the Orange County Board of Education has constructed a middle school on a certain tract or parcel of laud located in Cheeks Township, Orange County, North Carolina and being mare specifically shown as tract A an the plat recorded in Plat Book 96, Page 85 of the Orange County Registry; AND, WHEREAS, the Orange County Board of Education conveyed title to the tract of land on which the middle school is located to Orange County by the deed recorded in Deed Book i~ 4014 at Page 24, of the Orange County Registry, however the Orange County Board of Education has leased the subject property pursuant to a long term lease with an option to repurchase from Orange County; AND, WHEREAS, as part of the construction of the said middle school certain water and sewer improvements have been made to serve the said middle school as are indicated on the plat recorded in Plat Book ~c~ and Page ~ 50 , of the Orange County Registry; AND, Wl-IEREAS, Declarants wish to preserve in pezpetuity the said water and sewer easements; NOW, THEREFORE, in consideration of the sum of Ten and No/ 100 (510.00) Dollars, and other good and valuable consideration, paid to Declarants, the receipt and sufficiency of which is hereby fully acknowledged, Declarants do hereby give, grant, quitclaim, and convey unto Orange County, 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 as shown on the plat recorded in Plat Book ~ ,Page ~_, of the Orange County Registry; together 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. Orange County, its successors and assign, in the event of any construction, inspection or maintenance of said line, shall remove alI 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, provided that such plants, fences and other improvements shall not interfere with the right of Orange County, its successors and assign, of ingress and egress to the property for the purpose of maintenance and repair of said main or mains of the construction and repairs of laterals and connections, and such plants, fences, and other improvements shall not interfere with Orange County's maintenance operation or installation of the lines. Orange County shall also have the right of ingress and regress through, over, and across the property to and from said easements at such times as Orange County 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 ar points, elevation or elevations below the surface of the earth as shall be necessary for proper operation of the (3 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 may be necessary for the proper operation of said pipe line or lines; and Orange County shall have the right, privilege and easement to tap the line or lines and construct la#erals from the main to the outside boundary of the right-of-way over which the easement and privilege extends. The parties hereto acknowledge that it is contemplated that the responsibility and ownership of the said water and sewer improvements shall ultimately be assumed by the City of Mebane, North Carolina, and nothing set forth herein shall prevent or restrict in any way Orange County from conveying its rights, privileges and obligations herein set forth to the City of Mebane for the operation and maintenance of the said water and sewer lines in which event all of the obligations, rights and privileges herein prescribed for and by Orange County will be, by the conveyance to the City of Mebane, merged in the conveyance to the City of Mebane. IN WITNESS WHEREOF, Orange County and the Orange County Board of Education have caused this instrument to be executed signed in their corporate names the day and yeaz first above written. ORANGE COUNTY, NORTH CAROLINA. By: BARRY .TACOBS, CHAIR ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: DONNA S. BAKER, CLERK TO THE BOARD OF COUNTY COMMISSIONERS i~- STATE OF NORTH CAROLINA COUNTY OF I, ,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 Boazd of County Corrunissioneis for Orange County, North Carolina, and that by authority duly given and as the act of the said County, the foregoing instrument was signed in its name by the chair of the said boazd of County Commissioners and attested by her as its Clerk. Witness my hand and notarial seal, this the day of , 2006. NOTARY PUBLIC (PIt[NT OR TYPE NAME OF NOTARY PUBLIC) 1vly COmr111SSlOn expires: ORANG COUNTY BOARD OF EDUCATION By: ~ ~ DENNIS WHITLING, HAIlZ ORANGE COUNTY BOARD OF EDUCATION ATTEST: _ SHIRLE . CARRAWAY SECRETARY TO THE ORANGE BOARD OF EDUCATION ~5 STATE OF NORTH CAROLINA COUNTY OF C~ I, ~~ ~-x-; Ls' d~ ~1 • Co ~~ Ma ~ ,Notary Public of the County and State aforesaid, certify that Shirley W. Carraway personally came before me this day and acknowledged that she is Secretary to the Orange County Board of Education, NorCh Carolina, and that by authority duly given and as the act of the said County, the foregoing instrument was signed in its name by the chair of the said. Orange County Board of Education and attested by her as its Clerk. ~; ~ ~'4`~Vitri+ess }iy.liand and notarial seal, this the=~ day of ~ C'~ ~1~' , 2006. ~~ ~:=,~~,., ~ ¢ NOTARY PUBLIC ;~•. ~k~•..~ ~- G. ~o~~rr-G+o1 l./t. C'a 1~P,rngn ~~ .~ ~'~ ~~ pry (PRINT OR TYPE NAME OF NOTARY PUBLIC) l~/I~`CQn~FnTS~SlOn eXplreS: 2 5 07 F:1Lisalorange countyldec[ ofeasement rev by geg.doc i~ DECLARATION OF EASEMENT FOR SEWER LIFT STATION/SEWER PUMP STATION Prepared by: _ Geoffrey E. Gledhill, Attorney, Coleman, Gledhill, Hargrave & Peek, P.C., P.O. Drawer 1529, Hillsborough, NC 27278 Return to: Orange County, P.O. Box 8181, Hillsborough, NC 27278 NORTH CAROLINA ORANGE COUNTY THIS DECLARATION OF EASEMENT FOR SEWER LIFT STATION/SEWER PUMP STATION, made this ate day of pc to b e ~ 2006, by Orange County, North Carolina, P.O. Box 8181, Hillsborough, North Carolina 27278, a body politic, organized and existing pursuant to the laws of the state of North Carolina, party of the first part, the Orange County Board of Education, 200 East King Street, Hillsborough, NC 27278, A body politic organized and existing pursuant to the laws of the state of North Carolina, party of the second part, hereinafter referred to collectively as the "Declarants." WITNESSETH: THAT, WHEREAS, the Orange County Board of Education has constructed a middle school on a certain tract or parcel of land located in Cheeks Township, Orange County, North Carolina and being more specifically shown as Tract A in the plat recorded in Plat Book 96, Page 86 of the Orange County Registry {hereafter, "the Property"}; i~ AND, WHEREAS, the Orange County Board of Education conveyed title to the Property to Orange County by the deed recorded in Deed Book 4014 at Page 24, of the Orange County Registry; however, the Orange County Board of Education has leased the Property from Orange County pursuant to a long term lease with an option to repurchase the Property from Orange County, which lease and option to purchase are recorded in Deed Book 4014 at Page 45, of the Orange County Registry; AND, WHEREAS, as part of the construction of the said middle school, a sewer Iift station sewer pump station has been constructed on the Property and particularly on the lot and parcel identified as Orange County PIN 9844-04-5553 and Orange County tax parcel Map 3.44..1A, which parcel is shown and particularly described in the Coulter Jewell Thames plat titled "Recombination Plat Property of Orange County Board of Education" which plat is recorded at Plat Book 100, Page 86, Orange County Registry (hereafter, "the Sewer Pump Station Lot"}; AND, WHEREAS, Declarants wish to preserve in perpetuity a sewer lift station/sewer pump station easement to serve the middle school, to serve the adjacent Orange County owned property and to potentially serve other sewer customers; NOW, THEREFORE, in consideration of the sum of Ten and No/100 ($10.00} Dollars, and other good and valuable consideration, paid to Declarants, the receipt and sufficiency of which is hereby fully acknowledged, Declarants do hereby give, grant, quitclaim, and convey unto Orange County, its successors and assigns; the right and privilege and perpetual easement over, upon and through the Sewer Pump Station Lot to construct, install, maintain, repair, modify or remove a sewer lift station/sewer pump station and related sewer lines and facilities to serve the middle school as well as other sewer customers. Save and except for the use of the Sewer i~ Pump Station Lot for a sewer lift station/sewer pump station and related sewer lines and facilities, said property is not suitable for residential or other purposes and thus shall be limited to use for a sewer lift station sewer pump station and related sewer Imes and facilities. The parties hereto acknowledge that it is contemplated that the responsibility and ownership of the said Sewer Pump Station Lot, the sewer lift stationlsewer pump station and appurtenant facilities will ultimately be assumed by the City of Mebane, North Cazoiina, and nothing set forth herein shall prevent or restrict in any way Orange County from conveying its rights, privileges and obligations herein set forth to the City of Mebane by easement or deed, as determined by Orange County, in which event all of the obligations, rights and privileges herein prescribed for and by Orange County will be, by the conveyance to the City of Mebane, merged in the conveyance to the City of Mebane. 1N TESTIMONY WHEREOF, Orange County has caused this instrument to be signed in its corporate name by the chair of its Board of County Commissioners, his signature attested by the clerk to the Board of County Commissioners, and the Orange County Board of Education has caused this instrument to be signed in its corporate name by the chair of the Orange County Board of Education his signature attested by the secretary to the board the day and year first above written. Orange County Attest: Donna S. Baker, Clerk to Board of Commissioners By: Barry Jacobs, Chair of the Orange County Board of Commissioners i~ Orange County Board Of Education Attest: _ Shirle Carraway, Secretary to the $aazd of Education NORTH CAROLINA ORANGE COUNTY By: ~ ~ ennis Whitling, C it of the Orange County Boazd of Education I, ,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 County Commissioners for Orange County, North Carolina, and that by authority duly given and as the act of the said County, the foregoing instrument was signed in its-name by the Chair of the said Board of County Commissioners and attested by her as its Clerk. Notary Public Print or Type Name of Notary My commission expires: ao NORTH CAROLINA ORANGE COUNTY I, PG~r ~ c ; a M• Colex~n a n , a Notary Public for the said county and state, do hereby certify that Shirley W. Carraway did personally appear before me this day and acknowledged that she is the Secretary to the Orange County Board of Education, and that by authority duly given and as the act of the Board of Education, the foregoing instrument was signed in its name by Dennis Whitling, Chair, sealed with its official seal, and attested by herself as its Secretary. my hand and notarial seal this the 3 ~' day of p Goo bQr- , 2006. .. -.,~n My expires: a-\ s ~ fl 7 Notary Public ~'a-1-r:ctia M• Cal~rnan Print or Type Name of Notary F:V.isa\orange countyl~ECLARATfdN QF EASEMENT FOR SEWER LiFf' STATION.doc