HomeMy WebLinkAbout1999 Deed of Easement between Christopher Road Realty, Inc. and OC - Bradford Ridge Subdivision Prepared by: Wm. Griffin Graves, III
Return to: Grantee at: c/o Mr. Geoffrey E. Gledhill, 129 E. Tryon Street, Hillsborough,NC
27278
DEED OF EASEMENT
THIS DEED OF EASEMENT, made this the day of , 1999, by and
between CHRISTOPHER ROAD REALTY, INC., a North Carolina corporation, hereinafter
referred to as "Grantor"; and ORANGE COUNTY, hereinafter referred to as "Grantee";
WITNESSETH:
THAT WHEREAS, the Grantor is the owner of a parcel of land described as:
BEING ALL of Lots No. 1 through 22, BRADFORD RIDGE SUBDIVISION,
according to the plat and survey thereof, as recorded in Plat Book , at Page
,Orange County Registry,to which plat reference is hereby made for a more
particular description of same; and
WHEREAS, the Grantee is the owner of a parcel of land described as follows:
BEING ALL of that certain five (5) acre tract of land, entitled "5.000 ACRES
DEDICATED TO ORANGE COUNTY", according to the plat and survey of
BRADFORD RIDGE SUBDIVISION, as recorded in Plat Book , at Page
,Orange County Registry, and as described in Deed Book ,at Page
,Orange County Registry,to which instruments reference is hereby made for
a more particular description of same; and
WHEREAS, the Grantee desires a temporary non-exclusive access easement to its property
from Borland Road(SR 1126) so that the Orange County Environment and Resource Conservation
Department can have access to the Grantee's property as described above for the purpose of
monitoring such property and to clean up any storm damage to such property and the Grantor has
agreed to grant and convey such easement to the Grantee on the terms and conditions hereinafter set
forth.
NOW THEREFORE, to that end, the Grantor, for a valuable consideration, the receipt of
which is hereby acknowledged, has and by these presents does grant and convey unto the Grantee
a temporary non-exclusive right and easement for ingress, egress and regress for the limited purpose
of allowing the Orange County Environment and Resource Conservation Department access to the
Grantee's property as described above for the purpose of monitoring such property and to clean up
any storm damage to such property,which such easement shall run over and across the property of
Grantor from the southwestern corner of the Grantee's property(a common corner with Lot No. 12,
BRADFORD RIDGE SUBDIVISION) to Borland Road (SR 1126) and is more particularly
described as follows:
BEING those certain easements that run over and across(a)that thirty(30) foot wide strip
of land that runs across the southernmost boundary of Lot No. 12, BRADFORD RIDGE
SUBDIVISION entitled "30' TEMPORARY PRIVATE ACCESS EASEMENT", (b) that
sixty(60)foot wide strip of land that runs along the common property line of Lot No. 11 and
Lot No. 12, BRADFORD RIDGE SUBDIVISION to Bradford Ridge Road entitled "60'
PRIVATE INGRESS AND EGRESS EASEMENT"and (c) that sixty (60)foot wide strip
of land that runs to Borland Road (SR 1126) entitled `BRADFORD RIDGE ROAD (60'
PRIVATE R/W)",
which such easement is subject to the following conditions:
1. The easement shall never be for public use unless so dedicated by the Grantor in the
Grantor's sole discretion; and
2. The easement shall be automatically extinguished and shall be null and void upon the
date that the Grantee acquires other access to its property described hereinabove.
3. In accepting this easement, the Grantee, to the extent permitted by law and to the
extent of coverage available in policies of insurance maintained by Grantee, agrees to indemnify and
hold the Grantor,its successors and/or assigns, harmless and free from any personal and/or property
injuries, damages, claims or accidents that occur within the easement area during the usage of the
easement by the Grantee,its employees,licensees,guests,invitees and/or its independent contractors,
including without limitation reasonable attorneys'fees and costs, except for those injuries, damages,
claims or accidents that are caused by the Grantor, its successors and/or assigns.
TO HAVE AND TO HOLD the said right and easement to the Grantee. It is agreed that the
right and easement hereby granted is appurtenant to and runs with the land now owned by the
Grantee and referred to above.
This easement agreement shall be binding upon and inure to the benefit of the parties hereto,
their heirs, assigns, successors and legal and/or personal representatives.
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The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required
by context.
IN WITNESS WHEREOF,the Grantor has hereunto set its hand and seal, all on the day and
year first above written.
GRANTOR:
CHRISTOPHER ROAD REALTY, INC.
By: i DC✓r
President
ATTEST:
s Secretary
(CORPORATE SEAL)
GRANTEE:
ORANGE COUNTY
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STATE OF NORTH CAROLINA
COUNTY OF
I, the ndersigned, a Notary Public of the County and State aforesaid, certify that
A t personally came before me this day and acknowledged
that_he is Secretary of CHRISTOPHER ROAD REALTY, INC., a North Carolina
corporation,Grantor,and that by authority duly given and as the act of the corporation,the foregoing
Instrument was signed in its 4ame by its President, sealed with its corporate Seal and
attested by-�L as its Secretary.
WITNESS my hand and official stamp or seal, this the day of ,
2000.
................... ry blic
(NOTARIAL SEAL) NS "
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I,the undersigned, a Notary P lic of the County and State aforesaid,certify that Beverly A.
Blythe personally came before me this day and acknowledged that she is Clerk to the Board of
Commissioners for Orange County, Grantee, and that by authority duly given and as the act of said
County, the foregoing Instrument was signed in its name by the Chairman of said Board of
Commissioners and attested by her as Clerk to said Board of Commissioners and sealed with its
corporate Seal.
WITNESS my hand and official stamp or seal, this the c�U day o
2000. '
OFFICIAL SEAL
No PubMa-NoMh CtroIMo
ORANGE COUNTY y Nq&y Public
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My commission expires: 149 - DD
C:IWORK\Bradford Ridge-Orange County easementwpd
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