HomeMy WebLinkAbout2014-229 AMS - NCDOT - Drainage Easement Construction Easement Mt Willing Rd Bridge Construction Efland NC / 1
—Please return this copy to the Clerk to the Board's —
R S office for permanent agenda file. z y9
Revenue Stamps$ O
DRAINAGE EASEMENT
THIS INSTRUMENT DRAWN BY Heather Fulghum CHECKED BY David Moon
Return to: Division R/W Agent,NCDOT
Right of Way Branch,Division 7
1101 E.Wendover Ave., Suite 200
Greensboro,NC 27405
NORTH CAROLINA TIP/PARCEL NUMBER: 068SR1120 003
COUNTY OF Orange WBS ELEMENT: 17BP.7.R.62
TAX PARCEL 9854135079 ROUTE: SR 1120(Mt.Willing Rd.)
THIS EASEMENT,made and entered into this the S day of A H t 20 14
by and between Orange County,a political subdivision of the State of North Carolina
P.O.Box 8181
Hillsborough,NC 27278
hereinafter referred to as GRANTORS,and the Department of Transportation,an agency of the State of North Carolina,
1546 Mail Service Center,Raleigh,NC 27611,hereinafter referred to as the Department;
WITNESSETH
THAT WHEREAS,the DEPARTMENT desires to construct and maintain a drainage facility through and across the
property of GRANTORS,
AND WHEREAS, GRANTORS,recognizing the benefits accruing to their said property through the construction and
maintenance by the DEPARTMENT of roads and highways upon or in the vicinity of said property of GRANTORS,
NOW,THEREFORE,in consideration of said benefits,and further consideration of$ Sa . Oo and
other valuable considerations,GRANTORS hereby release the DEPARTMENT,its successors and assigns,
from any and all claims for damages by reason of the construction and maintenance of said drainage facility
across and through the lands of GRANTORS, and GRANTORS hereby give,grant,bargain, sell and convey
unto the DEPARTMENT,its successors,and assigns,an easement for the construction and maintenance of a
drainage facility across and through the property of GRANTORS located in Cheeks Township,
Orange County,and being more fully described in a deed recorded in Book 243
Page 827 Orange County Registry, said easement being described as follows:
Permanent Drainage Easement described as follows:
Point of beginning being N 56°49'48"E, 51.61 feet from-L-STA. 13+00;thence to a point on a bearing of N 219732"1732"E,
a distance of 48.0 feet;thence to a point on a bearing of S 68 042'28"E,a distance of 10.0 feet;thence to a point on a bearing
of S 21117'32"W,a distance of 40.0 feet;thence to a point on a bearing of S 72°37'57"W,a distance of 12.8 feet; returning
to the point and place of beginning.
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FRM7-N
Page 1 of 3
Revised 07/19/13
COUNTY: ORANGE WBS ELEMENT: 17BP.7.R.62 TIP/PARCEL NO.: 068SRI 120 003
The final right of way plans showing the above described area are to be certified and recorded in the Office of the Register
of Deeds for said county pursuant to N.C.G.S. 136-19.4,reference to which plans is hereby made for purposes of further
description and for greater certainty.
Said Permanent Drainage easement in perpetuity is for the installation and maintenance of drainage facilities,and for all
purposes for which the DEPARTMENT is authorized by law to subject same.The Department and its agents or assigns
shall have the right to construct and maintain in a proper manner in,upon and through said premises a drainage facility with
all necessary pipes,poles and appurtenances,together with the right at all times to enter said premises for the purpose of
inspecting said drainage facility and making all necessary repairs and alterations thereon;together with the right to cut away
and keep clear of said drainage facility all trees and other obstructions that may in any way endanger or interfere with the
proper maintenance and operation of the same with the right at all times of ingress,egress and regress.
It is understood and agreed that the Department shall have the right to construct and maintain the cut and/or fill slopes in the
above-described permanent drainage easement area(s). It is further understood and agreed that Permanent Drainage shall be
used by the Department for additional working area during the above described project.
IN ADDITION,and for the aforestated consideration,the GRANTORS further hereby convey to the
DEPARTMENT,its successors and assigns the following described areas and interests:
Temporary Construction Easement described as follows:
Point of beginning being N 73 046'17"E, 37.82 feet from-L-STA. 13+00;thence to a point on a bearing of N 21°17'32"E,
a distance of 19.0 feet;thence to a point on a bearing of N 72 037'57"E,a distance of 12.8 feet;thence to a point on a
bearing of S 21°17'51"W,a distance of 22.4 feet; thence to a point on a bearing of S 86 148'27"W,a distance of 8.2 feet;
thence to a point on a bearing of S 86°48'27"W,a distance of 2.8 feet; returning to the point and place of beginning.
This construction easement shall expire upon completion and acceptance of the aforementioned project.
This EASEMENT is subject to the following provisions only:
NONE
There are no conditions to this EASEMENT not expressed herein.
To HAVE AND TO HOLD said perpetual easement for highway purposes unto the DEPARTMENT,its
successors and assigns,and the GRANTORS,for themselves,their heirs,successors,executors and assigns,hereby warrant
and covenant that they are the sole owners of the property;that they solely have the right to grant the easement;and that
they will forever warrant and defend title to the same against the lawful claims of all persons whomsoever;
The Grantors acknowledge that the project plans for Project# 17BP.7.R.62 have been
made available to them.The Grantors further acknowledge that the consideration stated herein is full and just
compensation pursuant to Article 9,Chapter 136 of the North Carolina General Statutes for the acquisition of the said
interests and areas by the Department of Transportation and for any and all damages to the value of their remaining
property;for any and all claims for interest and costs;for any and all damages caused by the
acquisition for the construction of Department of Transportation Project# 17BP.7.R.62
Orange County,and for the past and future use of said areas by the Department of
Transportation,its successors and assigns for all purposes for which the said Department is authorized by law to subject the
same.
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FRM7-N
Page 2 of 3
Revised 07/19/13
COUNTY: ORANGE WBS ELEMENT: 17BP.7.R.62 TIP/PARCEL NO.: 068SR1120 003
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals(or if corporate,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 Directors)the day and year first above written.
®ta�tge,
Orange County,a political subdivision of the Stat of
1t �'
a
BY:
�►rolinA
ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION BY:
North Carolina, OA 4V C County
1, In C ec ( , a Notary Public for
O jq Ala County, North Carolina, certify that
Am.ti�4 ec personally came
before me the day and acknowledged that he/she is the CLERK of
�. Cm t and that by authority duly given, the
�'__V icial Seal) °'��
the foregoing instrument was signed in its name by 1�' q y�- 4ca b S
=zu its CHAIRMAN, sealed with its corporate seal, and attested by
N JDePNNe. ," 73q &;-as its CLERK.
pVBL,G Z= Witness my hand and official seal this the day of
20 / �
otary Public
My commission expires: /D
FRM7-N
Page 3 of 3
Revised 07/19/13
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COLOR DESCRIPTION SOR FT ACRES SOR M HECTARES
TCE RI lY 207.078116 0004754 19238263 0.001924
FROM - TO DISTANCE (FT/M1 BEARING RADIUS IFTIM) CURVE LENGTH rFTIMI
-L- STAl3t00- 2 372 11.53 N 73'46'17'E
2 - 6 19D 5.78 N 2l'l7'32"E
6 - 7 128 391 N 72'37'57'E
7 - 8 22.4 683 S 2/`17'51"W
8 - 9 8.2 250 S 864827'W
9 - 2 2.9 OB5 S 86'4827"W
COLOR DESCRIPTION SOR FT ACRES SOR M HECTARES
PDE R!hl 440000000 0010101 40877501 0004088
FROM - TO DISTANCE (FT/M) BEARING RADIUS (FT/MI CURVE LENGTH IFT/M)
-L- STAl3t00- 6 51.6 15.73 N 56'4948 E
6 - 10 480 14.63 N 2fO32 E
IO - If 100 3.05 S 68'42'28'E
II- 12 400 12.19 S 2/`17'32'W
12 - 6 128 390 S 72'3757'W
TYPE COUNT SOR FEET ACRES
ROW LEFT 0 OD 0.0
ROW RIGHT 0 00 00
POE LEFT 0 OD OD
POE RIGHT I 440D W/O
TCE LEFT 0 0.0 OD
TCE RIGHT I 2071 0.005
TOE LEFT 0 OD 0.0
TOE RIGHT 0 OD OD
TSE LEFT 0 OD OD
TSE RIGHT 0 OD OD
PU£ LEFT 0 OD OD
PUE RIGHT 0 OD 00
OTHER LEFT 0 OA OD
OTHER RIGHT 0 OD 0.0
1.RN IS MOT d E[R"a BrKT xO x/s RRT KCI REKEm BY�
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Prepared by: Graham & Cheshire, Attorneys 8259
NOR TH CAROLINA
ORANGE COUNTY
THIS DEED, Made and entered into this the 27th day of June,
1973, by and between JOHN W. JOHNSON and wife, MARTHA T. JOHNSON,
parties of the first part, and ORANGE COUNTY, a body, politic, party of
the second part,
WITNESSETH:
That the said parties of the first part, in consideration of the
sum of TEN DOLLARS and other good, valuable and sufficient considerations.
paid by the said party of the second part, the receipt of which is hereby ack-
knowledged, have bargained and sold and by these presents do bargain, sell
i
and convey unto the said party of the second part and its successors and
assigns, all that certain tract or parcel of land in Cheeks Township, Orange
aiTi Cl) i County, North Carolina, and more particularly described as follows:
Such portions of the lands described in Deed Book 229, page 213, and
! Deed Book Z36, page 1684 that are below the 593 foot elevation con-
tour, plus an additional 50 foot strip along the outside perimeter of
I said property, said property being described as follows:
BEGINNING at a point in the center line of N. C. Secondary R oad No. 1120,
the Northwest corner of Calvin and Ruth Squires, which beginning point
i is in the center of State Highway Commission bridge crossing Seven
Mile Creek, running thence along the center of SR #1120 North 25 deg.
< 0 14 min. 30 sec. East 337.83 feet; thence departing said road ana running
_-, the following courses and distances: South 79 deg. 00 min. 00 sec. East
42.48 feet, South 62 deg. 51 min. 00 sec. East 139.57 feet, North 89
deg. 24 min. 30 sec. East 137.31 feet, North 63 deg. 21 min. 00 sec.
East 206.31 feet, North 70 deg. 51 min. 00 sec. East 88. 12 feet, South
59 deg_ 03 min. 30 sec. East 102.86 feet, North 21 deg. 44 min. 00 sec,
West 146.91 feet, North 27 deg. 37 min. 30 sec. East 177.27 feet, South
71 deg. 12 min. 30 sec. East 15 1.59 feet, South 72 deg. 17 min. 00 sec.
East 113.45 feet, North 74 deg. 14 min. 30 sec. East 54.38 feet, North
29 deg. 04 min. 30 sec. East 95.81 feet, North 21 deg. 08 min. 30 sec.
East 156.46 feet, North 07 deg. 57 min. 30 sec. West 134.54 feet,
North 08 deg. 12 min. 00 sec. West 182.81 feet, North 68 deg. 46 min.
30 sec. East 128.00 feet, North 55 deg. 59 min. 00 sec. East 162.99 feet,
GRAHAM. North 89 deg. 24 min. 30 sec. East 101.26 feet, South 50 deg. 41 min.
]m1f0mm 6 CHESHIRE 30 sec. East 152.25 feet, South 65 deg. 20 min. 00 sec. East 172.85 feet,
ATTORNEYS AT LAW
NI�>.s.apoucN.N.e. I South 85 deg. 32 min. 30 sec. East 134.40 feet. South 86 deg. 20 min. 00
sec, East 99.41 feet, South 04 deg. 57 min. 30 sec. West 422.05 feet,
e'
�`... 243 fXE 827
i
•
I
South 04 deg. 40 min. 30 sec. West 186.52 feet, South 04 deg. 45
min. 30 sec. West 412.59 feet, South 84 deg. 24 min. 30 sec. .East
634.97 feet, South 02 deg. 5Z min. 30 sec. West 1370.74 feet, South
74 deg. 59 min. 30 sec. West 15.66 feet, South 62 deg. 13 min.. 00
sec. West 200.94 feet, South 72 deg. 04 min. 00 sec. West 141.06
feet, North 15 deg. 17 min. 30 sec. East 179.78 feet, North 37
deg. 59 min. 00 sec. East 89.66 feet, North 59 deg. 58 min. 30
sec. East 219.33 feet, North 40 deg. 33 min. 00 min. East 144.47
feet, North 50 deg. 56 min. 30 sec. East 101.40 feet, North 23 deg.
Z1 min. 30 sec. East 110.45 feet, North 78 deg. 15 min. 30 sec.
West 107.56 feet, South 80 deg. Z1 min. 00 sec. West 309.21 feet,
North 3Z deg. 02 min. 30 sec. West 177.36 feet, North 00 deg. 58
min. 00 sec. West 198.84 feet, North 05 deg. Z6 min. 00 sec. West
83.59 feet, North 12 deg. 38 min. 00 sec. East 89.76 feet, North
05 deg. 37 min. 00 sec. East 123.30 feet, South 45 deg. 16 min.. 30
sec. West 183.52 feet, South 39 deg. 19 min. 00 sec. West 102.45
feet, South 57 deg. 23 min. 00 sec. West 198.13 feet, South 75 deg.
57 min. 30 sec. West 137. 17 feet, North 43 deg. 46 min. 00 sec.
East 252.59 feet, North 25 deg. 39 min. 30 sec. East 103.76 feet,
North 86 deg. 02 min. 00 sec. West 1181.43 feet, South 78 deg. 43
min. 30 sec. West 221.71 feet, North 17 deg. 29 min. 30 sec. East
303.95 feet, and North 84 deg. 15 min. 30 sec. West 657. 18 feet
to the place and point of beginning, containing 53.76 acres, according
to survey made June, 1973, by Rose, Pridgen & Freeman, Engineers. •
TO HAVE AND TO HOLD the aforesaid tract or parcel of land
and all privileges and appurtenances thereunto belonging to the said party
of the second part and its successors and assigns in fee simple forever.
And the said parties of the first part do covenant that they are
seized of said premises in fee simple and have the right to convey the same
in fee simple; that the same are free from encumbrances, and that they will
warrant and defend the said title to the same against the claims of al1 persons
whomsoever.
IN TESTIMONY WHEREOF, the said parties of the first part
have hereunto set their hands and seals, the day and year first above written.
+ John W ohnson
(SEA)
Martha T. Johnson •
-2-
e�.r 243 :v 828
1 !
{
i
NOR TH CAROLINA
ORANGE COUNTY
I
I, L ./14 �. , Notary Public, do !
hereby certify that John W. Johnson and wife, Martha T. Johnson, personally!
l
appeared before me this day and acknowledged the due execution of the j
I
I
foregoing Deed of Conveyance.
Witness my hand and notarial seal, this the�. day of
i J 197 3.
I
i
rypiary Pvbhc
JR1Kft cau�ir.n.C / NOTARY PUBLIC
My commission expires:
yTATE OF NOM M CAHOLINA-ORANGE COUNTY
THE FONF<;0-G CERTIFICATE CC OF _T IIC'{ e R Ray F�&
eoeKirx*-xACEx 8L'7
q A H.JrnH V-�.yly,.�;{jjyj x5l PUe LJC OF THE OGSIONATEO GOVERNMENTAL UNITS IS gpRpQ CER.TIFiEO TO 9E E
LT,rIH£�r T l�/ 'T'� JUL 1 211 Pik t3
1-� TH£ 2 DAY OF--J Ul-y----- A.O. 19
as _ r- � a REGISTER OF DEEDS
UETTY JUNE HAYlS RFGISTER OF OLEOS aY.
O ORANGE COUNTY.N.C.
a. „EruHN Graham &_Cheshire
REGISTER OFF DEEDS
243 r,ticf 829