HomeMy WebLinkAbout2014-640 Easement & Release - CHCC Schools and Town of Carrboro for greenway�b
Prepared by:
20140707000118960 SIINS
Bk:RB5814 Pg:10
07107/2014 12:05:15 PM 118
FILED Deborah B. Brooks
Register of Deeds, Orange Co,NC
Recording Fee: $26.00
NC Real Estate TX: $.00
Attorney General's Office 1 Property Control Section
PG Box 629, Raleigh, North Carolina 27602
SPO File No.: 068 -CS 1 DOJ File No.: PC -13 -00370
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After Recording Mail To: Robert E. Horni k, Jr., The _Brough Law Firm, _, 829 E _Franklin St
Chapel Hill, NC 27514
STATE OF NORTH CAROLINA
EASEMENT AND RELEASE
COUNTY OF ORANGE
THIS EASEMENT �`Easement"), made and entered into as of the date set forth in the
notary acknowledgment below, by and between the STATE OF NORTH CAROLINA, a body
politic and corporate, hereinafter referred to as "Grantor ", and the TOWN OF CARRBORO, a
North Carolina municipal corporation, hereinafter referred to as "Grantee," and ORANGE
COUNTY, hereinafter referred to as "Tenant," and CHAPEL HILL --- CARRBORO CITY
BOARD OF EDUCATION, hereinafter referred to as "Sub- Tenant."
WITNESSETH:
THAT, WHEREAS, University of North Carolina at Chapel Hill, has authorized and
approved the execution of this instrument for the purposes herein expressed; and
WHEREAS, the execution of this instrument for and on behalf of the Grantor has been
duly approved by the Council of State by resolution adopted at a meeting held in the City of
Raleigh, North Carolina, on the 3rd day of December, 2013 and on March 11, 2014; and
WHEREAS, Grantor owns those certain parcels or tracts of land located in the Town of
Carrboro, Orange County, North Carolina being more particularly described in Deed Book 1750,
Page 470, and Deed Book 1752, Page 32, all of the Orange County Registry (said parcels owned
by Grantor being collectively referred to herein as the "Property "); and
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RB5814 11 218
WHEREAS it is the intent of Grantee to construct the Homestead - Chapel Hill High
School Multi -Use Path Greenway Project to provide a pedestrian and bike link to the Grantee's
Greenway System and accessories and appurtenances related thereto within and upon that
portion of the Property described herein; and
WHEREAS, Grantor leased a portion of the Property to Tenant and Sub - Tenant, under
the terms and conditions of that certain Lease Agreement, dated June 14, 2001, for the athletic
facilities under the leadership of the Chapel Hill — Carrboro City Board of Education; and
WHEREAS, Tenant and Sub - Tenant enter into the execution of this Easement for the
purposes set forth herein and for the purpose of releasing their leasehold interest in the Property
to Grantor in furtherance of this Easement and the easement rights herein granted.
NOW, THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, (1) Grantor does
hereby grant, sell and convey unto Grantee, its successors and assigns, the right, privilege and
easement for ingress and egress and an easement to construct, install, operate, maintain, inspect,
repair, reconstruct and replace a greenway for pedestrian use, and accessories and appurtenances
related thereto (collectively hereinafter referred to as the "Improvements "); (2) Tenant and Sub -
Tenant do hereby release, quitclaim and reconvey to the STATE OF NORTH CAROLINA, any
right, title, estate, claim or interest which they may or may have by virtue of said Lease recorded
in Deed Book 2308, Page 576 of the Orange County Registry, in and to that portion of said
property within and upon that certain portion of the Property being more particularly described
as follows:
Public Greenwa Easement:
POINT OF BEGINNING being North 42 degrees 51 minutes 51 seconds East 26.46 feet
from —L- Station 19 +00.00; thence along a point on a bearing North 65 degrees 04 minutes 16
seconds East 55.01 feet; thence along a curve 91.93 feet and having a radius of 100.00 feet. The
chord of said curve being on a bearing South 88 degrees 35 minutes 35 seconds East, a distance
of 88.73 feet; thence along a curve 247.87 feet and having a radius of 240.00 feet. The chord of
said curve being on a bearing North 88 degrees 09 minutes 19 seconds East, a distance of 237.00
feet; thence along a curve 218.28 feet and having a radius of 260.00 feet. The chord of said
curve being on a bearing North 82 degrees 37 minute 07 seconds East, a distance of 211.92 feet;
thence to a point on a bearing South 73 degrees 19 minutes 51 seconds East 157.27 feet; thence
along a curve 1 05.59 feet and having a radius of 80.00 feet. The chord of said curve being on a
bearing North 68 degrees 51 minutes 25 seconds East, a distance of 98.09 feet; thence along a
point on a bearing North 31 degrees 02 minutes 41 seconds East 36.63 feet; thence along a curve
67.69 feet and having a radius of 140.00 feet. The chord of said curve being on a bearing North
17 degrees 11 minutes 38 seconds East, a distance of 67.03 feet; thence along a curve 8.09 feet
and having a radius of 140.00 feet. The chord of said curve being on a bearing of North 01
degrees 41 minutes 12 seconds East, a distance of 8.09 feet; thence along a point on a bearing
North 00 degrees 01 minutes 49 seconds East 70.24 feet; thence along a curve 90.51 feet and
having a radius of 85.00 feet. The chord of said curve being on a bearing North 30 degrees 32
minutes 05 seconds East, a distance of 86.29 feet; thence along a point on a bearing South 28
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RB5814 12 3/8
degrees 57 minutes 39 seconds East 20.00 feet; thence along a curve 69.21 feet and having a
radius of 65.00 feet. The chord of said curve being on a bearing South 30 degrees 32 minutes 05
seconds West, a distance of 65.99 feet; thence along a point on a bearing South 00 degrees of
minutes 49 seconds West 70.24 feet; thence along a curve 8.02 feet and having a radius of
160.00 feet. The chord of said curve being on a bearing South 01 degrees 27 minutes 56 seconds
West, a distance of 8.02 feet; thence along a curve 78.59 feet and having a radius of 160.00 feet.
The chord of said curve being on a bearing of South 16 degrees 58 minutes 22 seconds West, a
distance of 77.81 feet; thence along a point on a bearing South 31 degrees 02 minutes 41 seconds
West 36.63 feet; thence along a curve 131.99 feet and having a radius of 100.00 feet. The chord
of said curve being on a bearing South 68 degrees 51 minutes 25 seconds West, a distance of
122.61 feet; thence along a point on a bearing North 73 degrees 19 minutes 51 seconds West
157.27 feet; thence along a curve 20 1.49 feet and having a radius of 240.00 feet. The chord of
said curve being on a bearing of South 82 degrees 37 minutes 07 seconds West, a distance of
195.62 feet; thence along a curve 268.53 feet and having a radius of 260.00 feet. The chord of
said curve being on a bearing South 88 degrees 09 minutes 19 seconds West, a distance of
256.75 feet; thence along a curve 73.54 feet and having a radius of 80.00 feet. The chord of said
curve being on a bearing North 88 degrees 35 minutes 35 seconds West, a distance of 70.98 feet;
thence along a point on a bearing South 65 degrees 04 minutes 16 seconds West 51.86 feet;
thence along a point on a bearing North 33 degrees 52 minutes 52 seconds West 20.25 feet;
returning to the POINT and PLACE OF BEGINNING. Having an area of 22,964 square feet or
0.527 acres, more or less as shown on that project plan survey for "Project I_T- 4726DE,
Homestead - Chapel Hill High School Multi -use Path, Grange County, North Carolina."
Temporga Construction Easement #I -
POINT OF BEGINNING being North 42 degrees 51 minutes 51 seconds East, 26.46 feet
from -L- Sta 19 +00.00; thence to a point on a bearing North 33 degrees 52 minutes 52 seconds
West, 10.12 feet; thence to a point on a bearing North 54 degrees 04 minutes 53 seconds East,
62.47 feet; thence to a point on a bearing North 84 degrees 48 minutes 10 seconds East, 49.03
feet; thence to a point on a bearing South 88 degrees 21 minutes 14 seconds East, 53.22 feet;
thence along a curve 81.66 feet and having a radius of 230.00 feet. The chord of said curve being
on a bearing South 72 degrees 25 minutes 42 seconds East, a distance of 81.23 feet; thence to a
point on a bearing North 5 5 degrees 3 8 minutes 45 seconds East, 18.69 feet; thence to a point
on a bearing South 71 degrees 14 minutes 26 seconds East, 36.06 feet; thence along a curve
106.20 feet and having a radius of 230.00 feet. The chord of said curve being on a bearing
North 71 degrees 47 minutes 47 seconds East, a distance of 105.26 feet; thence to a point on a
bearing North 69 degrees 36 minutes 42 seconds East, 51.72 feet; thence along a curve 171.40 feet
and having a radius of 265.00 feet. The chord of said curve being on a bearing North 88 degrees
08 minutes 26 seconds East, a distance of 168.42 feet; thence to a point on a bearing South 73
degrees 19 minutes 51 seconds East, 157.27 feet; thence along a curve 98.99 feet and having a
radius of 75.00 feet. The chord of said curve being on a bearing North 68 degrees 51 minutes
25 seconds East, a distance of 91.96 feet; thence to a point on a bearing North 31 degrees 02
minutes 41 seconds East, 36.63 feet; thence along a curve 64.96 feet and having a radius of
135.00 feet. The chord of said curve being on a bearing North 17 degrees 15 minutes 34
seconds East, a distance of 64.34 feet; thence to a point on a bearing North 89 degrees 48
minutes 33 seconds East, 167.83 feet; thence to a point on a bearing South 19 degrees 11
minutes 27 seconds East, 6.41 feet; thence to a point on a bearing South 51 degrees 30 minutes
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'" RB5B14 13 4/8
43 seconds West, 32.93 feet; thence to a point on a bearing North 40 degrees 50 minutes 30
seconds West, 23.58 feet; thence to a point on a bearing South 47 degrees 21 minutes 21
seconds West, 43.47 feet; then to a point on a bearing North 63 degrees 59 minutes 35 seconds
West, 74.59 feet; thence along a curve 76.31 feet and having a radius of 165.00 feet. The chord
of said curve being on a bearing South 17 degrees 47 minutes 46 seconds West, a distance of
75.63 feet; thence to a point on a bearing South 31 degrees 02 minutes 41 seconds West, 36.63
feet; thence along a curve 138.59 feet and having a radius of 105.00 feet. The chord of said
curve being on a bearing South 68 degrees 51 minutes 25 seconds West, a distance of 128.75
feet; thence to a point on a bearing North 73 degrees 19 minutes 51 seconds West, 157.27 feet;
thence along a curve 197.29 feet and having a radius of 235.00 feet. The chord of said curve
being on a bearing South 82 degrees 37 minutes 07 seconds West, a distance of 191.54 feet,
thence to a point on a bearing South 50 degrees 31 minutes 58 seconds West, 22.19 feet, thence
along a curve 123.74 feet and having a radius of 269.00 feet. The chord of said curve being on
a bearing South 76 degrees 25 minutes 50 seconds West, a distance of 122.65 feet; thence to a
point on a bearing South 00 degrees 23 minutes 29 seconds East, 21.00 feet; thence to a point
on a bearing North 88 degrees 40 minutes 21 seconds West, 17.40 feet; thence to a point on a
bearing North 03 degrees 02 minutes 47 seconds East, 20.00 feet; thence along a curve 117.20
feet and having a radius of 290.00 feet. The chord of said curve being on a bearing North 76
degrees 31 minutes 45 seconds West, a distance of 116.40 feet; thence to a point on a bearing
South 81 degrees 20 minutes 03 seconds West, 1 07.05 feet; thence to a point on a bearing North
33 degrees 52 minutes 52 seconds West, 30.37 feet; returning to the POINT AND PLACE OF
BEGINNING. Having an area of 39221 Sqr feet or 0.900 acres, more or less as shown on that
project plan survey for "Project U- 4726DE, Homestead - Chapel Hill High School Multi -use
Path, Grange County, North Carolina."
Temporary Construction Easement #2
POINT OF BEGINNING being North 27 degrees 19 minutes 21 seconds West, 18.03
feet from -L- Sta 29 +00.00; thence to a point on a bearing North 89 degrees 48 minutes 3
seconds East, 5.01 feet; thence along a curve 8.11 feet and having a radius of 13 5.00 feet. The
chord of said curve being on a bearing North of degrees 45 minutes 08 seconds East, a
distance of 8.11 feet; thence to a point on a bearing North 00 degrees 01 minutes 40 seconds
East, 70.24 feet; thence along a curve 67.54 feet and having a radius of 90.00 feet. The chord of
said curve being on a bearing North 21 degrees 31 minutes 45 seconds East, a distance of 65.97
feet; thence to a point on a bearing North 43 degrees 01 minutes 41 seconds East, 32.38 feet;
thence to a point on a bearing South 89 degrees 53 minutes 44 seconds Fast, 123.54 feet; thence
to a point on a bearing South 00 degrees 48 minutes 33 seconds West, 162.61 feet; thence to a
point on a bearing North 89 degrees 48 minutes 33 seconds East, 162.82; returning to the
POINT AND PLACE OF BEGINNING. Having an area of 26242 Sqr feet or 0.602 acres, more
or less as shown on that project plan survey for "Project U- 4726DE, Homestead - Chapel Hill
High School Multi -use Path, Orange County, North Carolina."
IT IS UNDERSTOOD AND AGREED BETWEEN GRANTOR,
GRANTEE, TENANT AND SUB - TENANT:
1. The Improvements shall remain the property of Grantee. Grantee shall have the
right to go in and upon the Property, at its sole cost and expense, to construct, install, inspect,
repair, reconstruct and replace the Improvements and in general do any other thing necessary and
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R05814 10 SIB
convenient for the operation and maintenance of the Improvements in such manner as shall
occasion the least practical damage and inconvenience to Grantor, Tenant and Sub - Tenant.
2. Grantee agrees that it will, to the extent practical, return the Easement Area and
any other areas of the Property affected by the construction of the Improvements to
preconstruction condition, including if necessary, replacing any trees which may be destroyed
during construction.
3. It is understood and agreed that Grantee will correct any drainage problems on the
Property related to the construction of the Improvements in a timely manner and to Grantor's
satisfaction.
4. That Grantor, Tenant and Sub - Tenant may use the Easement Area for all purposes
not inconsistent with the rights herein granted.
5. This Easement is granted subject to all existing rights of way and easements
within the Easement Area herein described.
6. This Easement shall run with the title to Property and shall be binding and inure
to the benefit of Grantee, its successors and assigns,
7. That by acceptance of this Easement, Grantee binds itself and its successors,
agents and assigns to the foregoing conditions.
8. Grantee agrees that the Temporary Construction Easement Area will be utilized
and maintained in such a way as not to impair or restrict the public use of the Easement Area.
The Temporary Construction Easements described herein shall terminate upon completion of the
Prod ect.
To HAVE AND To HOLD the aforesaid rights, privileges and easements unto Grantee,
its successors and assigns in perpetuity.
IN TESTIMONY WHEREOF, the STATE OF NORTH CAROLINA has caused this
instrument to be executed in its name by PAT McCRORY, Governor, attested by ELAINE F.
MARSHALL, Secretary of State, and the Great Seal of the State of North Carolina to be hereto
affixed by virtue of the power and authority aforesaid.
z
•�; .war '�' „+��, •,�! ��
STATE of NORTH CAROLINA
By. 91 L&LAA a
PA McC ORY, Wernor
Page 5 of 8
RB58 4 15 618
ATTES
By: AZA
4 11X)F"1f
4E AINE F. NgkSHAIIL
Secretary of State
APPROVED AS TO FORD:
RO OOPER, Attomey General
1 00,
By:
f AysisVni" .At k_o_m�eyGeneral
STATE OF NORTH CAROLINA
COUNTY OF WAKE
X) a Notary Publac in and for the County of
kAC%+tY and State of North Carolina, do hereby certify that ELAINE F.
MARSHALL, Secretary of State of North Carolina, personally came before, me this day and
acknowledged that she is Secretary of State of North Carolina., and that by authority duly given
and as the act of the State, the foregoing instrument was signed in its name by PAT McCRORY,
Governor of the State of North Carolina, sealed with, the Great Seal of the State of North
Carolina, and attested by herself as Secretary of State of North Carolina.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the
flll
01)&t
day of 5 2014.
......... . .
My Commission Expires: i(- o? (- �[j((�
low a,
JENNELL BAUGHMAN
Notary Public
Johnston County
State of North carotino
My Commission Expires &4L.2�l
7 A. b Ak
�i 1 0 . ........ .
Nota?� Public
Print Name -. J,
KIAJ
Page 6 of 8
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RB58 4 16 7/8
IN FURTHER TESTIMONY WHEREOF, Orange County joins in the execution of this
Easement for the sole purpose of subordinating its leasehold interest under the Lease to the
easement granted herein and has caused these presents to be signed in its name by its duly
authorized officer as of the date set forth in the notary acknowledgment below.
ATTEST:
Clerk to the
Board of Commissioners
STATE OF NORTH CAROLINA
COUNTY Oe. "4��— CS ✓'an3 42
TENANT:
ORANGE COUNTY, NORTH CAROLINA
0
, Chair
Orange Coylliy Boa Co n-iissioners
I, v.' �,,,r� a Notary Public in and for the County of
�- and State of North Carolina, do hereby certify that
--p-onnck personally came before me this day and acknowledged that
she is the Clerk of the Orange County Board of Commissioners, and that by authority duly given,
the foregoing instrument was signed in its name by 5 q r v s4z�; G uk 5 , Chair of the
Orange County Board of Commissioners, and attested by C)6n nCJ 94ke-f-, as its
Clerk.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the
-7, 01 day of _ Z�,Ae , 2014.
My Commission Expires: if
__A� c:*J
Notary Public
Print Name: V; 14 uA
26 - OFFICIAL SEAL
Notary Public, North Carolina
ORANGE COUNTY
DAVID HUNT
My Commission Expires Page 7 of 8
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RB5816 17 8l8
IN FURTHER TESTIMONY WHEREOF, the Chapel Hill - Carrboro City Board of Education
joins in the execution of this Easement for the sole purpose of subordinating its leasehold interest
under the Lease to the easement granted herein and has caused these presents to be signed in its
name by its duly authorized officer as of the date set forth in the notary acknowledgment below.
SUB - TENANT:
CHAPEL HILL - CARRBORO CITY
BOARD OF EDUCATION
.!
�u-
ATTEST:
By:
Clerk to the
Board of Education
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, a Notary Public in and for the County of
and State of North Carolina, do hereby certify that
—TJv-1"Aec, j , personally came before me this day and acknowledged that
he/she is the Clerk of the Chapel Hill- Carrboro City Board of Education, and that by authority
a= - &a 6*Z
duly given, the foregoing instrument was signed in its name by J
Chair of the Chapel Hill - Carrboro City Board of Education, and attested by
�-•
gong Lfs3 , as its Clerk.
XX IN WITNESS WHEREOF, I have hereunto set my hand and �'1�'�al Seal, �i�,s'�e
- to day of 92014.
My Commission Expires: QD
�4 �Iw
_- kp -' 400
p1jet to
IrAL
Notary Pub '
Print Name• ►1
Page 8 of 8