Loading...
HomeMy WebLinkAbout1997 S Purchasing - OWASA Easement for SWater and Sewer lines at SHSC 2 (Corporate Water Easement Without Mortgage) BOOK 184 P�;(f 50 NORTH CAROLINA ORANGE COUNTY DEED OF EASEMENT THIS DEED OF EASEMENT, made and entered into this the /7 day of OeeLpAkAA/ 199a, 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 Statutes, with its principal office at 406 Jones Ferry Road in Carrboro, North Carolina, hereinafter referred to as OWASA; WITNESSETH: 8�0 -as -- FsZ-7 -Z zy_. S'z,,,� 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 does hereby give, grant, quit-claim, and convey unto the 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 described herein and owned by the COUNTY,lying and being in the Town of Chapel Hill.Chapel Hill Township,Orange County, North Carolina, the said strip of land thirty feet (30') in width being more particularly described on the plat as recorded with the Orange County Register of Deeds, Plat Book 78, page 88. 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 lines of pipe as shall be necessary.�or 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 alterations 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 lines 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 ' r aw. 1684 pm 51 water laterals and connections, and such cultivation shall not interfere with OWASA'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 shall be 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 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; 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 and assigns i 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. �,p,rnnmrn,,,rr�r �'` Pios�l,�y1,, For! Or rage Water` and Sewer Authority Attest. Zq By: a �.uiir1 ' �a Se retary '''•�N,,,..0 � (Title) FOR COUNTY: �ChaY����ATTE T'lea rgaret . Brown, Orange County Board of Commissioners Beverly A. lythe 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 i BOOK PArE 52 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 notarial seal,this/_day of rte-- , 1997. Notary Public My commission expires: I� NORTH CAROLINA ORANGE COUNTY a Notary Public in and for the aforesaid County and Sate, do hereby certify that the due execution of this Deed on this day was had by the personal appearance before me of To,v; G;4a--4 , with whom I am personally acquainted, who being by me d ICI s si rn says that be/she is ss t Secretary and that �� !E�.� �t1___�_�� is AN. c� ff "e Orange Water and Sewer Authorityone of the corporations named within and which executed the foregoing Deed; that he knows the common seal of said corporation;that the seal affixed to said instrum nt is said common seal that 6XiOr+�✓ .� the name of the corporation was subscribed thereto by the said and that the said jieo.e -Pfec-ident-arid AgLt 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. Witi�ess my hand and notarial seal,this o23V day of vag— ' 194. Notary Public My commission expires: September 11, 1999 NORTH CAROLINA - ORANGE COUNTY The foregoing certificate(s) of A Notary (or Notaries) Publieaf the designated Governmental units is (are) certified to be correct. Filed for registration this the day of 19 , at o'clock , in Record Book Page Be Re Hayes, f Dee s Return: By: Bsiii~t/Deputy Register of Deeds Dy. FILED 05 FEB 1 998, at 1 1 :50: ' 4am Book 1684, Page 50 — 5z- Betty June Hayes, I Register of Deeds, Orange COUnty, N. C.