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Home My WebLink AboutNS Dedication and Deed of Easement to OWASA - Water Lines for Project Homestart f (Corporate Water Easement Without Mortgage) NORTH CAROLINA ORANGE COUNTY DEED OF EASEMENT THIS DEED OF EASEMENT, made and entered into this the day of Is 1998, by and between County of Orange, hereinafter referred to as"COUNTY"and ORANGE WATER AND SEWER AUTHORITY, a public body and body politic and corporate created and existing under Article 1, Chapter 162A of the General Statues,with its principal office at 406 Jones Ferry Road, Carrboro, North Carolina, hereinafter referred to as OWASA; WITNESSETH: THAT WHEREAS, OWASA has constructed and proposes to construct a water distribution system for the use of its citizens and for that purpose has constructed and proposes to construct lines of pipe and mains necessary for the proper transmission and distribution of waters. NOW,THEREFORE, in consideration of the sum of One and No/100($1,00) Dollar and other good and valuable considerations paid to the COUNTY,the receipt of all of which is hereby fully acknowledged, the said COUNTY dies hereby give,grant, quit-claim, and convey unto OWASA, its successors and assigns, the right, privilege, and perpetual easement to go in and upon a strip of land thirty feet(30')in width being more particularly described on the plat as record with the Orange County Register of Deeds, Plat Book 78, page 51. And, OWASA,Grantee, shall have the right to construct and maintain in, under, and/or above, along and through said strip of land thirty feet(30')in width such mains and fines of pipe as shall be necessary for the proper construction and operation of said water distribution system;OWASA shall also have the right of ingress and regress through,over,and across the land of the COUNTY to and from said strip at such times as OWASA deems it necessary for the purpose of constructing, maintaining and inspecting said lines and of making all necessary alternations and repairs thereto;the lines of pipe shall be located at such point or points,elevation or elevations below or above 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 water as aforesaid; and OWASA shall have the right, privilege and easement to tap the line or liens and construct water laterals from the main to the outside boundary of the right-of-way over which this easement and privilege extends; and OWASA shall have the privilege,easement, and right to clear and keep cleared the full width of the easement of and from brush, plants,trees, and any and all other materials, obstructions, structures, and encroachments of any kind; The COUNTY shall retain the right to cultivate the ground lying within the boundaries of the easement, provided that such cultivation shall not interfere with the right of OWASA herein named of ingress and egress to said easement for the purpose of maintenance and repair of said water main or mains or the construction and repair of water laterals and connections, and such cultivation shall not interfere with O's maintenance operation or installation of the lines,and provided further that in all cases where there are roads or streets across the tract of land sufficient for the purpose of convenient egress, ingress, and regress, in, to and from said strip of land, such roads or streets used by the said OWASA when it is necessary to come in and upon said strip of land for the purposes aforesaid. No building or structure of any kinds, except such as constructed by OWASA shall be located or erected upon the above described easement; any structure or building to be constructed by OWASA may only be built, constructed or located on the easement with the prior written consent of COUNTY; It is understood and agreed by the parties that the execution and delivery of this deed of easement by the COUNTY and its acceptance by OWASA shall not obligate OWASA to construct a water line or permit connections to its water system. And, it is further understood and agreed that failure of OWASA to construct improvements within the said strip of land and/or to clear or keep cleared said strip of land shall not impair in any way the rights, privileges and easements conveyed to OWASA hereunder. TO HAVE AND TO HOLD all singular the rights, privileges, and easements as aforesaid, in along, upon, and through said premises to the said OWASA, and its successors ad assigns forever. IN WITNESS WHEREOF, COUNTY, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Commissioners, all as of the day and year first above written. For Orange Water and Sewer Authority: Attest: BY: . Ed Kerwin Executive Director Secretary (Title) For County: Attest: _ Margaret W. Brown,Chair Orange County Board of Commissioners Beverly A. Blythe Clerk to the Board NORTH CAROLINA ORANGE COUNTY i, , a Notary Public of the County and State aforesaid, certify that Beverly A. Blythe personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County and that by authority duly given and as the act of said County, the foregoing instrument was signed in its a name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and notarial seal, this day of 1 998. My commission expires: Notary Public NORTH CAROLINA ORANGE COUNTY 19 , a Notary Public in and for the aforesaid County and State,do hereby certify that the due execution of this Deed on this day was had by the personal appearance before me of with whom 1 am personally acquainted,who being duly sworn, says that he/she is Secretary and that Ed Derwin is Executive Director of Orange Water and Sewer Authority,one of the corporations named within and which executed the foregoing Deed;the name of the corporation was subscribed thereto by the said Executive Director and that the said Executive Director and Secretary subscribed their names thereto and said common seal was affixed, all by order of its Board of Directors duly given; and said instrument is the act and deed of said corporation. My commission expires: Notary Public NORTH CAROLINA-ORANGE COUNTY The foregoing certificate of Notaries Public of the designated Governmental units are certified to be correct. Filed for registration in Record Book Page Betty June Hayes, Register of Deeds Return: By: Assistant/Deputy Register of Deeds f'�wK�...�Mr�r r`..�h.-rA-y.f��...rw-•w-r......_ r • 1 • • ~ �� J,X00 t fit ip W I � n LEAN 00 {�JJ� 3 v t 14L fj ' � I w z av~ [V� s i � Orange Water and Sewer Authority May 6, 1998 400 Jones Ferry Road Carrboro,NC 27510 RE; PROJECT HOM ESTART--HOMESTEAD ROAD Dear Sir The County of Orange the current owner of al the lots in the three(3)acre teased tract, according to Plat Book 78, at Page 51 Orange County Registry,does hereby dedicate and convey unto Orange Water and Sewer Authority, its successors and assigns,all of its right,title and interest in and to the water lines constructed in accordance with plans titled C-4(Utility Plan)prepared by R.L. Horvath Associates,Inc., and dated revision 4117198. IN WITNESS WHEREOF,this letter is executed by the duly authorized officers of the County of Orange and its corporate seal to be hereunto affixed, all on the day and year first above written. COUNTY OF ORANGE Attest: BY: Beverly A. Blythe Margaret W.Brown,Chair Clerk to the Board NORTH CAROLINA ORANGE COUNTY I, ,a Notary Public, hereby certify that Beverly A. Blythe personally appeared before me this day and acknowledged that she is the Clerk to the Board of Commissioners of Orange County,a body politic of the State of North Carolina,and that by authority duly given as the act of the County,the foregoing instrument was signed in its name by its Chair,sealed with its corporate seat, and attested as its Clerk. Notary Public My commission expires: