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Home My WebLink AboutS Easement Ellen Jean Holcomb Prepared by: John L. Roberts, P.O. Box 8181 Hillsborough,NC 27278 9874-06-8411 Return after recording to John L. Roberts NORTH CAROLINA, ORANGE COUNTY. THIS DEED OF EASEMENT made and entered into this the �ay of 20/7-, by and between ELLEN JEAN HOLCOMB, of Orange County, North Carolina, Party of the First Part, and ORANGE COUNTY, a body politic and corporate of Orange County, North Carolina, Party of the Second Part; WITNESSETH That for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the Party of the Second Part (hereinafter the "County")County to the Party of the First Part, the receipt of which is hereby acknowledged, the parties do hereby covenant and agree as follows: 1. Grant of Easement The Party of the First Part has granted, released, assigned, set over, sold and conveyed, and by these presents does hereby grant, release, assign, set over, sell and convey unto the County, its successors and assigns, (1) a Perpetual Easement for the location, construction, operation, maintenance, alteration; repair and patrol of a stormwater drainage system including but not limited to pipes, inlets, downspouts, and related landscaping; and, (2) a Temporary Construction Easement for the purpose of constructing, installing and placing a stormwater drainage system including but not limited to pipes, inlets, downspouts, and related landscaping; both together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the land owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines and right-of-way in, on, over and across a parcel of land lying and being in Hillsborough Township, Orange County North Carolina, and having PIN 9874-06-8411 and described in Deed Book 622 at Page 140, Orange County Registry (hereinafter the "Property"), and said Perpetual Easement containing 70.00 square feet, more or less, and said Temporary Construction Easement containing 3,209.00 square feet, more or less, and being more particularly described as follows: ept---� �6o_mxne;t5 7-0 P_M d'q---,itti,4 A/ Pe /Easement — A (1) h on a plat entitled "Storm )7 om Drainage Easements fo the Properties of s s oe b and K. Scott Dwyer," E le I El t 1� olc illip dated November 14, 2011, surveyed and platted ed by Ph W. Riley, recorded in Plat Book 109 at Page 99, Orange County Registry. Jea AJ (2) Temporary Construction Easement—As shqft on a plat entitled "Storm Drainage Easements for the Properties of Elle4Aolcomb and K. Scott Dwyer," dated November 14, 2011, surveyed and platted by Phillip W. Riley, recorded in Plat Book 109 at Page 99, Orange County Registry. TO HAVE AND TO HOLD, said easements unto the County, its successors and assigns in perpetuity, subject to the terms and provisions hereinabove set forth save and except the temporary construction easement will terminate upon completion of the construction of the stormwater drainage system including but not limited to pipes, inlets, downspouts, and related landscaping. Said perpetual easement to be freely and fully transferable by the Party of the Second Part to its heirs, successors, assigns, agents and/or contractors without prior notice, written or otherwise, to the Party of the First Part. 2. Covenants The Parties of the First Part, for themselves, their heirs, successors and assigns, hereby warrant and covenant that they are the sole owners of the property hereinbefore described as the perpetual and temporary construction easements; that they have the right to grant the perpetual and temporary construction easements; that the said premises are free from encumbrances; and that they will forever warrant defend the title to the same against the lawful claims of all persons whomsoever. 3. Notification County shall notify Party of the First Part of the days and hours when the County requires access to the Property from the North-East side drive, at least two (2) business days prior to commencement of construction. 4. Restoration During and upon conclusion of the construction of the storm drainage system, the County shall endeavor to disturb as little as possible the Property. The County will restore any areas directly disturbed by the construction of the County to a reasonable facsimile of its pre- construction condition, subject to the following: (a) County shall reasonably repair any damage to the structure located on the Property caused directly by the use of heavy equipment by the County during construction. (b) County shall reasonably repair and restore any paving or landscaping damaged during construction. (c) County shall haul all debris including building materials and shrubbery, accumulated during the construction process. (d) County shall remove two dead trees located at the rear of the structure and within the boundaries of the parking area, subject to the policies and rules adopted by the Town of Hillsborough and the Hillsborough Tree Board for tree removal. (e) Upon completion of construction, the County shall repair, repaint and reasonably restore the white picket fence located on property owned by the County and identified by PIN 9874-06-8476. (f) Upon completion of construction, the County shall reasonably restore the flowers and shrubs located along the abovementioned fence and damaged during construction of the stormwater drain, by matching existing plants with common and indigenous perennial plant materials,to be approved by the Party of the First Part. (g) Party of the First Part acknowledges that in no instance and under no circumstance shall the County be liable for any unforeseeable damage to the Property or any plats, shrubs,trees, gardens, fences, structures, or improvements,thereon. 5. Maintenance The County, its successors in interest or assigns shall be responsible for all maintenance of the easement areas and shall maintain the areas in a good condition. The County shall be responsible for the maintaining the picket fence located on the property line between the properties owned by the parties hereto. Provided however, the County reserves the right to remove or replace the picket fence in its sole discretion. Except as provided herein, the County shall have no further responsibility for restoration, repairs or maintenance of plats, shrubs, trees, gardens, fences, structures, or improvements, located on the Property. 6. Binding Effect on Successor Interest The terms, conditions and provisions of this Easement shall extend to,be binding upon and inure to the benefit of the heirs,personal representatives, successors in interest and assigns of the parties. There is reserved to the parties, successors in interest and assigns,the right and privilege to use their respective properties at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the grantee and its successors in interest and assigns, of the rights and privileges herein granted. The easements granted herein are granted subject to all easements, restrictions, reservations, agreements and other matters of record. [The remainder of the this page has been left blank intentionally] IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals, the day and year first above written. ELLEN JEAN HOLCOMB ORANGE CO TY By: (40 Frank Tifton, Co Manager ATTEST: a Clerk to the Board and of Commissioners 5� 17 � STATE OF NORTH CAROLINA ORANGE COUNTY °rte _4( _, a Notary Public of County, North Carolma, ce irf fythat DONNA S. BAKER personally came before me&s 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 County Manager and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal this the X1 day of (r Mani N tary Public NOTARY My commission expires: 60 31 Z!>1 PUBLIC �U STATE OF NORTH CAROLINA, ORANGE COUNTY. I, Wvi yiS a Notary Public for SAY VtGt Vh County, North Carolina, o hereby certify that ELLEN JEAN HOLCOMB, personally appeared before me this day and executed the foregoing instrument. WITNESS my hand and official stamp or seal,this -1�-day of , 20 12 Pub My commission expires: GS JENNIFER L COLUN8 Notary Public Durham County North Carolina My Commission Expires Nov 28.2016