HomeMy WebLinkAbout2000 S Public Works - Approval of Easement across County Leased Property for Pathways Elementary Sewer Connection LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E.TRYON STREET
P.O.DRAWER 1529
HILLSBOROUGH,NORTH CAROLINA 27278
919-732-2196 FROM THE DESK OF
FAX 919-732-7997 GEOFFREY E.GLEDHILL
WEBSITE W W W.CGANDH.COM
June 30, 2000
Ms . Terry Thomas Campbell
Solid Waste Manager
Orange County Public Works Department
Post Office Box 8181
Hillsborough, North Carolina 27278
Dear Terry:
Enclosed is a copy of the Sewer Line Agreement related to
the Highway 57 solid waste site which was recorded on June 14 ,
2000 .
Very truly yours,
COLEMAN, GLEDHILL & HARGRAVE, P.C.
ZG ooffrey l Gle ill
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Enclosure
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Book Page
2089 0537 j
i
Prepared by: D. MICHAEL PARKER
Return to: D. MICHAEL PARKER
P.O. BOX 100
HILLSBOROUGH, NC 27278
NORTH CAROLINA d SEWER LINE AGREEMENT
ORANGE COUNTY
THIS SEWER LINE AGREEMENT, made and entered into this
the }2�1 k day of Ma r.k 1 2000, ,by and between ORANGE
COUNTY, a body politic organized and existing pursuant to the laws
of the state of North Carolina, Party of the First Part,
(hereinafter referred to as "COUNTY") and the ORANGE COUNTY BOARD
OF EDUCATION, a body politic organized and existing pursuant to
the laws of the state of North Carolina, Party of the Second Part
(hereinafter referred to as "BOARD") ;
W I T N E S S E T H
THAT, WHEREAS, the Board is constructing a sewer line
to provide sanitary sewer services to a school site located off N
C Highway 57 in Hillsborough Township, Orange County, North
Carolina that, upon connection with the existing sewer system for
the Town of Hillsborough, will become a payt of that system owned
by the Town of Hillsborough;
AND, WHEREAS, in order to construct said sewer line,
the Board will need to cross property owned by Annie D. Freeland
which includes certain property leased by Annie D. Freeland to the
County pursuant to a lease which was recorded in Deed Book 561 at
page 522 of the Orange County Registry, the last renewal of which
was recorded in Deed Book 1527, page 462 of the Orange County
Registry;
AND, WHEREAS, in order to construct said sewer line the
Board, its agents, employees and independent contractors will need
to go upon the premises leased by the County from Annie D.
Freeland;
AND, WHEREAS, the County has consented to the
encroachment upon its leased premises by the Board and by the Town
of Hillsborough as owner of the permanent easement for the said
sewer and for the purposes herein stated;.
NOW, THEREFORE, the Board and County do hereby agree as
follows:
1. That the Board, its agents, employees and
independent contractors employed by it may go upon the premises
leased by the County from Annie D. Freeland, which premises are
described by lease which is recorded in Book 561 at Page 522 of
the Orange County Registry, the last renewal of which was recorded
in Deed Book 1527, page 462 of the Orange County Registry, and is
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Book 0538
2489
also shown on Plat which is recorded in Plat Book 44 at Page 5 of
the Orange County Registry for the purposes of constructing and I
installing a sanitary sewer line substantially in accordance with ' I
the same as is shown on map 2 of 3 for the Orange.County Board of
Education prepared by Callemyn Parker, Inc. Engineering and Land I
Surveying which is dated August, 1999 and is recorded in Plat Book
$ Page LL'�L of the Orange County Registry. j
2. That the County does consent to and agree that it
will permit the Town of Hillsborough, its successors and assigns,
to exercise the rights and privileges set forth in a permanent
easement to be granted by Annie D. Freeland over and upon the
property to construct, maintain, repair, modify, upgrade or -remove t
underground sewer lines as may be necessary from time to time by
the said sewer line by the Town of Hillsborough, its agents,
employees and independent contractors.
3. In constructin g said sewer line Board shall remove
all surplus earth, shall, make level the surface of the ground u
above said lines and apparatus, and shall interfere as little as y.
reasonably possible with any plants,f fences or other improvements
on the property provided that such plants, fences or other
improvements shall not interfere with the right of the Board or
the Town of Hillsborough of ingress and egress to the property
herein described for the purposes of maintenance or repairs of
said sewer line, for the construction or repair of lateralr and
connections and such plants, fences, and other improvements shall
not interfere with the installation, operation and maintenance of
said sewer line. Any 'such plants, fences or other improvements
disturbed by the Board in the construction, maintenance or repair
of said sewer line shall be replaced or repaired ley the Board.
4. The parties agree that the Town lof Hillsborough is
a third party beneficiary of this agreement. ".
5. This agreement shall inure to the benefit of and
shall be binding upon the heirs-; - successors and assigns of the
parties hereto.
IN TESTIMONY WHEREOF the County and the Board have both
caused this instrument to be signed in their corporate names by
the chairperson of their respective boards, signatures of their
chairs attested by their respective secretaries and each has
affixed its corporate seal hereto on the day and year first above
written.
� ORANGE COLTN'i^;...�N
By: �ROFORANGE
BOARD OF COMMISSIO r ,
ATTEST: /
C.(erk 4. ke $daroC (CORPORATE SEAL)
THE O GE CO BOARD OF EDUCATION r%='
book Paga �¢
2089 0539 By: /CGo (SEAtti,.Q U `'
IRPERS N .0
2 WR...ti�;
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ATTEST:
SECRETARY
(CORPORATE S
4
STATE OF N TH CAROLINA '
COUNTY. OF 10AQM61 //'' ,�,
I, rC5-L(..�.� Notary Public of the
County and State PLforesaid, certify that Randy Bridges personally
came before me this day and acknowledged that he Secretary of THE
ORANGE COUNTY BOARD OF EDUCATION, a North Carolina Corporation, and
that by authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by Susan Halkiotis, its
Chairperson, sealed with its corporate seal and attested by him as
its Secretary.
Witn s my hand and notarial s this the day of
NOTAR LIC
My commission expires: -21/��{
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Qm a o <
O { > N
STATE OF NORTH CAROLINA
COUNTY OF
I, ( K1MO)'1 Notary Public of the
aforesaid County and State, do hereby certify that BEVERLY A.
BL LHE personally appeared before me this day and acknowledged
that she is Clerk to THE ORANGE COUNTY BOARD OF COMMISSIONERS and
that by authority duly given and as the act of said County, the
foregoing instrument was signed in its name by MOSES CAREY, JR.,
its Chair, sealed with its corporate seal and attested by her as
Clerk to said Board of Commissioners.
Witness my hand and notarial seal, this the day
of tbgrdL_, 2000.
NOTARY PUBLIC
My commission expires: f -_ 05 $aNNM,•.4. IF-$"tlGA1••,av
FILED '
14 JUN 2000, at 11:01:49am !10 Rr cot trf e -
Book 2089, Page S37 - S39 A G • G
Joyce H. Pearson �Register of Deeds, .....rr`y
Orange County, N. C. - F CO VN �'GE COVr''
y,
NORTH CAROLINA - ORANGE COUNTY 0
The foregoing certificates)ofd _(f
A Notary(o N Public of the d . nated Governmental units -a--e-certified to be correct. Filed for registration
this the ��- day of at �D/•�� o'Gock, A//!'1
In Record Book o�0J9 P ge Jo .Pearson, star of
Return: BY
*SEEK/Deputy
Register of Deeds