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HomeMy WebLinkAboutEasement from Orange County to Duke Energy Carolinas, LLC EASEMENT Prepared By: T Craver Return To: Duke Energy Carolinas NORTH CAROLINA 2500 Fairfax Rd ORANGE COUNTY Greensboro,NC 27407 THIS EASEMENT("Easement") is made this { / ' day of Febru C r1 , 20 j ("Effective Date"),from ORANGE COUNTY, NORTH CAROLINA, ("GRANTOR,"whether one dr more), to Duke Energy Carolinas, LLC, a North Carolina limited liability company("DEC"); its successors, licensees, and assigns. WITNESSETH: THAT GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00), the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto DEC, its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, the perpetual right, privilege, and easement to go in and upon the land of GRANTOR situated in Hillsborough Township, described as follows: PINs 9865833029 and 9865735223, being "Recombined Tract "A"" and "Revised Recombined Area "D"" as shown on the plat entitled "Final Plat Recombination Survey Property Surveyed for Orange County", as recorded in Plat Book 108, Page 157, Orange County Registry, (the "Property"), LESS AND EXCEPT any prior out-conveyances, and to construct, reconstruct, operate, patrol, maintain, inspect, repair, replace, relocate, add to, modify and remove electric and/or communication facilities thereon including but not limited to supporting structures such as poles, cables, wires, guy wires, anchors, underground conduits, enclosures/transformers,vaults and manholes, and other appurtenant apparatus and equipment(the"Facilities")within an easement area being thirty (30) feet wide for the overhead portion of said facilities and twenty (20) feet wide for the underground portion of said facilities together with an area ten (10) feet wide on all sides of the foundation of any DEC enclosure/transformer, vault or manhole (the "Easement Area"), for the purpose of transmitting and distributing electrical energy and for communication purposes of DEC and Incumbent Local Exchange Carriers. The centerline of the Facilities shall be the center line of the Easement Area. The right, privilege and easement shall include the following rights granted to DEC: (a) ingress and egress over the Easement Area and over adjoining portions of the Property(using lanes, driveways and paved areas where practical as determined by DEC); (b)to relocate the Facilities and Easement Area on the Property to conform to any future highway or street relocation, widening or improvement; (c) to trim and keep clear from the Easement Area now or at any time in the future, trees, limbs, undergrowth, structures or other obstructions, and to trim or clear dead, diseased, weak or leaning trees or limbs outside of the Easement Area which, in the opinion of DEC, might interfere with or fall upon the Facilities; (d) to install guy wires and anchors extending beyond the limits of the Easement Area; and (e) all other rights and privileges reasonably necessary or convenient for DEC's safe, reliable and efficient installation, operation, and maintenance of the Facilities and for the enjoyment and use of the Easement Area for the purposes described herein. TO HAVE AND TO HOLD said rights, privilege, and easement unto DEC, its successors, licensees, and assigns, forever, and GRANTOR, for itself, its heirs, executors, administrators, successors, and assigns, covenants to and with DEC that GRANTOR is the lawful owner of the Property and the Easement Area in fee and has the right to convey said rights and Easement. IN WITNESS WHEREOF, this EASEMENT has been executed by GRANTOR and is effective as of the Effective Date herein. ORANGE COUNT By: �� f Mark orb f/`\ , , Chair Board of Commissioners eogE* rro ATTEST: 't+, Y It it, Zr tiv �. a �'� Clerk ts+.: NORTH CAROLINA, OR/9/0&t7--: COUNTY I, 1� OnriCk 5 , l Ibd n , a Notary Public of )9 I ek/ivzA '--- County, North Carolina, certify that Tonnsk 5 . n c k e r personally appeared before me this day and acknowledged that he(she) is Clerk of ORANGE COUNTY, and that by authority duly given and as the act of said COUNTY, the foregoing EASEMENT was signed in its name by its Chairman, sealed with its official seal, and attested by her self as its Clerk. L Witness my hand and notarial seal, this 1�i'" day of 1)11 Ort , 20 r% . i I Donna S.Uoyd d 4 > at ' � 4... 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