SW1210802_Recorded Document_20231107

BOOK 4021 PAGE 588 (4)
1000994709 I 11 I
This document presented and IIIGu.
03/13/2023 09:23:28 AM
•
WILLIAM LEE KING, Henderson COUNTY, NC
Transfer Tax:$0.00
PRIVATE DRAINAGE EASEMENT
•
PRIVATE STORMWATER MANAGEMENT EASEMENT
INSPECTION AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made this -6 day of 429u(a-& ,20 2.3 , by and
between WNC Specialties,LLC, a North Carolina limited liability company doing business
in Henderson County,North Carolina, (Grantor"), and THE STATE OF NORTH CAROLINA,
("State").
WITNESSETH:
that in consideration of the sum often dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,the Grantor does hereby grant and
convey to State a perpetual easement to inspect(and operate as necessary only as described herein)
a private stormwater conveyance system consisting of ditches, swales, channels, culverts, storm
drains,retention ponds, stormwater BMPs and other appurtenant facilities for the purpose of
depositing water within the boundary of the permanent easement as more particularly described
and indicated as
All that real property described in that deed recorded in deed book 3811 at page 595,and Plat Book
2021 at slide 13693 in the Henderson County Registry, accessed via a 50' private right of way
connecting to Highway 280 as shown at Plat Book 2021 at Slide 13693 across the property
described in that deed recoded in deed book 1644 at page 608.
over and upon any private stormwater management facilities, consisting of ponds, basins,
trenches,drywells,buffers,separators,shallow marshes,ditches,filters or other approved facilities
appurtenant to the Grantor's Real Property for the purpose of providing quantity or quality (or
both) stormwater management within the Easement.
AND the Grantor covenants and agrees with the State as follows:
First: All drainage improvements, all stormwater management facilities, all access drives and
appurtenant facilities which will be installed in the Easement shall remain the property of Grantor.
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Book 4021
Page 589
Second: At no time shall Grantor charge State for the use of the Easement or for the privilege of
exercising the rights granted under this agreement.
Third: State, its agents, and employees shall have the perpetual right of access over the Grantor's
Real Property as hereinabove described.
Fourth: State shall have such rights and privileges as may be reasonable,necessary or convenient
for the full enjoyment or use of the Easement.
Fifth: Grantor reserves the right to make use of the easement herein granted in a manner which is
not inconsistent with the rights herein conveyed, or which does not interfere with the use of the
Easement by State for the purposes of this agreement.Notwithstanding the preceding sentence,the
Grantor shall not erect any building,fence or other structure on the Easement without obtaining the
prior express written consent of State.
AND Grantor further covenants and agrees that it shall be responsible for and agrees to perform
the necessary maintenance to allow the proper and efficient flow of water through the system
within the Easement and to perform the necessary maintenance to allow access and proper
operation of the stormwater management facility within the Easement, all as may be required by
the State from time to time by its ordinances lawfully enacted, and as may be further required
pursuant to that a plan submitted to the State of North Carolina and reviewed without rejection by
persons designated by the State Attorney and subject to any conditions attached hereto as
Appendix A; PROVIDED that any such conditions shall supplement and not supersede the
requirements of State Ordinances except as may be expressly stated in the conditions, and further
PROVIDED and AGREED that the failure by the parties to attach any such conditions shall not
invalidate this agreement and easement.
Should Grantor fail to construct,repair or maintain the system or facility, or should the system
within the Easement become blocked so that the water will not flow in an efficient manner, or the
access become impassable or the stormwater management facility fail to function as designed,
Grantor shall make necessary repairs or maintenance to allow the proper and efficient flow of
water, or to allow access to the stormwater management facility or to allow the stormwater
management facility to function as designed. If, after reasonable notice by the State,the Grantor
shall fail to construct,repair,maintain or operate the facility within a reasonable period of time in
accordance with the approved design standards and with the law and all applicable rules and
regulations,the State may,but is not obligated to, enter onto the facility and perform all necessary
construction,repair,maintenance and operating work, and may assess the Grantor for the cost of
said work. The assessment shall be a lien against all property subject to and benefitted by the
systems and facilities described in this agreement. Such costs shall be assessed, levied, collected
and enforced as State real estate taxes are now, or may hereafter be, by law levied and collected,
and shall have the same priority rights, bear the same interest and penalties, constitute a lien upon
the Grantor's Real Property so assessed,be placed upon the Grantor's Real Property tax bill and in
every respect be treated the same as.State real estate taxes. Such costs shall also be personal
obligations of the owners of the Grantor's Real Property at the time the costs are incurred,and may
be collected accordingly.

Book 4021
Page 590
Grantor warrants that it is seized of the Grantor's Real Property subject to the Easement and has the
right to convey the Easement;that there are no encumbrances;that State shall have quiet
enjoyment; and that Grantor shall execute such further assurances as may be required.
This Agreement and the covenants contained herein shall run with the land and shall bind the
Grantor and the Grantor's heirs, executors, administrators, successors and assigns, and shall bind
all present and subsequent owners of the Grantor's Real Property or such part thereof as may be
burdened or affected by the Easement.
Lienholder joins herein for the purpose of subordinating to this easement any deeds of trust,
mortgages or other liens as to the Easement. The liens as to the remainder of the Grantor's Real
Property will not be affected. The parties, date of instrument, and recondition information for the
instrument being subordinated are as follows:
Lienholder Date of Recording Deed of Trust Book/Page
TO HAVE AND TO HOLD the said easement by the in favor of the State and its successors,
representatives and assigns to the extent of the easement herein provided.
IN TESTIMONY WHEREOF,the aforesaid parties have hereunto set their hand and seal the
day and year first written above.

Book 4021
Page 591
GRANTOR:
WNC Specialties,LLC
By: (SEAL)
J a Reed
Title: Chief Administrative Officer
State of NCO+) C'a(01 a
County of lel-Cncltroro
I, �k.,�, Ai , a Notary Public of County and State aforesaid,
certifythat e authorized to sign in accordance with
�tilrwu� �Q. C�►
N.C.G.S. § 57C-3-24 for WNC Specialties, LLC,personally appeared before me this day and
acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or
seal,this 94i1 day of /Mari{ , 20 23
My commission expires: 0 )3.2 1 10)G, Q•r 1>°0
Notary Public PUZ\'� )
'�i,°yRSON�G��`��.