HomeMy WebLinkAbout2016-260 Planning - Deed of Easement re Rogers Rd. Sewer Project across County-Owned Property (Animal Services) (Individual or Partnership Sewer Easement No Mortgage and With Temp.Easements)
PREPARED BY: Anne Marie Tosco
PIN FOR PARENT TRACT: 9870774584
RETURN TO: Kevin Lindley, Orange County Planning
REVENUE STAMPS: $0.00
NORTH CAROLINA
ORANGE COUNTY DEED OF EASEMENT
THIS DEED is made and entered into this the 17'` day of/ 2011v,by and
between Orange County,North Carolina hereinafter referred to as GRANTOR, and Orange
County,a body politic and corporate of Orange County,North Carolina,with its principal
office at 200 South Cameron Street,Hillsborough,North Carolina,27278,hereinafter referred to
as GRANTEE;
WITNESSETH:
THAT WHEREAS,the GRANTEE intends to construct and operate or cause to be
operated a public sewage collection system,and for that purpose will construct lines of pipe and
mains necessary for the proper transmission of sewage,and for such purposes needs to acquire
rights and easements,some of which will be located on GRANTOR's property:
NOW, THEREFORE, in consideration of the sum of One and No/100($1.00)Dollar and
other good and valuable consideration paid to the GRANTOR,the receipt and sufficiency of all
of which is hereby fully acknowledged,the said GRANTOR does hereby give,grant,quitclaim,
and convey unto the GRANTEE,its successors and assigns, (1)the right,privilege,and perpetual
exclusive easement for the location,construction, operation, maintenance, alteration;repair
and patrol of underground sanitary sewer and/or other utility lines; and (2)temporary
easements for the purpose of constructing, installing and placing underground sanitary
sewer and/or other utility lines; both together with the right to trim, cut, fell and remove
therefrom all trees,underbrush, obstructions and other vegetation, structures, or obstacles
within the limits of the right-of-way; reserving,however,to the land owners, their heirs
and assigns, all such rights and privileges as may be used without interfering with or
abridging the rights and easement hereby acquired; subject,however,to existing
easements for public roads and highways,public utilities, railroads and pipelines and
right-of-way in, on, over and across the parcel of land, and said perpetual easement
containing 11,826 square feet, more or less, and said temporary easements being 3,960
square feet, more or less, and 1,138 square feet, more or less, described herein and owned
by the GRANTOR,lying and being in the Chapel Hill Township,Orange County,North
Carolina,the said easements being more particularly described as follows:
See EXHIBIT PLAT, attached and hereby incorporated
And,the GRANTEE shall have the exclusive right therein to construct,operate,maintain,
and replace in,under and/or above,along and through said strip of land 11,826 square feet,more
or less,one or more lines of pipe and manholes for the purpose of collecting and transmitting
sewage as aforesaid,together with the right to construct and maintain in,under,above,and along
said easement such mains, lines,and manholes as shall be necessary in connection with the
proper construction,operation,and maintenance of said sewage system; GRANTEE shall also
have the right of ingress,egress,and regress through, over, and across the land of the GRANTOR
to and from said strip at such times as GRANTEE deems it necessary for the purpose of
constructing,maintaining, inspecting,operating, and replacing 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 sewage as aforesaid,and said mains and manholes, if any,shall 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;and GRANTEE shall have the right,privilege and easement to tap the line or lines and
construct,maintain, inspect,operate,and repair sewer laterals from the main to the outside
boundary of the 11,826 square feet,more or less,over which this easement and privilege
extends;and GRANTEE 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 owners of the fee 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 the GRANTEE herein named of ingress,egress,
and regress to said easement for the purpose of operation,maintenance,repair, or replacement of
said sewer mains, lines,laterals,connections,and manholes; GRANTEE shall also have the right
at such times as may be convenient to its purposes of ingress,egress,and regress to and from the
said easement over GRANTOR's land adjacent to the said easement to any adjoining lands or
public rights of way;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 GRANTEE when it is
necessary to come in and upon said strip of land for the purposes aforesaid.
AND,GRANTEE,by and through its employees,agents, contractors, successors and
assigns may enter GRANTOR'S said property, and thereupon may install any such temporary
facilities as may be necessary to construct,maintain,repair,or continue operation of
GRANTEE'S sewer collection system,within the temporary easements of 3,960 and 1,138
square feet,more or less; GRANTEE will not remove trees within the temporary easement for the
purpose of construction of these facilities unless the parties otherwise agree.However,
GRANTEE may excavate the area within the easement as necessary to install the temporary
facilities.Upon completion of the construction project involving replacement of the sewage
system,GRANTEE will remove the temporary facilities.
It is understood and agreed by the parties that this easement is an exclusive easement and
the area within the easement may not be used by third parties without GRANTEE'S express
written consent. Said perpetual easement is to be freely and fully transferable by the GRANTEE
to its heirs, successors, assigns, agents and/or contractors without prior notice, written or
otherwise,to the GRANTOR.
No building or structure of any kind,nor any other utility or improvement,except such as
may be constructed or consented to by GRANTEE,shall be located or erected upon or within the
above described easement.
It is understood and agreed by the parties that the execution and delivery of this deed of
easement by the GRANTOR and its acceptance by the GRANTEE shall not obligate the
GRANTEE to construct a sewer line or permit connections to its sewer system.And,it is further
understood and agreed that failure of the GRANTEE 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 the GRANTEE 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 GRANTEE and its successors
and assigns forever,save and except the temporary construction easement will terminate
upon completion of the construction of the sanitary sewer and/or other utility line.
And GRANTOR covenants with the GRANTEE that GRANTOR is seized of the
premises in fee simple,has the right to convey the rights,privileges and easements which are
granted herein,that title is free and clear of all liens and encumbrances which may affect the said
rights,privileges and easements conveyed herein,and the said GRANTOR will warrant and
defend the title to said easement against the claims of all persons or parties whomsoever.
IN WITNESS WHEREOF, Orange County,North Carolina,GRANTOR,has caused
this instrument to be signed in its corporate name by its duly authorized official,all as of the day
and year first above written.
Orange County,North Carolina
By: ��...P �'I-`1&-A-
Name. ��N1
Title C01,X14 D G e
STATE OF NORTH CAROLINA
COUNTY OF ORJ4S GL'—
I, S . , 1 ,a Notary Public of the County and State
aforesaid,certify hat r j l� I r
fY _ •S' �' _�� >personally appeared before me
this day and acknowledged he/she is the authorized official of Orange County,North Carolina,
and that he/she signed the foregoing instrument on behalf of Orange County,North Carolina
for the purposes herein expressed.
Witness my hand and seal this a3� day of ,20_Z�p .
Nota Public
My commission expires: 1b -1b° 1�o2a ry
NDry SPubl�
Carol na
COtnmission
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