HomeMy WebLinkAboutOTHER-2026-045-Emergency Access Easement to Connect Lake Orange Road with Lake View Drive Attachment 2
This instrument prepared by and return to : Martha C . Bordogna, Office of the Orange County Attorney
Box 8181 , Hillsborough , NC 27278
STATE OF NORTH CAROLINA )
EMERGENCY ACCESS EASEMENT
ORANGE COUNTY )
THIS AGREEMENT made and entered into this the day of 2026 ,
by and between The Gill Living Trust u/a/d November 10 , 2020 , ("The Gill Living
Trust") , Grantor ; and ORANGE COUNTY, NORTH CAROLINA, a body politic and
political subdivision of the State of North Carolina, ( " County ") , Grantee .
WITNES SETH :
WHEREAS , The Gill Living Trust is the owner of the real property identified by
PIN 9857 - 54 - 6835 , located at 1397 Lake Orange Road, Cedar Grove, Orange County and
further described in Deed Book 6706 at Page 12654267 , Orange County Registry ; and
WHEREAS , Grantor wishes to grant to Grantee and Grantee wishes to accept from
Grantor an easement over and across certain portions of the Property for emergency access
as described herein .
NOW, THEREFORE, in consideration of _one dollar and other
good and valuable consideration, the receipt and sufficiency of which is acknowledged by
the parties , the Grantor hereby grants and conveys to the Grantee and its successors in
perpetuity an interest in and over the lands of the Grantor as more particularly described
hereinafter and do covenant and agree as follows :
1 . Grant of Easement :
A drive path that consists of a small portion of the front entrance drive , and then
extends to the west property line , totaling 3 , 497 square feet as shown on Exhibit A .
2 . Type of Easement :
The emergency access easements described above shall be non- exclusive . Grantee shall
construct and maintain a locked gate across the road currently located within the Easement .
Said road is currently comprised of gravel as of the date of this Easement but shall be
converted to a paved road . Grantee acknowledges and takes no issue with the current utility
lines located within the Easement . Grantor shall be permitted to run additional , buried
utilities within the Easement and shall hold Grantee harmless for any damages to those
utilities resulting from Grantee ' s usage of the easement .
3 . Maintenance :
The Grantee and their successors in interest or assigns shall be responsible for all
maintenance of the easement area and shall maintain the area in acceptable condition for
ingress and egress of emergency vehicles and satisfy applicable regulations .
To prevent pedestrians , cyclists , or other traffic from accessing the Easement, there shall
be no gaps between the gate , posts , or fencing at any point .
There shall always be a lock on the gate and remains locked except for when being used
for emergency or maintenance purposes .
4 . Indemnification .
To the extent allowable by North Carolina law , the parties do hereby agree to hold harmless
the other party , its successors and assigns from any claim of liability or otherwise arising
out of their use or use of the easements by their respective employees , agent, customers ,
guests or invitees .
5 . Remedies :
In addition to all other remedies allowed by law , the parties , their successors in interest and
assigns , shall have the right to seek injunctive relief for the enforcement of the terms and
conditions of this agreement .
6 . Binding Effect on Successor Interest :
The terms , conditions and provisions of this agreement shall extend to , be binding
upon and inure to the benefit of the heirs , personal representatives , successors in interest
and assigns of the parties .
Grantor covenants that they are vested of the premises in fee and have the right to
convey the same in fee simple ; that the same are free from encumbrances except as
hereinafter stated, and that the Grantor will warrant and defend title to the same against the
claims of all persons whomsoever .
There is reserved to the parties , successors in interest and assigns , the right and
privilege to use their property at any time , in any manner for any purpose, including for
emergency and maintenance purposes not inconsistent with the full use and enjoyment by
the grantee and its successors in interest and assigns , of the rights and privileges herein
granted .
TO HAVE AND TO HOLD the aforesaid easement over, upon and through the
above described properties , with all the rights , privileges and appurtenance thereto
belonging or in anywise appertaining the grantee , its successors in interest and assigns in
perpetuity .
IN WITNESS WHEREFORE the parties have executed this instrument on day of
2026 .
ORANGE COUNTY GRANTOR
By :
an Hamilton, Chair, Karminder Singh Gill
Orange County Board of Commissioners Co-Trustee of The Gill Living Trust
u/a/d November 10 , 2020
4ATEST , Rupinder Kaur Gill
Co-Trustee of The Gill Living Trust
u/a/d November I0 , 2020
Laura J ens e Jerk to the Board
Orange Co Board of Commissioners
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52
STATE OF NORTH CAROLINA
�r COUNTY
I , 94 Lam a Notary Public of
County , No Carolina, certi that Laura Jensen personally came befog me this day and
acknowledged that she is Clerk to the Board of Commissioners for Orange County , North
Carolina and that by authority duly given and as the act of said County , the foregoing
instrument was signed in its name by the Chair of said Board of Commissioners and
attested by her as Clerk to said Board of Commissioners .
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Witness my hand and official stamp or seal this the day of
20266
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�'Aotary Public
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Insert Notary Acknowledgment for Gills