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HomeMy WebLinkAbout1997 S Purchasing - OWASA Easement for Water and Sewer lines at Southern Human Services Center 1 r ROOK I684 Pz[ 47 • Return to : Carol Crawf or * , 0n- nge,)County:: put chasing Dept . Corporate Sewer easement-without mortgage NORTH CAROLINk DEED OF EASEMENT ORANGE COUNTY THIS DEED OF EASEMENT, made and entered into this the 16th day of December, 1997 by and between the 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 Statutes,with its principal office at 406 Jones Ferry Road in Carrboro, North Carolina, hereinafter referred to as OWASA; WITNESSETH 19,?Pa - t1572-7 - zv. . 92 THAT WHEREAS,OWASA has constructed and proposed to construct a sewage system for the use of its citizens and for that purpose has constructed and proposed to construct lines of pipe and mains necessary for the proper transmission of sewage. NOW,THEREFORE, in consideration of the sum of One and No/100($1.00)Dollar and other good and valuable considerations paid to County,the receipt of all of which is hereby fully acknowledged, the County does hereby give,grant,quitclaim, 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 and owned'by the County, lying and being in Chapel Hill Township,Orange County, North Carolina,the said strip of land thirty feet(30')in width,being more particularly described on the plat recorded in the Orange County Register of Deeds office, Plat Book 78,page 88. And to construct and maintain in, under, and/or above, along and through said strip of land thirty feet (30') in width one or more lines of pipe and manholes for the purpose of transmitting sewage as aforesaid,together with the right to construct and maintain in, under, above, and along said right of way such mains and manholes as shall be necessary in connection with the proper construction and operation of said sewage line,with the right at all time of ingress and regress through, over, and across said tract of land to and from-said strip for the purpose of constructing,maintaining,and inspecting said lines and of making all necessary alterations and repairs thereto;the lines of pipe to be located at such point below or above the surface of the earth as shall be necessary, and established at the proper grade fro running said lines and for conveying sewage as aforesaid, and said mains and manholes, if any,to 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;together with the right, privilege and easement to tap the line or lines and construct sewer laterals from the main to the outside boundary of the right-of-way over which this easement and privilege extends;together with the privilege, easement, and right to clear and keep cleared the full width of the right-of-way of and from brush,trees and any and all other obstructions, structuress and encroachments of any kind, except that the owners of the fee shall retain the right to cultivate the ground lying within the- boundaries of the right-of-way, provided that such cultivation shall not interfere with the right of the grantee herein named of ingress and egress to said right-of-way icr the purpose of maintenance and repair of said sewer rnair, or;..ains or ilia construction and repair of sewer laterals and connections; 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 shall be used by the said OWASA when it is necessary to come in and upon said strip of land for the purposes aforesaid. J BOOK 1684 PAGE 49 instrument is said common seal that the name of the co option was subscribed thereto by the said F-me-,4:;�Ar y,,�a�e Wesident and that the said 0)""'' and fir_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 cooperation. Witness my hand and notarial seal,this�day of 19Eg. Notary Public My commission expires: 'ieptenber 11, e:i: NORTH CAROLINA ORANGE COUNTY The Forooino certificate of _. __ and NORTH CAROLINA • ORANGE COUNTY The foregoing certificate(s)of A Notary(or Notaries)Public of the designated Governmental units is(are)certified to be correct. Filed for registration this the day of .19— at o'clock, In Record Hook Page u0e Ha lister of eeds Return: Pesignt/Depury Register of Deed ORANGE COUN I Y Filed for registration in my office on the_ o'clock_.M. and registered on the day of for said County on pages FILED 05 FEB 1998, at 11 :50:23am Book. 1684;. Page 47. — z1 f Betty June Hayes, Register of Deeds, Orange County, N. C. BOOK 1684 PAGE 48 No building or structure of any kind, 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; and it is understood and agreed that the execution of delivery of this deed of easement by the grantor and its acceptance by OWASA shall not obligate OWASA to construct a sewer line or permit connections to its sewer system. 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 and assigns forever. IN TESTIMONY WHEREOF,the County and OWASA,the corporations named within, have caused this Deed to be sealed with their respective common seals and signed in their respective names by the proper officials, all as of the day and year first above written. '0.„...... For kange Water and Sewer Authority N- ci O: Attest: =, i 3 By: Fo l�E�u��rL LAC '01 Sec r"f co u► — (Title) °"wwwwM FOR UNTY: ATTEST: ait� ar t W. own, Chair Orange Co Board of Commissioners Beverly AB50he Clerk to the Board NORTH CAROLINA ORANGE COUNTY- 1, e a Notary Public of the County and State aforesaid,certify that Beverly A. BI a 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 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 / 7 day of Dez4mL,1 997. Notary Public My commission expires: i.? 2 2 98 NORTH CAROLINA ORANGE COUNTY I, fcaaeati✓�sti�R�4a Notary Public in and for the aforesaid County and Sate, do hereby certify that the due execution of this Deed on this day wa.c had by the personal appearance before me of T.ai G';[Go.� , with whom I aip personally acquainted,who bed b me duly sworn, says that ke/she is sS' Secretary and that Fn�F u1 is wp Orange TAhter aryl. Seer Authority , one of the corporations named within and which executed the foregoing Deed; that he knows the common seal of said corporation; that the seal aff ixed to said