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HomeMy WebLinkAbout2016-675 Planning - Stormwater Control Structure Access and Maintenance Easement and Agreement Dllv - 05, Mann� Prepared by and Return to: Tom King,AICP,CZO, Senior Planner,Town of Hillsborough Planning Department,P.O.Box 429, Hillsborough,NC 27278 STATE OF NORTH CAROLINA STORMWATER CONTROL STRUCTURE ACCESS COUNTY OF ORANGE AND MAINTENANCE EASEMENT AND AGREEMENT PIN: 9865-81-6980 This STORMWATER CONTROL STRUCTURE ACCESS AND MAINTENANCE EASEMENT AND AGREEMENT ("Easement and Agreement"),made this day of ,2016,by Orange County,a North Carolina county,whose principal address is 200 South Cameron Street,P.O.Box 8181,Hillsborough,NC 27278 (hereafter"Grantor"),with,to,and for the benefit of the Town of Hillsborough,a municipal corporation of the State of North Carolina,whose address is 101 East Orange Street, P.O.Box 429,Hillsborough,North Carolina 27278(hereinafter"Grantee"or"Town"). WITNESSETH: THAT WHEREAS,Grantor is the owner in fee simple of certain real property,situated in Hillsborough Township,County of Orange,North Carolina and more particularly described as follows: All of the 13.92 acres identified as"`C' Remainder"on the plat and survey by Summit Consulting entitled"Final Plat—Recombination Survey-Property Surveyed for Town of Hillsborough" recorded in Plat Book 104,Page 194 of the Orange County Registry; it being the same land conveyed to the Grantor by deed recorded in Book 259,Page 862 and Book 887,Page 187 in the Office of the Register of Deeds for Orange County(hereafter referred to as"Property");and WHEREAS,the property is located within the planning jurisdiction of the Town of Hillsborough,and is subject to certain requirements set forth in the UDO(Unified Development Ordinance)of the Town,(hereafter"Hillsborough UDO"),as such may be amended from time to time;and WHEREAS,one of the conditions for development of the Property is the granting or dedication of a Stormwater Control Structure easement,which includes the implementation of certain stormwater practices such as,but not limited to,the construction, operation and maintenance of engineered stormwater control structure(s)as provided in the Hillsborough UDO;the dedication of an access easement for inspection and maintenance of the Stormwater Control Structure easement areas and engineered structures;and the assumption by Grantor of certain specified maintenance and repair responsibilities;and WHEREAS,this Easement and Agreement has been procured in accordance with the requirements of NCGS Section 143- 211 et. seq.and Section 6(Development Standards),Article 6.20(Stormwater Management)of the Hillsborough UDO. NOW,THEREFORE,for a valuable consideration,including the benefits Grantor may derive therefrom,the receipt of which is hereby acknowledged,Grantor has dedicated,bargained and conveyed and by these presents does hereby dedicate,bargain, sell, grant and convey unto the Grantee,its successors and assigns,a perpetual,and irrevocable right and easement in,on,over,under, Page 1 of 3 through and across the Property(1)for STORMWATER CONTROL STRUCTURE easements("hereafter SCS Easements")of the nature and character and to the extent hereinafter set forth,more particularly shown,described and identified as"New BMP Access and Maintenance Easement"as shown on the Exhibit dated October 5,2016 by CRA-AE entitled"Bioretention Cell Access and Maintenance Easement,"which is attached to and made a part of this document;upon which Grantor shall construct,maintain,repair and reconstruct stormwater control structure(s),including detention pond(s),pipes and water control structures,berms and dikes,and shall establish and maintain vegetative filters and groundcovers;and(2)an access and maintenance easement more particularly shown and described on the attached Exhibit herein referenced,for the purpose of permitting Town inspection and,if necessary,maintenance and repair of the SCS Easements and engineered structure(s)as more fully set forth herein and in the Hillsborough UDO. The terms,conditions,and restrictions of the Stormwater Control Structure Access and Maintenance Easement are: 1. Grantor represents and warrants that Grantor is financially responsible for construction,maintenance,repair and replacement of all stormwater control structures,appurtenances and vegetation,including the impoundment.Grantor agrees to perform the maintenance as outlined in the Operations and Maintenance Agreement recorded at Book 6204,Page 169 of the Orange County Registry and in consideration of the Certificate of Compliance with stormwater regulations received for Property. 2. If Grantor fails to comply with these requirements,or any other obligations imposed herein,in the Hillsborough UDO or Operations and Maintenance Agreement,the Town of Hillsborough may perform such work as Grantor is responsible for and recover the costs thereof from Grantor. 3. This Easement and Agreement gives the Grantee the following affirmative rights: Grantee,its officers,employees, and agents may enter Stormwater Control Structure and Access and Maintenance Easement whenever reasonably necessary for the purpose of inspecting same to determine compliance herewith,to maintain same and make repairs or replacements to the engineered stormwater control structure(s)and appurtenances and conditions as may be necessary or convenient thereto in the event Grantor defaults in its obligations and to recover from Grantor the cost thereof,and in addition to other rights and remedies available to it,to enforce by proceedings at law or in equity the rights,covenants,duties,and other obligations herein imposed. The Grantor shall in all other respects remain the fee owner of the Property and area subject to these easements,and may make all lawful uses of the Property not inconsistent with these easements. The Grantee does not waive or forfeit the right to take action to ensure compliance with the terms,conditions and purposes of this Easement and Agreement by a prior failure to act. The Grantor agrees that the terms,conditions and restrictions of this easement will be promptly recorded by Grantor in the Orange County Registry.The designation Grantor and Grantee shall include the parties,their heirs,successors and assigns. TO HAVE AND TO HOLD the aforesaid rights,privileges,and easements herein granted to the Grantee,its successors and assigns forever and the same Grantor does covenant and that Grantor is seized of said premises in fee and has the right to convey the same,that except as set forth below the same are free from encumbrances and that Grantor will warrant and defend the said title to the same against claims of all persons whosoever. The covenants agreed hereto and the conditions imposed herein shall be binding upon the Grantor and its agents,personal representatives,heirs and assigns and all other successors to Grantor in interest and shall continue as a servitude running in perpetuity with the above described land. IN WITNESS WHEREOF,the Grantor has caused this instrument to be signed in its name,the day and year first above written. Orange County,a North Carolina county By: Ea?T­McKee Chair,Orange County Board of Commissioners Page 2 of 3 STATE OF NORTH CARD.INA COUNTY OF Gt I, 2) WfV2 s , U�`j(� ,a Notary Public of the County and State aforesaid,certify that Earl McKee,Chair of the Orange County Board of Cortumssioners,personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and notarial seal,this theQE day of 1�. ,2016. 06nna S.� d Notary Public rc Alarnanoe North Card nina My 20 Ission My commission expires: 1 b-1� ,20,�D. Page 3 of 3