HomeMy WebLinkAboutS Planning - Deed of Easement between Orange County and Jeffrey A. Fisher PfiF
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Prepared by William A.Anderson,III(without benefit of title examination)
Return to John L.Roberts,Office of the Orange County Attorney,Box 8181,Hillsborough,NC 27278
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this the day of ,
2015, by ORANGE COUNTY, NORTH CAROLINA, a North Carolina body politic, with a
mailing address of P.O. Box 8181, Hillsborough, NC, 27278 ("Grantor"), to JEFFREY A.
FISHER,having a mailing of 682 Erwin Rd., Durham,North Carolina 27707 ("Grantee").
WITNESSETH:
WHEREAS, Grantor owns the property described on Exhibit A attached hereto and
incorporated herein by reference (the"County Property");
WHEREAS, Grantee owns the property described on Exhibit B attached hereto and
incorporated herein by reference (the"Fisher Property");
WHEREAS, Grantee and his predecessors have historically accessed the Fisher Property
from Erwin Road, a public right of way, by a drive crossing a portion of the County Property,
and Grantor and Grantee desire to memorialize such easement in writing;
NOW, THEREFORE, in consideration of the foregoing premises, Grantor does hereby
make, declare, give, grant and convey unto Grantee, and his heirs, successors and assigns a
perpetual, nonexclusive easement for the purposes of vehicular and pedestrian ingress, egress
and regress to and from Erwin Road over, across and through the area more particularly shown
and described as Proposed Access Easement on the plat prepared by Coulter Jewell Thames, PA
recorded in Plat Book , Page , Orange County Registry.
Nothing herein shall convey to or establish for the public a right of access over the
easement established herein.
TO HAVE AND TO HOLD the aforedescribed easement unto the Grantee, and his
heirs, successors and assigns in perpetuity. Grantor, for itself, its successors and assigns, hereby
warrants and covenants that it is the sole owner of the Grantor Property; that it has the right to
grant the easements described herein, and that it will warrant and defend the title to the same
against the lawful claims of all persons whomsoever, subject to all matters of record.
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IN WITNESS WHEREOF, Grantor has caused this instrument to be signed, sealed and
delivered by duly authorized officers, as of the day and year first above written.
ATTEST: ® �� ORANGE COUNTY,
17
NORTH CAROLINA
1
By: , / sz -'Lt.'L-
Donna S. Baker arl McKee, Chair
Clerk to the Board of Commissi ���� Orange County Board of Commissioners
STATE OF NORTH CAROLINA
ORANGE COUNTY
I, a Notary Public of the County and State aforesaid, certify that Donna S. Baker
personally came before me this day and acknowledged that she is Clerk to the Board of
Commissioners for Orange County, North Carolina, 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 eday of Ti 1 , 2015.
[SEAL] f1Q .CA&d
Notary Pub '
My commission expires: 7
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Protar ublic
Guilford Coynty
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M _ mmission Ex ires
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EXHIBIT A
County Property
PIN 0801-01-4625
That tertain lot or parcel of land locatiod. in ChaPel. • ll Township,Oruge County,North
Carolina and more particul afly described as follows:
BEGINNING-Tat a control corner having the following North Carolina Grid coordinates:
N: 911,999.819; ER 2,W,522.804,thence along and with the wcstcm ri9fit--of-way line
of Pickett Road- S.R. 1734(64Y Wide public' W-W) S t6"35' 14"E 150,73' to a set iron
pipe; thence along a curve having a delta of 23'45'38", a radius of 1254,(HY,a length of
520.11;3',and a chord bearing of S 28'28'03' E to a pomt lying on the wcstern right-of-
way line of said Pickett Road;thence N 88'14'26" W 1.033.6:5' to a set iron pipe;
thence N 57'24'49"E 35,651 to an existing con manument in the southern right-
of-way line of Erwin Read-S.R. 1737(Vanablc Public R.AV),,thcncT along a cvrve
having a delta of 2"'O(Y 14",a radius of 3110,23', a length of I08:78'and a chord bearing
of N 56a 24!41"E tort set iron pipe; thence N 34"V26" %1 12.55'to an existing
concrete inonument in the southern right-of-way of said Envin Road, thence along a
curve having delta of r 24' 35",a radius of 3097,53', a length of 130.28'and a cjwrd
bearing of N 54' 112' 16* E to a mathcmatical point-,thcnve along a curve having a delta
of 0, 13'55io,a radius of 3097.58',a length of 12,54'and a chord bearing of N 52" 53'
ill" E to a mathematical point;thence N 52'46 03" E 90,35' to a mathematical point;
thence along a curve having a delta of 1' 12'50",a radius of 1573.56',a length of 75-71,
and a chord bearing of N 52109'388'E to a mathematical point; thenec N 51'33' 13"E
48'F.49'to an iron pin or pipe, thence S 16"35' 14:"E 5.38' to the point and place of
BEGINNING,according to a plat of survey by Triangle Surveyors,daW 912(1 005,
entitled"Final Plat of Minor Subdivision for Property Surveyed for Orange County,"
which plat is incorporated herein by reference and which plat is worded at Plat Book
Page,`7 Orange County Rtgjstry (horeafter "the Final Plat").
—11 1�j
Also conveyed hcrcin WITHOUT WARRANT' EXPRESS OR VVIPLI ED,as to the
tidc thereto is the following pared of 14nd,also j1oig,)rdin'g to the Final Plat,
MGM INGatacontrolcorticr(Sd iron PiP0 in the We9tcM ti—tht-Of-WaY line of
Pi", t Road-SK 1734(61Y Wide Public%V), and being a cottimon Omer with now
or formerly Oeftrude Rose(D.& 142.Q.02); thence N 88'47' 57"W 1069.711 to a point
identified as 1CP"on the Final Plat;thence N 57'24'4.9" E 2.9.85'to a set iron pipe;
thcncc S 881 34'26"F 1033.55' to a point in the western right-of-way of said Pickett
Road,thence along and with the western right-of-way tine of said Pickett Road along a
curve having a delta of 0*46 11 a radius o f 1254.OT,a length of 16.85' and a chord
bearing of S 40'43' 57" E to a act iron pipe,said set iron pipe being the point and place
of BEGINNING.
The properties described above are together Lot I (inclusive of RfW Dedication&,
Property Quitclairfted by Duke University)shown on the Final Plat and are hcrcky merged
into one parcel of land&r all purpos4z.
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EXHIBIT B
Fisher Property
PIN 9891-91-6210
BEING all of that certain parcel of land comprised of Tract A containing 1.12 acres, Tract B
containing .05 acres, and Tract C containing .34 acres, as shown on the plat by The John R.
McAdams Company, Inc. recorded in Plat Book 93, Page 42, Orange County Registry,to which
plat reference is made for a more particular description of same.
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