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Home My WebLink About2016-554 Planning - Gary L. Stadler and Stephanie C. Stadler - Temporary Easement Agreement PIN: 9870432502 NORTH CAROLINA ORANGE COUNTY Temporary Easement Agreement AGREEMENT THIS AGREEMENT is made and entered by and between Gary L. Stadler& Stephanie C. Stadler, hereinafter referred to as OWNER, and a body politic and corporate of Orange County,North Carolina,with its principal office at 200 South Cameron Street, Hillsborough,North Carolina,27278 referred to as ORANGE COUNTY. WITNE SSE TH: WHEREAS, ORANGE COUNTY proposes to construct a public sewage system for the use of citizens of Orange County, and for that purpose to construct, operate, and maintain lines of pipe and mains necessary for the proper transmission of sewage; and WHEREAS, temporary access to and use of OWNER's property is needed in order to construct, maintain, repair, or continue operation of ORANGE COUNTY's sewer collection system, OWNER'S real property being part of that real property conveyed to it by a deed recorded in Book 655,Page 582, Orange County Registry, and located in Chapel Hill Township, Orange County, North Carolina. NOW,THEREFORE, in consideration of the mutual benefits recited herein, and other good and valuable consideration, the receipt of all of which is hereby fully acknowledged,the parties have agreed and do hereby agree as follows: 1. ORANGE COUNTY, by and through its employees, agents, contractors, successors and assigns may enter OWNER'S said property, and thereupon may install any such temporary facilities as may be necessary to construct, maintain, repair, or continue operation of ORANGE COUNTY's sewer collection system, within the temporary easement where and as shown in Exhibit Plat attached. 2. ORANGE COUNTY will not remove trees within the temporary easement for the purpose of construction of these facilities unless the parties Page 1 of 4 otherwise agree. However, ORANGE COUNTY may excavate the area within the easement as necessary to install the temporary facilities. 3. Upon completion of the construction project involving replacement of the sewage system, ORANGE COUNTY will remove the temporary facilities 4. This agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Said easement is to be freely and fully transferable by the ORANGE COUNTY to its heirs,successors, assigns, agents and/or contractors without prior notice, written or otherwise,to the OWNER. AND IN CONSIDERATION OF the sum of One and No/]00($1.00)paid to State Employees' Credit Union,hereinafter referred to as LENDER, secured creditor as defined under Chapter 45, Article 4 of the North Carolina General Statutes, the receipt of which is hereby acknowledged,the said LENDER does hereby release the foregoing described sanitary sewer easement from the lien and operation of the deed of trust from Gary L. Stadler& Stephanie C. Stadler signed January l l,2002 and recorded in Book 2483,at Page 590, Registry of Orange County, and the said temporary construction easement herein above conveyed to ORANGE COUNTY shall henceforth be paramount to the lien and operation of the above mentioned deed of trust. This the Z3day of 1201 (o BY: Gary L. I'd BY: �^r�-,.�-� C Stephanie C. Stadler BY: c:.olj WS ORANGE COUNTY Name: Title: B St e Employees' Credit NiA N me: ftue, �i11 Q(flt� Title: SiAoe, VJ !" + Page 2 of 4 STATE OF NORTH CAROLINA COUNTY OF OW-A JOM I, *J124r.►F-"T C. a Notary Public of the County and State aforesaid,certify that Gary L. Stadler,personally appeared before me this day and acknowledge the due execution of the foregoing instrument for the purposes herein expressed. `j%111118111� , Witness my hand and seal this day of j l ANC , 20 <<O .`�� T C 'e"O"+ ,• 404% 2 Notary Public Z9 ZU� My commission expires: O S?O Z L) STATE OF NORTH CAROLINA COUNTY OF CJVA'**- (-� I, f:VrJEST C • LLB NE ,a Notary Public of the County and State aforesaid,certify that Stephanie C. Stadler,personally appeared before me this day and acknowledge the due execution of the foregoing instrument for the purposes herein expressed. Witness my hand and seal this day of �u'`�� , 20 I to C Notary Frublic My commission expires: V co 11111 Page 3 of 4 STATE OF NORTH CAROLINA COUNTY OF ORRN G G LI I, L b ,a Notary Public of the County and State aforesaid,certify that personally appeared before me this day and acknowledgedf'she is the authorized official of ORANGE COUNTY,and that Che he signed the foregoing instrument on behalf of ORANGE COUNTY for the purposes herein expressed. Witness my hand and seal this day of O pr , 20)(0 Notary Public My commission expires: )D-l b-Ab ab Donna S.Uoyd Notary Public AWnanw lCsrdMna M � STATE OF NORTH CAROLINA COUNTY OF W p V e- I, Gcan6H VJrighA ,a Notary Public of the County and State aforesaid,certify that :tjAnr-�e- \t4n11her _ ,personally appeared before me this day and acknowledged he/she is the authorized official of State Employees' Credit Union, and that he/she signed the foregoing instrument on behalf of State Employees' Credit Union for the purposes herein expressed. Witness my hand and seal this 'ZcZ day of M 20 1 U Notady Publi My commission expires: Noy W m�oTA��cy�► O V ON covN� Page 4 of 4 EXHIBIT A-SHEET 1 OF 1 NOTES: X40 1.THIS EXHIBIT IS FOR ILUISTRATNE PURPOSES ONLY.IT DOES NOT CON9 ME A DEDICATION OR CONVEYANCE OF EASEMENTS. 2.AREAS COMPUTED BY COORDINATE METHOD. 3.ALL DISTANCES SHOWN ON THIS PLAT ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE NOTED. 4.THE INFORMATION CONTAINED HEREON IS SUBJECT TO THE FINDINGS OF A COMPLETE AND ACCURATE "ION OF TOTE,AND TO THOSE EXCEPTIONS AND EASEMENTS OF RECORD,IF ANY,NOTED THEREON. 5.THE DATUM DESCRIBED AND COORDINATES SHOWN HEREON WERE ESTARISHED BY USING THE N.C.REAL. PUIREFOY TIME NETWORK.KNOWN PUBLISHED MONUMENTS WERE TIED TO VERIFY ACCURACY. T 6)THE PROJECT POINT OF LACAUUTION HAS A NORTHING OF 804,264.72'AN FASTNG OF 1,976,764.51'MOD 9yY AN ELEVATION OF 545.16'. THE PROJECT COMBINED FACTOR IS 0.999927563 SITE TRl _ fbMESi�� TALLYHO TRAIL-SR 2213 (50'PUBLIC R IV) EIP --- -------------------------_—R� VICINITY MAP 1 (NOT TO SCALE) °o N M Z EXISTING 30'OWASA 3 o SEWER EASEMENT z d DB 4869 PG 477 o w 0 PIN#9870432502 GARY L STADLER ®a STEPHANIE C STADLER z o DB 655 PG 582 PIN#9870339596 o PB 44 PG 79 EMILY WEST vl° NCGS ASHLEY DB 5119 G418 (NAD 832001) PB 44 G 79 (NC GRID COORDINATES) NORTHING = 803,939.71' FASTING = 1,983,104.62' ,J Lr` r TEMPORARY I L2 CONSTRUCTION EASEMENT 299+1-SO FT OR 0.007 ACRES _ -- -- _ RpU13Dl EIP L4 S89'54'15•W 366.43' EIS LRED (LOCA COORDINATES NORTHING = 803,324.76' EASTING = 1,973,911.88' PIN#9870324695 VAN HOUTEN GROUP LLC UN B N ANCE DB 5506 PG 206 L1 N00'35 52 29.83 L2 S89'40 44 10.00 L3 S00 26 36 29.75 L4 S89 5415 10.08 I :.��y0�•�pEESSIO,N9�.� LEGEND L-3946 ® CONTROL POINT 2 (� (� • COMPUTED POINT i �9 J�7��yo:• 0' 20' 40' EPO EXISTING IRON PIPE OR PIN �G SUR4 ESO D(IS LNG IRON STAKE YIS �� SCALE 1•=40 FEET ®$ EXISTING SEWER MANHOLE EXISTING PROPERTY LINE SURVEYED STATE OF NORTH CAROLINA,COUNTY OF ORANGE LINE COMPUTED FROM RECORDS I.JEFFERY S.MUNN,CERRFI'THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM —su+— SEWER EASEMENT AN ACTUAL SURVEY MADE UNDER MY SUPERVISION AND FROM RECORDED DOCUMENTS AS —TcE— TEMPORARY CDN$IRIKT1pN EASEMENT REFERENCED,THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN LINES: DB PG D®BOOK,PAGE THAT THE RATIO OF PRECISION AS CALCULATED IS 1:10.000+(THAT THIS EXHIBIT IS FOR ILLUSTRATIVE PURPOSES ONLY.THAT THIS SURVEY IS OF ANOTHER CATEGORY,SUCH AS PEI PO PLAT BOOK,PAGE THE RECOMBINATION OF EXISTING PARCELS,A COURT ORDERED SURVEY,OR OTHER EXCEIMM TO THE DEFINITION OF SUBDIVISION.WUFPSS MY ORIGINAL SIGNATURE, THIS D(FI(DIT IS NOT A CHRTIIED SURVEY MAD HAS NOT BEEN REGISTRATION NUMBER AND SEAL THIS 9TH DAY OF MARCH,2016. REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLWNCE WITH ANY APPLICABLE LAND DEVEOPMENNT REGULKI'INS.THE INTENT OF r — THIS D HBTT IS TO ILLUSTRATE THE LOCATION OF THE PROPOSED URLITY EASEMENT AS SHOWN. NN,PLS INC L-3946 ENGINEERING TEMPORARY CONSTRUCTION EASEMENT EXHIBIT PREPARED FOR C ORANGE WATER&SEWER AUTHORITY PROPERTY OF 3220 GLEN ROYAL RD.RALEIGH,NC 27617 GARY L STADLER&STEPHANIE C STADLER TEL(919)788-0224 FAX(919)788-0232 ORANGE COUNTY CHAPEL HILL TOWNSHIP NORTH CAROLINA CORPORATE LICENSE#P-0189 FEBRUARY 29,2016 SCALE 1'=4U FILE-31-GS