38-13 Cape Fear Public Utility Authority Deeds

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ICM t YOM
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DMSION
COUNTY OF NEW HANOVER FILE NO.:
CAPE FEAR PUBLIC UTILITY )
AUTHORITY, )
Plaintiff )
V. )
JACK HUDSON McPHAIL, BARBARA )
CONE MCPHAR , MARIE FALES )
RAPER, ROBERT EARL RAPER, SR., )
DORIS FALES BOWDEN, ELBERT )
BOWDEN, DENISE FALES PAYNE, )
and PAUL A. PAYNE, )
Defendants )
TAKE NOTICE:
MEMORANDUM OF ACTION
I. That on the 56 day of January, 2011. Plaintiff, Cape Fear Public Utility
Authority, pursuant to the provisions of Chapter 40A of the North Carolina General Statutes,
instituted the above -captioned civil action in the Superior Court of New Hanover County to
acquire by condemnation the real property interest hereinafter described.
2. That the above -named Defendants are the persons the Plaintiff is informed
and believes may have or claim to have an interest in the property.
3. The following matters are set forth in Exhibit A attached hereto andpaalle'
tp1log q y
a part hereof. e......... <qy
a. A description of the entire tract of land effected byTWgl �� ,F •� L
b. A statement of the property taken for public uapA. ; ; ��.,-� ,•t>: ;atr.
RMRNmTO
[�JI�lf���L�(WW�n yy�q� C,ry1
RECEIVED
JAN 16 2013
D M-MHD CITY

C. A description of the area taken.
This the 5 day of January, 2012.
Ryal W. ayloe
N C State Bar I.D. No.: 010549
For the firm of
Ward and Smith, P.A.
University Corporate Center
127 Racine Drive
Post Office Box 7068
Wilmington, NC 29406-7068
Telephone: [phone]
Facsimile. [phone]
Attorneys for Plaintiff
The foregoing is certified to be a true copy of this document filed on the date indicated with the
CIerk of Superior Court, New Hanover County, North Carolina,
090299-00060
ND 4817-2573-0830, v I
By: e Az&;j, Ay m
Asssistan6PepuEy6Clerk of Superior Court,
New Hanover County
RECEIVED
JAN 16 2013
DC-M•b*!qD CITY
D r, 19 2,J'2

EXHIBIT A
1. DESCRIPTION OF ENTIRE TRACT OR TRACTS AFFECTED BY TAKING:
That tract or parcel of land located in New Hanover County, North Carolina known as
8006 Masonboro Sound Road (Tax Parcel No. R07200-002-006-000) that was owned by Clara
Hudson Fates at the time of her death on May 25, 1990 and devised to her three children,
Defendants Jack Hudson McPhail, Mane Fates Raper and Doris Fates Bowden by Will probated
in New Hanover County Estate File 90-E-411. Such Will also provided that should her children
"sell or dispose of all or any part of my real estate located either on Masonboro Beach or on
Masonboro Sound in New Hanover County or should either of said tracts be the subject of
subdivision into lots for sale or partition in kind between my three children or should either of
said tracts be used in such a manner as to produce a net income, then I direct that the interest of
my said three children in such tract so sold, partitioned or subdivided for sale be charged with an
owelty or obligation in an amount equivalent to one-fourth of the total value of said tract so sold,
subdivided, or partitioned in kind, or to one-fourth of the net income produced by the use of such
tract of land, said owelty or charge be in favor of my granddaughter [Defendant] Denise Fates
Payne."
2 STATEMENT OF THE PROPERTY TAKEN:
CFPUA shall take a portion of such land as described in Paragraph 3 below, to have and
to hold said property as a perpetual, permanent easement, together with temporary construction
easements, all as described in Paragraph 3 below
JAN 16 2013
3 DESCRIPTION OF AREA TAKEN.
"`NA A+
A permanent utility easement at the intersection of Masonboro 3otiri� and
Cabbage Inlet Lane containing approximately 921 square feet, a temporary construction
easement along the north edge of Cabbage Inlet Lane containing approximately 17,343 square
feet, a permanent utility easement located on the south side of Benton Avenue containing
approximately 1,792 square feet, a temporary construction easement located on the south side of

Benton Avenue containing approximately 2,169 square feet, and a permanent utility easement
between the northern terminus of Oyster Bay Lane and the southern edge of Benton Avenue
containing approximately 7,471 square feet, and being Permanent Utility Easement 1, Permanent
Utility Easement 2, Permanent Utility Easement 3, Temporary Construction Easement 1, and
Temporary Construction Easement 2 as shown on that map entitled "Condemnation Exhibit"
dated September 30, 2011, attached hereto as Exhibit "A-t" and incorporated herein by
reference. Those areas shown on said map designated as Temporary Construction Easement One
and Temporary Construction Easement Two shall be temporary in duration and shall expire upon
completion of construction of the project and final approval of same by CFPUA. Plaintiff
reserves the right to substitute the map attached as Exhibit "A-1" with a complete and accurate
survey of the easement areas.
RECEIVED
f
JAN 1 6 2013
DCM MAD MY
RECEIV )
DEC 19 2012
DCM WILM!NGiON, WC

oeo<
PERMANENT
er UTILITY
MENT3
-ynq- 92it 8Q. FT. TEMPORARY
CONSTRUCTION \
1T,4342 SO FT
NIF Clan H Fala Hale\
\i/v�/ �411,696> sa FT. ` 1
,�4\ \ /
/ / \ /
P
1/ I f PERMANENT
UTILITY
EASEMENT \
1 ,792t 60 FT. ^
GENERAL NOTES:
1. THIS MAP IS NOT A CERTIFIED SURVEY AND HAS TEMPORARY
NOT BEEN REVIEWED BY A LOCAL SEA EMY \\�
GOVERNMENT AGENCY FOR COMPLIANCE WITH 2,180t So FT
ANY APPLICABLE LAND DEVELOPMENT
\ ` ;tAEIVE!
REGULATIONS. � �1 PERMANEI� �\
2. THIS MAP 18 AN EXHIBIT FOR ILLUSTRATIVE UTILITY \
PURPOSES ONLY. IT IS NOT INTENDED FOR USE �P ��� \
IN CONVEYANCE. �Q %l
3. PROPERTY BOUNDARIES SHOWN PER NEW
HANOVER COUNTY GIB TAX MAP. °!�/ I
4. NO TITLE SEARCH PERFORMED.
\ ��
Masonboro Sound Annexation Aroa 198
Condemnation Exhibit
tl1MM�Y
MAT
CAPE FEAR PUBLIC UTILITY AUTHORITY
286 GOVERNMENT CENTER DRIVE
WILMINGTON. NC 28403
OFFICE:(910)3324560
NVpoeaumnuvAolat+W.aduoo,.ro ibMWaiEvo vum,fa Cady B41ftd SgrA G113AN"All cxhibi+ y�

JENNIFER H MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
HfHHfffHf Hf1H11ff HHflfffffNflHfNMllNflf.fHfH1N.NHf HffHH.HHffNHf HtNff HfHf HNfHf Hfff H11.1
Filed For Registration:
Book:
Document No.:
Recorder.
01/05/2012 04:20:06 PM
RE S80g Page: 2288-2303
2012000384
6 PGS $26.00
CARTER,CAROLYN
State of North Carolina, County of New Hanover
RECEWED
JAN 16 2013
DCM-MAD CITY
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2012000384*
2012000384

� IIII�IBIIIIIIIIIIIiIIIIIiIIIIIII�IIIII�II�IIINiIIN110
2012030808
FOR REGI 5TRRTION REGISTER OF DEEDS
NEWNHPNOVER CFERMWMry 1614
C
BK 567702PC 1925- 930a-40 FEj:$26.00
INSiRKNI 120120908
RETtiPWO
INSTRUMENT PREPARED BY: Cape Fear Public Utility Authority. 235 Govemmum Center Drive, Wilmington. NC 28403 910-799-ufM4
Tax Parcel No. R07210-004-001-000
R07210-004-012-000
R07206-013-001.000
STATE OF NORTH CAROLINA
GENERAL UTILITY EASEMENT
COUNTY OF NEW HANOVER
THIS DEED OF EASEMENT, executed this the —!r— day of .bP
2012, by and between, The Oyster Bay Homeowners Association, Inc., a North Carolina
nonprofit corporation, of 207 Cabbage Inlet Lane, Wilmington, County of New Hanover, State
of North Carolina (hereinafter referred to as "GRANTOR") and the Cape Fear Public Utility
Authority, a Authority organized and existing under the laws of the State of North Carolina,
whose address is 235 Government Center Drive, Wilmington North Carolina 28403 (hereinafter
referred to as "GRANTEE");
W ITNESSETH:
For and in consideration of the sum of One Dollar ($1.00) and other valuable
consideration paid by the GRANTEE to the GRANTOR, receipt of which is hereby
acknowledged, the GRANTOR has bargained, sold and conveyed and by these presents does
hereby grant, bargain, sell and convey unto the GRANTEE, its successors and assigns, the right,
privilege and non-exclusive perpetual right-of-way and easement over through, under and upon
the lands and premises hereinafter described for the purpose of constructing, installing,
inspecting, maintaining, repairing, removing, extending, improving, replacing, building and/or
operation certain underground public sanitary sewer lines, pipes, valves and related
appurtenances ("the facilities"), said premises being a certain parcel or tract of land located in
New Hanover County, North Carolina, and more particularly described as follows:
All of the streets or rights -of -way identified as "Cabbage Inlet Lane (Private
Road), Mullington Lane (Private Road) and Oyster Bay Lane (Private Road" as
the same appear on the map of Oyster Bay, duly recorded in Map Book 19 at
RECEIVED
JAN 16 20131
DCM-MHD CITY

Page 86 of the New Hanover County Registry, which descriptions are
incorporated herein by reference.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its
successor and assigns, forever, subject however to rights of ingress and egress reserved and
granted to others by virtue of those deeds recorded in Deed Book 1154 at Page 377, Deed Book
1168 at Page 1456 and Deed Book 1171 at Page 523 of the New Hanover County Registry. The
right-of-way and easement hereby granted is appurtenant to and tuns with the land now owned
by the GRANTOR.
The GRANTOR reserves the right to grant easements to other parties within the easement
areas as shown on said plat so long as such easements do not interfere with the GRANTEE's use
of the easement areas and the rights granted herein.
The facilities to be placed, under and across said rigbt-of-way and easement shall become
and remain the property of the GRANTEE. The GRANTEE shall have the right to construct,
install, inspect, maintain, repair, remove, extend, improve, replace, build and/or operate these or
new sanitary sewer collection facilities and to make such changes and additions to such sanitary
sewer collection facilities upon the easement and right-of-way as the GRANTEE may deem
advisable, provided that all facilities installed by the GRANTEE within the easement herein
granted shall be underground or at the grade of the surface of the ground.
For the purpose of constructing the above -described facilities within the right-of-way of
Cabbage Inlet Lane, Mullington Lane and Oyster Bay Lane, the GRANTEE agrees that it will
install the sanitary sewer line improvements by bore and jack and open cut excavation methods,
pursuant to plan specifications for the construction operation reflected on Sheet No. A-7, entitled
Masonboro Sound Road Water and Sewer, Plan and Profile, Oyster Bay Lane, Sta. 0+00 — 13+00
and on Sheet No. A-13, entitled Masonboro Sound Road Water and Sewer, Plan and Profile,
Mullington Lane, Sta. 0 + 00 — 8+01, both of which are incorporated herein by reference. At
those locations depicted thereon, which indicate jack and bore as the construction method, the
sanitary sewer line shall be installed at a minimum depth of ten (10) feet below the surface of the
ground. It shall be understood and agreed that should there be a need to maintain or repair the
sanitary sewer line segments installed by the bore and jack method at the locations specified
hereinabove, due to a break in the line or other serious damage to the line and said maintenance
or repair activities cannot be accomplished except by open cut excavation, then the GRANTEE
shall have the right to remove any trees or other vegetation in order to make the required repairs
by utilizing open cut excavation to access its facilities and to maintain or repair any such
problem. It shall be understood and agreed that any trees removed for purpose of construction of
the sanitary sewer facilities within the dimensions of the open cut excavation segments reflected
on the specifications referred to hereinabove will not be replaced at their current location, but
will be replaced by the GRANTEE at a location elsewhere within the easement corridor, far
enough removed from within twenty (20) feet on either side of the centerline of the sanitary
sewer line, with the largest commercially available specimen of the same species, not requiring
special order, equipment or labor-intensive activities to effect installation thereof. Any site
improvements, consisting of security gates, fencing, signage, irrigation systems, electrical
lighting systems, gravel, marl, curbing, asphalt paving, storm drainage improvements or ground
rJRECEMD
AN 16 2013 2
DM-MHD crrr

cover, that are removed as a result of construction, maintenance or repair, shall be replaced or
repaired by the GRANTEE at its expense at their respective location at the time that such
maintenance or repair is commenced. Any shrubbery that is removed during such open cut
excavation shall be excavated prior to such maintenance or repair activities and reinstalled at a
location sufficiently removed from the facilities, so as not to adversely affect the facilities or
access to the facilities for subsequent repairs or maintenance. If, for any reason, such items
cannot be excavated and replaced, then they shall be replaced by the GRANTEE, at its expense,
with the largest commercially available specimen of the same species, not requiring special
ordering, equipment or labor-intensive activities to effect installation thereof. Any matured trees
removed during the initial construction activities of the GRANTEE shall be replaced by the
GRANTEE, at its expense, outside the boundaries of a dimension twenty (20) feet on either side
of the centerline of the sanitary sewer line installed by the GRANTEE with the largest
commercially available specimen of the same species, not requiring special ordering, equipment
or labor-intensive activities to effect installation thereof. In lieu of the aforementioned curative
and mitigating measures relating to items of vegetation displaced by the construction activities of
the GRANTEE, GRANTOR and GRANTEE may agree upon alternative curative landscaping
measures which will provide a vegetative buffer, at maturity, that mitigates the impact of
clearing activities of the GRANTEE, however the same limitations relating to the use of special
ordering, equipment and labor intensity shall equally apply to the selection of materials for such
alternative curative landscaping measures. The GRANTEE shall be liable for any consequential
damages directly resulting from its exercise of the rights set forth herein, upon said easement.
Any and all construction activities and/or repair or maintenance activities upon the
premises conducted by GRANTEE shall be conducted in a manner so as not to interfere with or
impede the ongoing activities being conducted on the premises, by GRANTOR, its successors or
assigns or lessees. However, the GRANTEE acknowledges that existing conditions within the
boundaries of the easement herein conveyed in conjunction with the depth at which the facilities
must be installed within said easement by the GRANTEE, make it unavoidable that a limited
number of properties, accessible over the easement herein conveyed, will require the GRANTEE
to insure that access to such properties is provided for owners, their guests and others for whom
access is necessary for special or usual and customary services, relating to but not limited to,
maintenance, housecleaning, postal and other deliveries, solid waste disposal, public safety and
subdivision amenities. The GRANTEE shall include specifications that incorporate the
foregoing objective into the scope of services for which the contract shall be binding.
The GRANTEE shall at all times have the right to keep the area of the perpetual
easement and right-of-way clear of all buildings or structures, trees, shrubs, bushes, stumps,
roots, undergrowth, or other vegetation as will in its reasonable judgment interfere with the
purpose of the Easement. The GRANTOR expressly promises and agrees not to construct or
allow to be constructed any building, structure or other improvement, and further promises not to
plant or allow to be planted any trees or to otherwise permit encroachment or interference with
the GRANTEE'S rights hereunder except as provided herein. It is expressly understood and
agreed, however, that the GRANTOR, its successors and assigns, shall retain the right to
cultivate the ground lying within the boundaries of the right-of-way and use said easement for
any other lawful purpose including the installation of curbing, gutters, asphalt and concrete
pavement, signage and underground electrical for lighting, which would not adversely impact
& RECEIVED
JAN 16 2013 3
DCM-MHD CITY

upon the improvements installed by the GRANTEE, provided, however, that such cultivation or
use shall not be inconsistent with the rights herein granted to the GRANTEE, and GRANTEE
shall not be liable for any damages or loss due to the exercise of its rights hereunder within its
easement and right-of-way except those arising out of the gross negligence of the GRANTEE.
By acceptance of this Deed of Easement, the GRANTEE agrees that it will restore the
surface of the land to its approximate level by clean fill or grading in the course of construction
or maintenance of the aforesaid facilities so long as the same are not inconsistent with the do not
interfere with the rights herein granted to the GRANTEE. The GRANTEE agrees to restore, to
its prior condition, any curbing, guttering or pavement and other approved site improvements, for
which rights to encroach within said easement area are reserved herein, that are affected by
GRANTEE's construction and maintenance activities. The construction or maintenance area
shall he seeded or resodded by the GRANTEE, and the GRANTEE shall be responsible for
landscaping or otherwise improving the area with plant material, equal to those present prior to
any subsequent maintenance of its facilities, as specified herein and within the limitation set
forth herein. The location of such plant materials shall be such that the growth thereof shall not,
over time, adversely affect the GRANTEE's facilities within the boundaries of the easement
herein conveyed. It is understood and agreed that the execution and delivery of this deed by the
GRANTOR and its acceptance by the GRANTEE shall not obligate the GRANTEE to construct
any main, line, pipe, lateral or other extension or permit any connection to its water, sanitary
sewer, storm sewer, drainage or other public utilities system without payment of the appropriate
connection fees.
The GRANTOR, its successors, assigns or lessees shall have the right to tap onto any
sanitary sewer line installed under the surface of the easement granted herein, and obtain
wastewater disposal service therefrom, upon payment of such tap fees, and other charges as may
be imposed by GRANTEE, subject to such relations as GRANTEE may from time to time enact
regarding connections to its wastewater disposal system.
Said GRANTOR covenants and warrants that it is lawfully seized and possessed of the
property described above; and that it has good right and lawful authority to convey said easement
for the purposes herein expressed; and that GRANTOR for its successors and assigns, covenants
that it will warrant and defend said easement against and all claims and demands whatsoever,
except for encumbrances of record.
Use of the masculine gender herein includes the feminine and neuter, and the singular
number used herein shall equally include the plural.
IN WITNESS WHEROF, the GRANTOR has hereunto set its hand and seal, the day and
year first above written.
rJA
RECEIVEDN 1 6 2013
a
DCM-MHD CITY

GRANTOR:
The Oyster Bay Homeowners Association, Inc.
A North Carolina Nonprofit Corporation
By:
President"" )
r�i %%I arwi I �N r/c hu rT
ATTEST
Secretary rri C ���i C'�' [Corporate Seal]
7
APPROVED AS TO FORM: E— seq
C7
i
Cape Fear Public Utility Authority Attorney
STATE OF NORTH CAROLINA
COUNTY OF 4aP70 v er
I cyr��—hrt2 i�e�� a Notary Public, certify that
qx r�� Bro A waj personally came before me this day and
acknowledged that he (she) is Secretary of The Oyster Bay Homeowners Association Inc., a
North Carolina nonprofit corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its hyA, President, sealed with
its corporate seal, and attested by himself (herself ) as its Secretary
ess my hand and
itn
Lat,v— ,2012.
My Commission Expires:
official seal, this the day of
C�-L--L D , 0 j
Notary Public
RECEIVED
rj AN 16 2013
5
DCM-MHD CITY
`psG�P�STIN6 Q
rtZ NOTgq` r
S9 AVBLIG 2
�''�.. oe"

/t1t;IY.
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
...tttttttit.N tttflttttt}tt..Httttttttttttttttttttttttt.ttttttt.,ttttttttltt......ttttft... t tttttttttttttttttttt�l�
Filed For Registration: 09110/2012 03:04:40 PM
Book: RE 5670 Page: 1925-1930
Document No.: 2012030808
6 PGS $26.00
Recorder: CARTER, CAROLYN
State of North Carolina, County of New Hanover
RECEIVED
JAN 16 2013
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. f
DCM-WiD CITY
*2012030808*
2012030808

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
INSTRUMENT PREPARED BY:
a0
gjAMP�: $ 23,
2003004963
11111111
i0R RE4I6iPP110N PE615t. V MM
REBECGa t 4W, IPN
z N:WOVER C.... NC
20�3 dPN 30 03 04 66 PM
BK.362 REV 9-U3 S23 O6 00
GENERAL UTILITY EASEMENT
MAP ID 314519516578000
PARCEL PID R07200005019000
PROJECT TRACT SEQUENCE 1120
Thomas C. Pollard
City Attorney
Post Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
THIS DEED OF EASEMENT, executed this the J� day of ham
20_QL, by and between John Kirkham, as Trustee of the ohn Kir
Living Trust, whose address is tol Cabbage Inlet Lane, Wilmington, NC
28409, (hereinafter referred to as "GRANTOR") and the City of
Wilmington, a municipal corporation organized and existing under the
laws of the State of North Carolina, whose poet Office address is Poet
Office Box 1810, Wilmington, North Carolina 28402 (hereinafter
referred to as ^GRANTEE^1
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and promisee hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public water lines, sewer lines and related
appurtenances, said premises being a certain parcel or tract of land
located in New Hanover County, North Carolina, and more particularly
described as follows:
Parcel 2205, containing 389 SQ. FT., as the same appears on
Sheet 6 of 6 of maps entitled " Masonboro Water and Sewer
Basements and Lift Station Parcels", duly recorded in Map
Book 42 at Pages 364 through 370 of the New Hanover County
Registry, to which reference is made for a more complete
description of easement interest herein conveyed.
The above -described is a portion of the property conveyed to
GRANTOR by deed recorded in Book 2875 Page 134 of New Hanover County
Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE,
its successors and assigns, forever. This right-of-way and easement
hereby granted is appurtenant to and rune with the land now owned by
the GRANTOR. It is undereto pndp"afa� however, that the duration
of any temporary constructiI aeemant 6"nveyed herein, shall extend
for the period during which c struction and inspection of the initial
1120 1 JAN 16 2013
e T=ftCUnes.auscx
DCM-MAD CITY

facilities to be installed by the GRANTEE are underway, and that from
and after the GRANTEE's acceptance of the initial facilities for
operation, said temporary construction easement shall expire and be of
no further effect.
The GRANTOR reserves the right to grant easements to other
parties within the easement areas as shown on said plat so long as
such easements do not interfere with the GRANTEE's use of the easement
areas and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across amid right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend,
improve, replace, build and/or operate these or new facilities and to
make such changes and additions to such facilities upon the easement
and right-of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or
other vegetation as will in its judgment interfere with the purposes
of this Easement. The GRANTOR expressly promisee and agrees not to
construct or allow to be constructed any building, structure or other
improvement, and further promisee not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation that have
root systems, which over a period of time, will grow to a state which
poses a threat of damaging the facilities installed by the GRANTEE or
which unreasonably impair the GRANTEE's access to its facilities, or
to otherwise permit encroachment or interference with the GRANTEE'S
rights hereunder except as provided herein. It is expressly
understood and agreed, however, that the GRANTOR, its heirs,
successors and assigns, shall retain the right to cultivate the ground
lying within the boundaries of the right-of-way and use said easement
for any other lawful purpose provided, however, that such cultivation
or use shall not be inconsistent with the rights herein granted to the
GRANTEE, and GRANTEE shall not be liable for any damages or lose due
to the exercise of its rights hereunder within its easement and right-
of-way except those arising out of the gross negligence of the
GRANTEE. It is understood and agreed that the GRANTOR, its successors
or assigns, shall comply with applicable policies of the GRANTEE with
regard to any new encroachments within the boundaries of the easement
herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or otherwise
using the above -described facilities, the GRANTEE shall have the right
of ingress to and egress from the easement and right-of-way over such
private roads, alleys, ways or paths (hereinafter collectively
referred to as "private roads") as may now or hereafter exist on the
property of the GRANTOR. Any damages resulting to such private roads
from the use by the GRANTEE shall be repaired by the GRANTEE at its
expense. The right, however, is reserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon such
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTEE
shall have such right of ingress and egress over the GRANTOR'S
property adjacent to the easement and right-of-way in such manner as
shall occasion the least practicable damages and inconvenience to the
GRANTOR. The GRANTEE shall be liable for any consequential damages
directly resulting from its exercise of the right of ingress and
agrees over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that
it will restore the surfage of the land to its approximate level prior
1120 2
JAN 16 2013
DCM-MEID CITY

to construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded by the GRANTEE, but
the GRANTEE shall not be responsible for landscaping or otherwise
improving the easement area. It is understood and agreed that the
execution and delivery of this deed by the GRANTOR and its acceptance
by the GRANTEE shall not obligate the GRANTEE to construct or maintain
any main, line, pipe, lateral or other extension or permit any
connection to its water, sanitary sewer, Storm sewer, drainage or
other public utilities system without payment of the appropriate
connection fees.
Said GRANTOR covenants and warrants that it is lawfully seized
and possessed of the property described shovel and that it has good
right and lawful authority to convey said easement for the purposes
herein expressedi and that GRANTOR for its heirs, successors,
executors, administrators, and assigns covenants that it will warrant
and defend said easement against any and all claims and demands
whatsoever, except for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its
hand and seal, the day and year first above written.
0 f0 r
[SEAL)
Ri them, as Trustee of the John Kirkham
Liv ng Trust
APPROVED
AS TO FFORMt
City Attorney
1120
RECEIVED €
�EC � g 2012
JAN 16 2013
DCM MfID Crl y

STATE OF kor-)i 10r0/,*na
COUNTY OF New annJCr
I, ')usariL, m ba ugh , a Notary Public for said County
and State, do hereby certify that John Kirkham, as Trustee of the John
Kirkham Living Trust personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the — day of
./44a". /R.w lfat��aC J
Notary Public
[Affix Seal / Stamp)
My Commission fixpiras, cO-e24-03
RECEIVED
OEM 1 9 2 12
1120 JAN 16 2013 a
DCM-MHD CITY

REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
........................................................................................................................
Filed For Registration.
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder,
0113012003 03:04:56 PM
RE 3624 Page- 379-363
2003004953
ESMNT 5 PGS $23.00
$23.00
JACQUELINE NELSON
........................................................................................................................
State of North Carolina, County of New Hanover
The foregoing certificate
. Dev/Aa ant Re star of Deeds
LIMBAUGH Notary Is certified to be correct This 30TH of January 2003
OF DEEDS
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2003004
2003004953
9
3130D
JAN16 2013
DC&T_V D CITY

0
.1tZs
ipp SEOIST44TION 9EOISTEY OF pEEpS
gS.�MAM & COMTS; N
22 PM
SK 334430 P6 327'332It
FEE $A.ee
NC RE&E RO $32.00
IIISTRU1EHi 12002045416
STATE OF NORTH CAROLINA GENERAL UTILITY BASEMENT
NAP ID 314519516189000
COUNTY OF NEW HANOVER PARCEL PID R07200005007000
PROJECT TRACT SEQUENCE 1125
INSTRUMENT PREPARED BY: Thomas C. Pollard
City Attorney
�5• 432°d Poet Office Box 1810
_ Wilmington, N.C. 28402
Telephone [phone]
�y THISDEEDDEED OF EASEMENT, executed this the Z04 day of
20P,2_, by and between Richard Harlee Kirkum,
Jr., Single, whose address is
Wilmington, NC 28409-3007, (hereinafter referred to as
"GRANTOR") and the City of Wilmington, a municipal corporation
organized and existing under the laws of the State of North
Carolina, whose Poet Office address is Poet Office Box 1810,
Wilmington, North Carolina 28402 (hereinafter referred to as
"GRANTEE";
W I T N B S S E T H:
For and in consideration of the sum of One Dollar ($1.00)
and other valuable consideration paid by the GRANTEE to the
GRANTOR, receipt of which is hereby acknowledged, the GRANTOR
has bargained, sold and conveyed and by these presents does
hereby grant, bargain, sell and convey unto the GRANTEE, its
successors and assigns, the right, privilege and perpetual
right-of-way and easement over through, under and upon the
lands and premises hereinafter described for the purpose of
constructing, installing, inspecting, maintaining, repairing,
removing, extending, improving, replacing, building and/or
operating certain public water lines, sewer lines and related
appurtenances, said premises being a certain parcel or tract
of land located in New Hanover CountxI North Carolina, and
RF,CF.I JE D
more particulaorly described an follows,
1125vwvffiwww��rJ1L>'JRR
Y
JCM-MHD('ir

Parcel 1125, containing 9567 SQ. PT., as the same appears
on Sheet l of 6 of maps entitled " Masonboro water and Sewer
Easements and Lift Station Parcels", duly recorded in Map Book
42 at Pages 364 through 370 of the New Hanover County
Registry, to which reference is made for a more complete
description of easement interest herein conveyed.
The above -described is a portion of the property conveyed
to GRANTOR by deed recorded in Book 2071 Page 1021 of Now
Hanover County Registry.
TO HAVE AND TO HOLD said right-of-way and easement to
GRANTEE, its successors and assigns, forever. This right-of-
way and easement hereby granted is appurtenant to and rune
with the land now owned by the GRANTOR. It is understood and
agreed, however, that the duration of any temporary
construction easement conveyed herein, shall extend for the
period during which construction and inspection of the initial
facilities to be installed by the GRANTEE are underway, and
that from and after the GRANTEE's acceptance of the initial
facilities for operation, said temporary construction easement
shall expire and be of no further effect.
The GRANTOR reserves the right to grant easements to
other parties within the easement areas as shown on said plat
so long as ouch easements do not interfere with the GRANTEE's
use of the easement areas and the rights granted herein.
The facilities now in existence or to be placed over,
under, upon and across said right-of-way and easement shall
become and remain the property of the GRANTEE. The GRANTEE
shall have the right to construct, install, inspect, maintain,
repair, remove, extend, improve, replace, build and/or operate
these or new facilities and to make such changes and additions
to ouch facilities upon the easement and right-of-way as the
GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the
area of the perpetual easement and right-of-way clear of all
buildings or structures, trees, shrubs, bushes, stumps, roots,
undergrowth, or other vegetation as will in its judgment
interfere with the purposes of this Easement. The GRANTOR
expressly promises and agrees not to construct or allow to be
1125 RECEPPD
JAN 16 2013
DCM-MHD CITY

constructed any building, structure or other improvement, and
further promisee not to plant or allow to be planted any
trees, shrubs, buehea, undergrowth or other vegetation that
have root systems, which over a period of time, will grow to a
state which poses a threat of damaging the facilities
installed by the GRANTEE or which unreasonably impair the
GRANTEE's access to its facilities, or to otherwise permit
encroachment or interference with the GRANTEE'S rights
hereunder except as provided herein. It is expressly
understood and agreed, however, that the GRANTOR, its heirs,
successors and assigns, shall retain the right to cultivate
the ground lying within the boundaries of the right-of-way and
use said easement for any other lawful purpose provided,
however, that such cultivation or use shall not be
inconsistent with the rights herein granted to the GRANTEE,
and GRANTEE shall not be liable for any damages or loss due to
the exercise of its rights hereunder within its easement and
right-of-way except those arising out of the gross negligence
of the GRANTEE. It is understood and agreed that the GRANTOR,
its successors or assigns, shall comply with applicable
policies of the GRANTEE with regard to any new encroachments
within the boundaries of the easement herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or
otherwise using the above -described facilities, the GRANTEE
shall have the right of ingress to and ogress from the
easement and right-of-way over such private roads, alleys,
ways or paths (hereinafter collectively referred to as
"private roads") as may now or hereafter exist on the property
of the GRANTOR. Any damages resulting to such private roads
from the use by the GRANTEE shall be repaired by the GRANTEE
at its expense. The right, however, is reserved to the
GRANTOR or its, successors and assigns to shift, relocate,
close or abandon such private roads at any time. If there are
no public or private roads reasonably convenient to the
easement and right-of-way, the GRANTEE shall have ouch right
of ingress and ogress over the GRANTOR'S property adjacent to
the easement and right-of-way in such manner as shall occasion
1125 3
Jr,n 16 2013
DM-MHDM t

the least practicable damages and inconvenience to the
GRANTOR. The GRANTEE shall be liable for any consequential
damages directly resulting from its exercise of the right of
ingress and agrees over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE
agrees that it will restore the surface of the land to its
approximate level prior to construction by fill or grading in
the course of construction or maintenance of the aforesaid
facilities so long as the same are not inconsistent with and
do not interfere with the rights herein granted to the
GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded by the
GRANTEE, but the GRANTEE shall not be responsible for
landscaping or otherwiso improving the easement area. It is
understood and agreed that the execution and delivery of this
dead by the GRANTOR and its acceptance by the GRANTEE shall
not obligate the GRANTEE to construct or maintain any main,
line, pipe, lateral or other extension or permit any
connection to its water, sanitary sewer, storm sewer, drainage
or other public utilities eyetem without payment of the
appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully
seized and possessed of the property described above; and that
it has good right and lawful authority to convey said easement
for the purposes herein expressedi and that GRANTOR for its
heirs, successors, executors, administrators, and assigns
covenants that it will warrant and defend said easement
against any and all claims and demands whatsoever, except for
encumbrances of record.
Use of the masculine gander herein includes the feminine
and neuter, and the singular number used herein shall equally
include the plural.
RECEIVED
1125 4
JAN 16 2013
DCM_MHD CITP

the day and year first above written.
STATE OF
COUNTY OF /(jfA4/ �/�b/'.V CA44AJ
/—f-
1, Ci ldreo n , a Notary Public for said
County and State, do hereby certify that Richard Narlee
Rirkum, Jr. personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
//
,((�(,"gjWi6tfn�ess my hand and official seal, thhiis� tthe`� day of
My Commission; Expires :—
Notary Public
ryo`Fq COUNn �,G .
RECEIVED
1125 5
JAN 16 Z013
DCM-MHD CITY

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, INC 28401
Filed For Registration:
Book:
Document No.
NC REAL ESTATE EXCISE TAX:
Recorder:
09113/2002 12:11:22 PM
RE 3430 Page: 327-332
2002045416
ESMNT 6 PGS $26.00
$32.00
KAREN D GALLOWAY
State of North Carolina, County of New Hanover
The foregoing certificate of LEE WRENN Notary Is certified to be correct. This 13TH of September 2002
REBECCA T. CHRISTIANN , REGISTER OF DEEDS
�"T�r�s�,.�ii�tl�n�
I Mr-1 .::.
*2002045416*
2002045416
RECEIVED
JAN 16 2013
y
DCNI-V-iD CITY

tip L18IMpI111111
�\ n FAA REM
STRAT10N REGISTER OF DEEDS
�I RMECCA R EIII tN
2086 JAN 18 0 43 k PM
8R,4966 PG:2685-2689 FEE $23.00
NC REV ST036 00
16 RUMENI l 21b600P813
INSTRUMENT PREPARED BY Thomas C. Pollard
Tt RETURN TO: City Attorney (Legal)
Post Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
STATE OF NORTH CAROLINA
GENERAL UTILITY RABENSNT
COUNTY OF NEW HANOVER PIN 3145-51-7228
RR+�w�ue S f• 44. R_ 234 Cabbage Inlet Road
THIS DEED OF EASEMENT, executed this the ��+day of ��tnF..Ean
2006, by and between Sylvia R. Badger, an unmarried individual off
-eabboge^f let=Lazo,. Wilmington, County of New Hanover, State of North
Carolina (hereinafter referred to as -GRANTOR-) and the City of
Wilmington, a municipal corporation organised and existing under the
laws of the State of North Carolina, whose Post Office address is Poet
Office Box 1810, Wilmington, North Carolina 28402 (hereinafter referred
to as "GRANTEE";
W I T N E S S E T HI
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTER to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and promisee hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public water and newer lines and related
appurtenances, said promisee being a certain parcel or tract of land
located in New Hanover County, North Carolina, and more particularly
described as follows:
See the Exhibit "A", attached hereto and incorporated
herein by reference.
The above -described is a portion of the property conveyed to GRANTOR by
deed recorded in Book 1434, Page 1866 of the New Hanover County
Registry.
TO RAVE AND TO HOLD said right-of-way and easement to GRANTEE, its
successors and assigns, forever. This right-of-way and easement hereby
granted is appurtenant to and rune with the land now owned by the
GRANTOR.
The GRANTOR reserves the, right to grant easements to other parties
within the easement areas as shown on said plat so long an such
1 u\i' 1 b iUj'j
"
DCM-MHD CITY

easements do not interfere with the GRANTEE'a use of the easement areas
and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend, improve,
replace, build and/or operate these or new facilities and to make ouch
changes and additions to such facilities upon the easement and right-
of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or other
vegetation as will in its judgment interfere with the purposes of this
Easement. The GRANTOR expressly promisee and agrees not to construct
or allow to be constructed any building, structure or other
improvement, and further promisee not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation or to
otherwise permit encroachment or interference with the GRANTEE's rights
hereunder except as provided herein. It is expressly understood and
agreed, however, that the GRANTOR, its heirs, successors and assigns,
shall retain the right to cultivate the ground lying within the
boundaries of the right-of-way and use said easement for any other
lawful purpose; provided, however, that such cultivation or use shall
not be inconsistent with the rights herein granted to the GRANTEE, and
GRANTEE shall not be liable for any damages or lose due to the exercise
of its rights hereunder within its easement and right-of-way except
those arising out of the gross negligence of the GRANTEE.
For the purpose of constructing, inspecting, improving, replacing,
removing, maintaining, extending, repairing or otherwise using the
above -described facilities, the GRANTEE shall have the right of ingress
to and egress from the easement and right-of-way over such private
roads, alleys, ways or paths (hereinafter collectively referred to as
"private roads") as may now or hereafter exist on the property of the
GRANTOR. Any and all construction activities and/or repair or
maintenance activities upon the premises conducted by GRANTEE shall be
conducted in a manner no an not to interfere with or impede the ongoing
business activities being conducted on the promisee, by GRANTOR, its
successors or assigns or LESSEE. Any damages resulting to such private
roads from the use by the GRANTEE shall be repaired by the GRANTEE at
its expense. The right, however, is reserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon such
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTEE
shall have such right of ingress and egress over the GRANTOR'S property
adjacent to the easement and right-of-way in such manner as shall
occasion the least practicable damages and inconvenience to the GRANTOR
and shall not impede the ongoing business activities conducted on the
promisee by GRANTOR, its successors and assigns. The GRANTEE shall be
liable for any consequential damages directly resulting from its
exercise of the right of ingress and agrees over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that it
will restore the surface of the land to its approximate level prior to
construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTEE. It is specifically agreed that any trees removed for
construction or maintenancenrrW will not be replaced. The
construction or maintenance area a ll be needed or resodded by the
GRANTEE. The location of any plant saterials installed by the GRANTOR
;aft 16 2013
I)CM-Mrmcffy

shall be such that the growth thereof shall not, over time, adversely
affect the GRANTEE's facilities within the boundaries of the easement
herein conveyed. It is understood and agreed that the execution and
delivery of this deed by the GRANTOR and its acceptance by the GRANTER
shall not obligate the GRANTEE to construct or maintain any main, line,
pipe, lateral or other extension or permit any connection to its water,
sanitary sewer, storm sewer, drainage or other public utilities system
without payment of the appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully seized and
possessed of the property described above; and that it has good right
and lawful authority to convey said easement for the purposes herein
expressed; and that GRANTOR for its heirs, successors, executors,
administrators, and assigns covenants that it will warrant and defend
said easement against any and all claims and demands whatsoever, except
for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and
seal, the day and year first above written.
GRANTOR:
-4,uGVf/, k 4 a.Q/cl�� [SEAL]
Syl is E. Badger
AP�AS TO FORM:
Y
City Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW NANOVER
I, Arr-0I a- Notary Public for said County and
State, do hereby certify that Sylvia R. Badger personally appeared
before ma this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal, this the day of
2006. ^
My tc=isaion Expires:
oi 2 '3 � Notary
®.aw.e.ae•* RECEMD
JAN 16 2013
3
DCM.MHD CffY
IM

General Utility Easement from Sylvia K Badger
to the City of Wilmington
Exhibit "A"
Being that tract or parcel of land identified as Easement No. 1130 on a map entitled
"Masonboro Water & Sewer Easements & Lift Station Parcels — Windchase Lane and
Cabbage Inlet Lane (Extension)" and enumerated Sheet 1 of 6, duly recorded in Map
Book 42 at Pages 364 through 370 of the New Hanover County Registry, incorporated
herein by reference and to which map reference is hereby made for a more complete
description of said property.
RECEIVED 11til ! J lJ'2
JAN 16 2013
DUNI-M91) CITY

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
01/18/2006 02:43:50 PM
RE 4966 Page: 2685-2689
2006002873
ESMNT 5 PGS $23.00
$6.00
SCOTT, NANCY A
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2006002873*
2006002873 JAN 16 2013
DCM-V_YD CITY

3o7 c^�b.f.� T (4-
0, 1135-
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
INSTRUMENT PREPARED BY
6 RETURN TO:
Rw "Oxe r "s $3.e°
FOR RE4I51RRt TOR`Ki5T1% OF OEEO6
(�1901934PM
� ANC REV(9S41� �3.9p '99
GENERAL UTILITY EASEMENT
MAP ID 314519517410000
PARCEL PID R07200005008000
PROJECT TRACT SEQUENCE 1135
307 Cabbage Inlet Lane
Thomas C. Pollard
City Attorney
Poet Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
-rTHIS DEED OF EASEMENT, executed this the Lday of
1" U-arV 1 200/0 by and between Conrad W. Varner and wife,
Dianne W. Varner, whose address is Q bbage hal t 'Lane,
Wilmington, NC 28409, (hereinafter referre to as "GRANTOR") and the
City of Wilmington, a municipal corporation organized and existing
under the laws of the State of North Carolina, whose Poet Office
address is Poet Office Box 1910, Wilmington, North Carolina 28402
(hereinafter referred to an "GRANTEE");
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over
through, under and upon the lands and premines hereinafter described
for the purpose of constructing, installing, inspecting,
maintaining, repairing, removing, extending, improving, replacing,
building and/or operating certain public water lines, sewer linen
and related appurtenances, said promisee being a certain parcel or
tract of land located in New Hanover County, North Carolina, and
more particularly described as follows:
Parcel 1135, containing 786 SQ. FT., as the name appears on
Sheet 1 of 6 of maps entitled - Masonboro Water and Sewer
Basements and Lift Station Parcels", duly recorded in Map
Book 42 at Pages 364 through 370 of the New Hanover County
Registry, to which reference is made for a more complete
description of easement interest herein conveyed.
The above -described is a portion of the property conveyed to
GRANTOR by deed recorded in Book 2129 Page 328 of New Hanover County
Registry. RECEIVED
-t
JAN 16 2013
nCM-!gymCffY

TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE,
its successors and assigns, forever. This right-of-way and easement
hereby granted is appurtenant to and runs with the land now owned by
the GRANTOR. It is understood and agreed, however, that the duration
of any temporary construction easement conveyed herein, shall extend
for the period during which construction and inspection of the
initial facilities to be installed by the GRANTEE are underway, and
that from and after the GRANTEE's acceptance of the initial
facilities for operation, said temporary construction easement shall
expire and be of no further effect.
The GRANTOR reserves the right to grant easamento to other
parties within the easement areas as shown on said plat so long as
such easements do not interfere with the GRANTEE' a use of the
easement areas and the rights granted herein.
The facilities now in existence or to be placed over, under,
upon and across said right-of-way and easement shall become and
remain the property of the GRANTEE. The GRANTEE shall have the right
to construct, install, inspect, maintain, repair, remove, extend,
improve, replace, build and/or operate these or new facilities and
to make ouch changes and additions to such facilities upon the
easement and right-of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area
of the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or
other vegetation as will in its judgment interfere with the purposes
of this Easement. The GRANTOR expressly promises and agrees not to
construct or allow to be constructed any building, structure or
other improvement, and further promises not to plant or allow to be
planted any trees, shrubs, bushes, undergrowth or other vegetation
that have root systems, which over a period of time, will grow to a
state which posse a threat of damaging the facilities installed by
the GRANTEE or which unreasonably impair the GRANTEE's access to its
facilities, or to otherwise permit encroachment or interference with
the GRANTHE'E rights hereunder except as provided herein. It is
expressly understood and agreed, however, that the GRANTOR, its
heirs, successors and assigns, shall retain the right to cultivate
the ground lying within the boundaries of the rigbt-of-way and use
said easement for any other lawful purpose provided, however, that
such cultivation or use shall not be inconsistent with the rights
herein granted to the GRANTEE, and GRANTEE shall not be liable for
any damages or loss due to the exercise of its rights hereunder
within its easement and right -of- ay except those arising out of the
gross negligence of the GRANTEE. It is understood and agreed that
the GRANTOR, its successors or assigns, shall comply with applicable
policies of the GRANTEE with regard to any new encroachments within
the boundaries of the easement herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or otherwise
using the above -described facilities, the GRANTEE shall have the
right of ingress to sad agrees from the easement and right-of-way
over such private roads, alleys, ways or paths (hereinafter
collectively referred to as "private roads") as may now or hereafter
exist on the property of the GRANTOR. Any damages resulting to such
private roads from the use by the GRANTEE shall be repaired by the
GRANTEE at its expense. The right, however, is reserved to the
GRANTOR or its, successors and assigns to shift, relocate, close or
abandon such private roads at any time. If there are no public or
private roads reasonably convenient to the easement and right-of-
way, the GRANTEE shall hove �` h_.aight of ingress and egress over
JAN 18 2W
DCM-MHD CITY

the GRANTOR'S property adjacent to the easement and right—of—way in
such manner as shall occasion the least practicable damages and
inconvenience to the GRANTOR. The GRANTEE shall be liable for any
consequential damages directly resulting from its exercise of the
right of ingress and egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that
it will restore the surface of the land to its approximate level
prior to construction by fill or grading in the course of
construction or maintenance of the aforesaid facilities so long as
the same are not inconsistent with and do not interfere with the
rights herein granted to the GRANTEE. It is specifically agreed that
any trees removed for construction or maintenance work will not be
replaced. The construction or maintenance area shall be seeded by
the GRANTEE, but the GRANTEE shall not be responsible for
landscaping or otherwise improving the easement area. It in
understood and agreed that the execution end delivery of this deed
by the GRANTOR and its acceptance by the GRANTEE shall not obligate
the GRANTEE to construct or maintain any main, line, pipe, lateral
or other extension or permit any connection to its water, sanitary
sewer, storm sewer, drainage or other public utilities system
without payment of the appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully seized
and possessed of the property described above; and that it has good
right and lawful authority to convey said easement for the purposes
herein expressed; and that GRANTOR for its heirs, successors,
executors, administrators, and asaigas covenants that it will
warrant and defend said easement against any and all claims and
demands whatsoever, except for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include
the plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its band and
seal, the day and year first above written.
APPROVED AS TO FORM;
V
City Attorney
(SEAL[
Conrad W. Varner
J )/12 .1If za4—fee� i [SEAL]
Dianne W. Varner
RECEIVED
a
JAN 1632013
DCM—MHD Crry

QT&x OF M�aOTWCOUNTYOF Ny``OVEiAK
I, je(t+6,,r W LeO464.., ,11 a Notary Public for said County and
State, do here y Certify that Conrad W. Varner and Dianne W. Varner
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument. ..aate�
Witness my hand and official seal, this the ]3'� day of
2006.
My Commission Rxpiree,
(Affix Seal/Stamp]
Notary Public
RECEIVED
JAN 16 2013
a
DCM-MHD CITY

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
0111912005 04:19:34 PM
RE 4643 Page: 491-495
2005002875
ESMNT 5 PGS $23.00
$3.00
MICAH PHELPS
State of North Carolina, County of New Hanover
The foregoing certificate of HEATHER M LEATHERMAN Notary is certified to be correct. This 19TH of January
2005
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
7
By.
Deputy/Av&Lstant Register of Deeds
«1««f1f11f111f»«111 f,11«1f«f11«„1«1f,1f,11f»«,»»,»N»»»if11H11»IllffilYfifl/.11111M«„1f Mf,!'1»f
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
"20050028750*
2005002875 'AN 16 2013
DCM-MHD CITY

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
INSTRUMENT PREPARED BYT
STO a f li2. Ci
FOP PEGj SIRQTt NREGISTER GF DEEDS
NEY GECW,kR CGa=TY NC
2631 36 M 64.56 PK
6K 3624 PG:384-366 FEE $23 W
i�YNGdd�EFE[[U80 STPd,'P�.yf2M219n0c1
YJTM1N I1IWJUG47�'i
GENERAL UTILITY BASEMENT
MAP ID 314519518459000
PARCEL PID R07200005018000
PROJECT TRACT SEQUENCE 1140
Thomas C. Pollard
City Attorney
Poet Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
THIS DEED OF EASEMENT, executed this the 91 day of -)U `_
20�, by and between Adolfo Pfeiffer, Jr. and wife, Sarah Rill
Pfeiffer, whose address is 3560 Half Moon Circle, Falls Church, VA
22044, (hereinafter referred to as "GRANTOR") and the City of
Wilmington, a municipal corporation organized and existing under the
laws of the State of North Carolina, whose Post Office address is Post
Office Box 1810, Wilmington, North Carolina 28402 (hereinafter
referred to as "GRANTEE";
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lends and premises hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public water lines, sewer lines and related
appurtenances, said premises being a certain parcel or tract of land
located in New Hanover County, North Carolina, and more particularly
described as follows:
Parcel 2205, containing 389 SQ. FT., as the same appears on
Sheet 6 of 6 of maps entitled " Masonboro Water and Sewer
Easements and Lift Station Parcels", duly recorded in Map
Book 42 at Pages 364 through 370 of the New Hanover County
Registry, to which reference is made for a more complete
description of easement interest herein conveyed.
The above -described is a portion of the property conveyed to
GRANTOR by deed recorded in Book 2230 Page 883 of New Hanover County
Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE,
its successors and assigns, forever. This right-of-way and easement
hereby granted is appurtenant to and rune with the land now owned by
the GRANTOR. It is and {�¢���and agreed, however, that the duration
of any temporary constr�ucL Sblt"trasament conveyed herein, shall extend
for the period during which construction and inspection of the initial
1140����
ACM-MHD C1Ty

facilities to be installed by the GRANTEE are underway, and that from
and after the GRANTEE's acceptance of the initial facilities for
operation, said temporary construction easement shall expire and be of
no further effect.
The GRANTOR reserves the right to grant easements to other
parties within the easement areas as shown on said plat so long as
such easements do not interfere with the GRANTEE's uss of the easement
areas and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend,
improve, replace, build and/or operate these or new facilities and to
make such changes and additions to such facilities upon the easement
and right-of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or
other vegetation as will in its judgment interfere with the purposes
of this Easement. The GRANTOR expressly promises and agrees not to
construct or allow to be constructed any building, structure or other
improvement, and further promises act to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation that have
root systems, which over a period of time, will grow to a state which
posse a threat of damaging the facilities installed by the GRANTEE or
which unreasonably impair the GRANTEE's access to its facilities, or
to otherwise permit encroachment or interference with the GRANTEE'S
rights hereunder except as provided herein. It is expressly
understood and agreed, however, that the GRANTOR, its heirs,
successors and assigns, shall retain the right to cultivate the ground
lying within the boundaries of the right-of-way and use said easement
for any other lawful purpose provided, however, that such cultivation
or use shall not be inconsistent with the rights herein granted to the
GRANTEE, and GRANTEE shall not be liable for any damages or loss due
to the exercise of its rights hereunder within its easement and right-
of-way except those arising out of the gross negligence of the
GRANTEE. It is understood and agreed that the GRANTOR, its successors
or assigns, shall comply with applicable policies of the GRANTEE with
regard to any new encroachments within the boundaries of the easement
herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or otherwise
using the above -described facilities, the GRANTEE shall have the right
of ingress to and egress from the easement and right-of-way over such
private roads, allays, ways or paths (hereinafter collectively
referred to as "private roads-) as may now or hereafter exist on the
property of the GRANTOR. Any damages resulting to such private roads
from the use by the GRANTEE shall be repaired by the GRANTEE at its
expense. The right, however, is reserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon ouch
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTEE
shall have such right of ingress and egress over the GRANTOR'S
property adjacent to the easement and right-of-way in such manner as
shall occasion the least practicable damages and inconvenience to the
GRANTOR. The GRANTEE shall be liable for any consequential damages
directly resulting from its exercise of the right of ingress and
agrees over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that
it will restore the eyrface of the land to its approximate level prior
1140 J AN 16 2013 2
DC_N :V3DC.'Ty

to construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded by the GRANTEE, but
the GRANTEE shall not be responsible for landscaping or otherwise
improving the easement area, it is understood and agreed that the
execution and delivery of this deed by the GRANTOR and its acceptance
by the GRANTEE shall not obligate the GRANTEE to construct or maintain
any main, line, pipe, lateral or other extension or permit any
connection to its water, sanitary sewer, storm sewer, drainage or
other public utilities system without payment of the appropriate
connection fees.
Said GRANTOR covenants and warrants that it is lawfully seized
and possessed of the property described shovel and that it has good
right and lawful authority to convey said easement for the purposes
herein expressedi and that GRANTOR for its heirs, successors,
executors, administrators, and assigns covenants that it will warrant
and defend said easement against any and all claims and demands
whatsoever, except for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its
hand and seal, the day and year first above written.
APPROVED AS TO ORMs
City Attorney
GR to �Y ��t1 L-4-- [SEAL]
Adolfo Pfeiffer, /Jr.��
RECEIVED
Utl, i y cult
1140 JAN 16 2013 3
DCM-MHD ary

STATE OF
v
COUNTY OF q I 11I 1. I
1, �Illd6ea W M01VI��iQ.' a Notary Public for said County
and State, do hereby certify that Adolfo Pfeiffer, Jr.,and Sarah Hill
Pfeiffer personally appeared before me this day and aclmowledged the
due execution of the foregoing instrument.
Witness my band
.......... y&.11.1al
so0
(Affix Seal / Stamp]
1140
and official seal, this the e`U-` day of
otary P is
my Coemiissioa 8xpires: A .Ay
RECEIVED
JAN 16 2013
4
DCM-MHD CITY

REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
........................................................................................................................
Flied For Registration. 01/30/2003 03:04:56 PM
Book, RE 3624 Page: 384-388
Document No.: 2003004954
ESMNT 5 PIGS $23.00
NC REAL ESTATE EXCISE TAX: $22.00
Recorder: JACQUELINE NELSON
........................................................................................................................
State of North Carolina, County of New Hanover
The foregoing certificate of MICHAEL W MALAVE Notary is certified to be correct. This 30TH of January 2003
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
* 2003 00495,4-r*
2003004954 JAN 18 2013
DCM-MAD CITY

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
INSTRUMENT PREPARED BY:
STAMP& $ 3�
FOR REGISTRATION REGISTER OF OEEOS
REWCGR T CXR IST iRx
NEY NRHOWR CWNTT NC
2001 SEP 26 12:18:35 PM
BK:3441 PG:599405 FEE129.00
NG RENEMh STRMP:S3.00
INSTRUMENT i 2N2047912
GENERAL UTILITY EASEMENT
MAP ID 314519519132000
PARCEL PID R07210005017000
PROJECT TRACT SEQUENCE 1155
Thomas C. Pollard
City Attorney
Poet Office Box 18
Wilmington, N.C. 28402
Telephone [phone]
THIS DEED OF EASEMENT, executed this the 12" day of
e)P�c
' e'�.�.P�, 20Q", by and between James S. Hill and wife,
Alice V. Hill, whose address is 650 Lake Road, Webster, NY
14580-1520, (hereinafter referred to as "GRANTOR") and the
City of Wilmington, a municipal corporation organized and
existing under the laws of the State of North Carolina, whose
Poet Office address is Poet Office Box 1810, Wilmington, North
Carolina 28402 (hereinafter referred to as "GRANTEE";
w I T N E S S E T HI
For and in consideration of the sum of One Dollar ($1.00)
and other valuable consideration paid by the GRANTEE to the
GRANTOR, receipt of which is hereby acknowledged, the GRANTOR
has bargained, sold and conveyed and by these presents does
hereby grant, bargain, sell and convey unto the GRANTEE, its
successors and assigns, the right, privilege and perpetual
right-of-way and easement over through, under and upon the
lands and premises hereinafter described for the purpose of
constructing, installing, inspecting, maintaining, repairing,
removing, extending, improving, replacing, building and/or
operating certain public water lines, sewer lines and related
appurtenances, said premises being a certain parcel or tract
of land located in New Hanover County, North Carolina, and
more particularly deantbed 8e followaz
„se JAN 16 2013'^-- w J
DCM-M.9D CITY

Parcel 1155, containing 903 Sp. FT., as the same appears
on Sheet 1 of 6 of maps entitled " Masonboro Water and Sewer
Easements and Lift Station Parcels-, duly recorded in Map Book
42 at Pages 364 through 370 of the New Hanover County
Registry, to which reference is made for a more complete
description of easement interest herein conveyed.
The above -described is a portion of the property conveyed
to GRANTOR by deed recorded in Book 1566 Page 1121 of New
Hanover County Registry.
TO HAVE AND TO HOLD said right-of-way and easement to
GRANTEE, its successors and assigns, forever. This right-of-
way and easement hereby granted is appurtenant to and runs
with the land now owned by the GRANTOR. It is understood and
agreed, however, that the duration of any temporary
construction easement conveyed herein, shall extend for the
period during which construction and inspection of the initial
facilities to be installed by the GRANTEE are underway, and
that from and after the GRANTEE's acceptance of the initial
facilities for operation, said temporary construction easement
shall expire and be of no further effect.
The GRANTOR reserves the right to grant easements to
other parties within the easement areas as shown on said plat
so long as ouch casements do not interfere with the GRANTEE's
use of the easement areas and the rights granted herein.
The facilities now in existence or to be placed over,
under, upon and across said right-of-way and easement shall
become and remain the property of the GRANTEE. The GRANTEE
shall have the right to construct, install, inspect, maintain,
repair, remove, extend, improve, replace, build and/or operate
these or new facilities and to make such changes and additions
to such facilities upon the easement and right-of-way as the
GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the
area of the perpetual easement and right-of-way clear of all
buildings or structures, trees, shrubs, bushes, stumps, roots,
undergrowth, or other vegetation as will in its judgment
interfere with the purposes of this Easement. The GRANTOR
expressly promises and agrees not to construct or allow to be
"E1VED
Ilse JAN 16 2013
t:
DCM-MAD CITY

constructed any building, structure or other improvement, and
further promises not to plant or allow to be planted any
trees, shrubs, bushes, undergrowth or other vegetation that
have root systems, which over a period of time, will grow to a
state which poses a threat of damaging the facilities
installed by the GRANTEE or which unreasonably impair the
GRANTEE•s access to its facilities, or to otherwise permit
encroachment or interference with the GRANTEE'S rights
hereunder except as provided herein. It is expressly
understood and agreed, however, that the GRANTOR, its heirs,
successors and assigns, shall retain the right to cultivate
the ground lying within the boundaries of the right-of-way and
use said easement for any other lawful purpose provided,
however, that such cultivation or use shall not be
inconsistent with the rights herein granted to the GRANTEE,
and GRANTEE shall not be liable for any damages or lose due to
the exercise of its rights hereunder within its easement and
right-of-way except those arising out of the gross negligence
of the GRANTEE. It is understood and agreed that the GRANTOR,
its successors or assigns, shall comply with applicable
policies of the GRANTEE with regard to any new encroachments
within the boundaries of the easement herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or
otherwise using the above -described facilities, the GRANTEE
shall have the right of ingress to and egress from the
easement and right-of-way over such private roads, alleys,
ways or paths (hereinafter collectively referred to as
"private roads") as may now or hereafter exist on the property
of the GRANTOR. Any damages resulting to such private roads
from the use by the GRANTEE shall be repaired by the GRANTEE
at its expense. The right, however, is reserved to the
GRANTOR or its, successors and assigns to shift, relocate,
close or abandon such private roads at any time. If there are
no public or private roads reasonably convenient to the
easement and right-of-way, the GRANTEE shall have such right
of ingress and egress over the GRANTOR'S property adjacent to
the easement and right-of-way,�P such manner as shall occasion
1155 3
JAN 16 M3
DCM-MHD CITY

the least practicable damages and inconvenience to the
GRANTOR. The GRANTEE shall be liable for any consequential
damages directly resulting from its exercise of the right of
ingrese and egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE
agrees that it will restore the surface of the land to its
approximate level prior to construction by fill or grading in
the course of construction or maintenance of the aforesaid
facilities so long as the same are not inconsistent with and
do not interfere with the rights herein granted to the
GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded by the
GRANTEE, but the GRANTEE shall not be responsible for
landscaping or otherwise improving the easement area. It is
understood and agreed that the execution and delivery of this
deed by the GRANTOR and its acceptance by the GRANTEE shall
not obligate the GRANTEE to construct or maintain any main,
line, pipe, lateral or other extension or permit any
connection to its water, sanitary sewer, storm sewer, drainage
or other public utilities system without payment of the
appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully
seized and possessed of the property described above; and that
it has good right and lawful authority to convey said easement
for the purposes herein expressed; and that GRANTOR for its
heirs, successors, executors, administrators, and assigns
covenants that it will warrant and defend said easement
against any and all claims and demands whatsoever, except for
encumbrances of record.
Use of the masculine gender herein includes the feminine
and neuter, and the singular number used herein shall equally
include the plural.
RECEIVED
1155 q
JAN 16 2013
DCM-MRD CITy

IN WITNESS WHEREOF, the GRANTOR has hereunto set its
hand and seal, the day and year first above written.
[SEAL)
James
S. Hil
[3RAL)
Alice V. Hill
APPROVED AS TO FORMi
Ciby Attorney
STATE OF IJfA.t) UO(L
COUNTY OF Man of
I, S tc{(- ?-. ?214 , a Notary Public for said
County and State, do hereby certify that James S. Hill, Alice
V. Hill personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the I]t'` day of
200,2-.
My Co=iasion Expiresi
NqaAfy Public
�1D3 Scott R. Page
RECEIVED
JAN 16 2013
1155
DC!vf-WHI) CITY

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
09/26/2002 12:18:35 PM
RE 3447 Page: 599.605
2002047972
ESMNT 7 PGS $29.00
$3.00
KAREN D GALLOWAY
•r.w.«««,,,.««w«.e....««.,as.ra.»y«w«..,,«,r»w«.«ww»,wwwa«raw,.w„�yww„w.,w.«.,w«y.«a.«w«w««,»w
State of North Carolina, County of New Hanover
The foregoing certificate of SCOTT R PAGE Notary is certified to be correct. This 26TH of September 2002
REBECCA T. CHRISTIAN .REGISTER OF DEEDS
By: '-f G_1WN�d-PXn
Deputy/Anobs6W Register of Deeds
*2002047972*
Icy?R?,47972
JAN 16 ai3
DCM-MT.3D CITY

:�� D6 �f/i:.utc�Caso
l(6d
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
FOp pEGISINTi NGa168:p.N OF NEOS
1 E W.OAR OVA I. NO
2082 SEP 18 11 Al PM
80435
PM_KC MEMk ST�W�SS10 00
14STmaT 1292046261
GENERAL UTILITY EASEMENT
MAP ID 314519610025000
PARCEL PID R07220005016000
PROJECT TRACT SEQUENCE 2160
INSTRUMENT PREPARED BY: Thomas C. Pollard
1�up
City Attorney
STAW: 0Poet Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
THIS DEED OF EASEMENT, executed this the _k day of
200.�, by and between Susan L. O'Brien and
husband, P.F. O'Brien, whose address in 3304 Tudor Court,
Wilmington, NC 28409, (hereinafter referred to as -GRANTOR-)
and the City of Wilmington, a municipal corporation organized
and existing under the laws of the State of North Carolina,
whose Poet Office address is Post Office Box 1810, Wilmington,
North Carolina 28402 (hereinafter referred to as "GRANTEE
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00)
and other valuable consideration paid by the GRANTEE to the
GRANTOR, receipt of which is hereby acknowledged, the GRANTOR
has bargained, sold and conveyed and by these presents does
hereby grant, bargain, sell and convey unto the GRANTEE, its
successors and assigns, the right, privilege and perpetual
right-of-way and easement over through, under and upon the
lands and premises hereinafter described for the purpose of
constructing, installing, inspecting, maintaining, repairing,
removing, extending, improving, replacing, building and/or
operating certain public water lines, sewer lines and related
appurtenances, said premises being a certain parcel or tract
of land located in New Hanover County, North Carolina, and
more particularly desarilfollows:
RETURRTQ CAID�t a CALDFR A Y 1177
1160 1
JAN 16 r'i,'
DC.AINHD CITY

Parcel 1160, containing 2219 BG. PT., as the same appears
on Sheet 1 of 6 of maps entitled " Masomboro water and Bower
Easements and Lift Station Parcels", duly recorded in Map Book
42 at Pages 364 through 370 of the New Hanover County
Registry, to which reference is made for a more complete
description of easement interest herein conveyed.
The above -described is a portion of the property conveyed
to GRANTOR by deed recorded in Book 1654 Page 1071 of New
Hanover County Registry.
TO RAVE AND TO HOLD said right-of-way and easement to
GRANTEE, its successors and assigns, forever. This right-of-
way and easement hereby granted is appurtenant to and rune
with the land now owned by the GRANTOR. It is understood and
agreed, however, that the duration of any temporary
construction oasement conveyed herein, shall extend for the
period during which construction and inspection of the initial
facilities to be installed by the GRANTEE are underway, and
that from and after the GRANTEE's acceptance of the initial
facilities for operation, said temporary construction easement
shall expire and be of no further effect.
The GRANTOR reserves the right to grant easements to
other parties within the easement areas as shown on said plat
so long as such easements do not interfere with the GRANTEE'S
use of the easement areas and the rights granted herein.
The facilities now in existence or to be placed over,
under, upon and across said right-of-way and easement shall
become and remain the property of the GRANTEE. The GRANTEE
shall have the right to construct, install, inspect, maintain,
repair, remove, extend, improve, replace, build and/or operate
these or new facilities and to make such changes and additions
to such facilities upon the easement and right-of-way as the
GRANTEE may doom advisable.
The GRANTEE shall at all times have the right to keep the
area of the perpetual easement and right-of-way clear of all
buildings or structures, trees, shrubs, bushes, stumps, roots,
undergrowth, or other vegetation as will in its judgment
interfere with the purposes of this Easement. The GRANTOR
expressly promisee and eAWb''dct to construct or allow to be
1160 JA N 16 2�
DCM-MFID CIT

constructed any building, structure or other improvement, and
further promisee not to plant or allow to be planted any
trees, shrubs, bushes, undergrowth or other vegetation that
have root systems, which over a period of time, will grow to a
state which poses a threat of damaging the facilities
installed by the GRANTEE or which unreasonably impair the
GRANTEE's access to its facilities, or to otherwise permit
encroachment or interference with the GRANTEE'S rights
hereunder except as provided herein. It is expressly
understood and agreed, however, that the GRANTOR, its heirs,
successors and assigns, shall retain the right to cultivate
the ground lying within the boundaries of the right-of-way and
use said easement for any other lawful purpose provided,
however, that such cultivation or use shall not be
inconsistent with the rights herein granted to the GRANTER,
and GRANTEE shall not be liable for any damages or lose due to
the exercise of its rights hereunder within its easement and
right-of-way except those arising out of the gross negligence
of the GRANTEE. It is understood and agreed that the GRANTOR,
its successors or assigns, shall comply with applicable
policies of the GRANTEE with regard to any new encroachments
within the boundaries of the easement herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or
otherwise using the above -described facilities, the GRANTEE
shall have the right of ingress to and agrees from the
easement and right-of-way over such private roads, alleys,
ways or paths (hereinafter collectively referred to as
"private roads-) as may now or hereafter exist on the property
of the GRANTOR. Any damages resulting to such private roads
from the use by the GRANTEE shall be repaired by the GRANTEE
at its expense. The right, however, is reserved to the
GRANTOR or its, successors and assigns to shift, relocate,
close or abandon ouch private roads at any time. If there are
no public or private roads reasonably convenient to the
easement and right-of-way, the GRANTEE shall have such right
of ingress and egress over the GRANTOR'S property adjacent to
the easement and right-of-way in such manner as shall occasion
LCEP.
1160 3
JAN 1 6 2013
DCM-MHD CITY

the least practicable damages and inconvenience to the
GRANTOR. The GRANTEE shall be liable for any consequential
damages directly resulting from its exercise of the right of
ingress and egress over adjoining property.
By acceptance of this Dead of Easement, the GRANTEE
agrees that it will restore the surface of the land to its
approximate level prior to construction by fill or grading in
the course of construction or maintenance of the aforesaid
facilities so long as the same are not inconsistent with and
do not interfere with the rights herein granted to the
GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded by the
GRANTEE, but the GRANTEE shall not be responsible for
landscaping or otherwise improving the easement area. It is
understood and agreed that the execution and delivery of this
deed by the GRANTOR and its acceptance by the GRANTEE shall
not obligate the GRANTEE to construct or maintain any main,
line, pipe, lateral or other extension or permit any
connection to its water, sanitary sewer, storm sewer, drainage
or other public utilities system without payment of the
appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully
seized and possessed of the property described above; and that
it has good right and lawful authority to convey amid easement
for the purposes herein expressed; and that GRANTOR for its
heirs, successors, executors, administrators, and assigns
covenants that it will warrant and defend said easement
against any and all claims and demands whatsoever, except for
encumbrances of record.
Use of the masculine gender herein includes the feminine
and neuter, and the singular number used herein shall equally
include the plural.
RECENED
1160 JAN 18 2013
DCM-MAD CP►y

IN WITNESS WHEREOF, the GRANTOR has hereunto set its
hand and seal, the day and year first above written.
1---- [SEAL]
P. F. O'Brien
'(1,upQJv. C9P.>� [SEALI
Susan L. O'Brien
APPROVED AS TO FORM.
Cit# A torney
STATE OF "� &rul q
COUNTY OF / &,Id .cr
1, J <o 7', ' dre , a Notary Public for said
County and State, do hereby certify that P. F. O'Brien, Susan
L. O'Brien personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the C?46 day of
200L.
My commission Expires.
Notary Publi
6 aS- aco 3
RECEIVED
1160 '
JAN 16 1013
DCM-MHD CITI'

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
........... I .... I...N.IM..I...............................................................1...........................
Filed For Registration:
Book:
09/1812002 11:18:01 AM
RE 3435 Page: 955-960
Document No.: 2002046261
ESMNT 6 PGS $26.00
NC REAL ESTATE EXCISE TAX: $10.00
Recorder: MARVIS ANN STORER
.......... »»..........................................................................................................
State of North Carolina, County of New Hanover
The foregoing certificate of TERESA P JETER Notary Is certified to be correct. This 18TH of September 2002
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By:
DeputylAselsWflf Register of Deeds
........»..............................................................................................................
*2002046261*
20020462
RECEIVED
JAN 16 2013
DEC 19 7„2
I)CM-M9D CITY

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
FOR REGISTRATION 1
E1
I5TER OF DEEDS
RESEOGA T GNRISTIAN
NEW HANGAR COUNTY. NG
2002 OCT 01 02:57:59 PM
BR:3464 PG:114.180 FEE429.00
NC REVENUE STOMP:S2.00
INSTRUMENT 12002050278
GENERAL UTILITY EASEMENT
MAP ID 314519611011000
PARCEL PID R07210005001000
PROJECT TRACT SEQUENCE 1170
INSTRUMENT PREPARED BYI Thomas C. Pollard
City Attorney
Poet Office Box 18
Wilmington, N.C. 28402
Telephone [phone]
THIS DEED OF BASEMENT, executed this the A',day of
20_e4, by and between John H. Stanley and wife,
Patricia 0. Stanley, whose address is l:�Sy'L'.,:IflftllaN.. Eane,;
Wilmington, NC 28409-3029, (hereinafter referred to as
-GRANTOR") and the City of Wilmington, a municipal corporation
organized and existing under the laws of the State of North
Carolina, whose Poet Office address is Poet Office Box 1810,
Wilmington, North Carolina 28402 (hereinafter referred to as
-GRANTEE";
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00)
and other valuable consideration paid by the GRANTEE to the
GRANTOR, receipt of which is hereby acknowledged, the GRANTOR
has bargained, sold and conveyed and by these presents does
hereby grant, bargain, sell and convey unto the GRANTEE, its
successors and assigns, the right, privilege and perpetual
right-of-way and easement over through, under and upon the
lands and premises hereinafter described for the purpose of
constructing, installing, inspecting, maintaining, repairing,
removing, extending, improving, replacing, building and/or
operating certain public water lines, sewer lines and related
appurtenances, said premises being a certain parcel or tract
of land located in New He>fitd^irtn idbunty, North Caroline, and
more particularly daec#ibed as follower
1170 JAN 16 2013
DCM-MRD MY

Parcel 1170, containing 403 SO. FT., as the name appears
on Sheet 1 of 6 of maps entitled , Masonboro Water and Sewer
Easements and Lift Station Parcels", duly recorded in Map Hook
42 at pages 364 through 370 of the New Hanover County
Registry, to which reference in made for a more complete
description of easement interest herein conveyed.
The above -described is a portion of the property conveyed
to GRANTOR by deed recorded in Hook 2015 Page 839 of New
Hanover County Registry.
TO HAVE AND TO HOLD said right-of-way and easement to
GRANTEE, its successors and assigns, forever. This right-of-
way and easement hereby granted is appurtenant to and rune
with the land now owned by the GRANTOR. It is understood and
agreed, however, that the duration of any temporary
construction easement conveyed herein, shall extend for the
period during which construction and inspection of the initial
facilities to be installed by the GRANTEE are underway, and
that from and after the GRANTEE's acceptance of the initial
facilities for operation, said temporary construction easement
shall expire and be of no further effect.
The GRANTOR reserves the right to grant easements to
other parties within the easement areas as shown on said plat
so long as ouch easements do not interfere with the GRANTEE's
use of the easement areas and the rights granted herein.
The facilities now in existence or to be placed over,
under, upon and across said right-of-way and easement shall
become and remain the property of the GRANTEE. The GRANTEE
shall have the right to construct, install, inspect, maintain,
repair, remove, extend, improve, replace, build and/or operate
these or new facilities and to make such changes and additions
to such facilities upon the easement and right-of-way as the
GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the
area of the perpetual easement and right-of-way clear of all
buildings or structures, trees, shrubs, bushes, stumps, roots,
undergrowth, or other vegetation as will in its judgment
interfere with the purposes of this Easement. The GRANTOR
expressly promises and agrees not to construct or allow to be
1170 2
b 20
DCM-MAD Crry

constructed any building, structure or other improvement, and
further promisee not to plant or allow to be planted any
trees, shrubs, bushes, undergrowth or other vegetation that
have root systems, which over a period of time, will grow to a
state which posse a threat of damaging the facilities
installed by the GRANTEE or which unreasonably impair the
GRANTEE's access to its facilities, or to otherwise permit
encroachment or interference with the GRANTEE'S rights
hereunder except as provided herein. It is expressly
understood and agreed, however, that the GRANTOR, its heirs,
successors and assigns, shall retain the right to cultivate
the ground lying within the boundaries of the right-of-way and
use said easement for any other lawful purpose provided,
however, that such cultivation or use shall not be
inconsistent with the rights herein granted to the GRANTEE,
and GRANTEE shall not be liable for any damages or lone due to
the exercise of its rights hereunder within its easement and
right-of-way except those arising out of the gross negligence
of the GRANTEE. It is understood and agreed that the GRANTOR,
its successors or assigns, shall comply with applicable
policies of the GRANTEE with regard to any new encroachments
within the boundaries of the easement herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or
otherwise using the above -described facilities, the GRANTER
shall have the right of ingress to and agrees from the
easement and right-of-way over ouch private roads, alleys,
ways or paths (hereinafter collectively referred to as
"private roads") as may now or hereafter exist on the property
of the GRANTOR. Any damages resulting to such private roads
from the use by the GRANTEE shall be repaired by the GRANTEE
at its expense. The right, however, is reserved to the
GRANTOR or its, successors and assigns to shift, relocate,
close or abandon such private roads at any time. If there are
no public or private roads reasonably convenient to the
easement and right-of-way, the GRANTEE shall have such right
of ingress and egress over the GRANTOR'S property adjacent to
the easement and right-of-way in ouch manner as shall occasion
RECEIVE
1170 3
INN 16 2013
DCM-MHD CITY

the least practicable damages and inconvenience to the
GRANTOR. The GRANTEE shall be liable for any consequential
damages directly resulting from its exercise of the right of
ingress and egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE
agrees that it will restore the surface of the land to its
approximate level prior to construction by fill or grading in
the course of construction or maintenance of the aforesaid
facilities so long as the name are not inconsistent with and
do not interfere with the rights herein granted to the
GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded by the
GRANTEE, but the GRANTEE shall not be responsible for
landscaping or otherwise improving the easement area. It is
understood and agreed that the execution and delivery of this
deed by the GRANTOR and its acceptance by the GRANTEE shall
not obligate the GRANTEE to construct or maintain any main,
line, pipe, lateral or other extension or permit any
connection to its water, sanitary newer, storm newer, drainage
or other public utilities system without payment of the
appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully
seized and possessed of the property described &hovel and that
it has good right and lawful authority to convey said easement
for the purposes herein expressedy and that GRANTOR for its
heirs, successors, executors, administrators, and assigns
covenants that it will warrant and defend said easement
against any and all claims and demands whatsoever, except for
encumbrances of record.
Use of the masculine gander herein includes the feminine
and neuter, and the singular number used herein shall equally
include the plural.
RECEIVED
1170 4
JAN 16 2013
DCM-MIID Crrx

IN WXTNESS NHSREOF, the GRANTOR has hereunto set its
hand and seal, the day and year first above written.
APPROVED AS TO FORM:
p
Cit Attorney
STATE OF —�P% Gro tAa
.. •'�Ila�rM'�1y
I, 1 )W7 H, ILUI&l , a Notary Public for said
County and State, do hereby certify that John H. Stanley,
Patricia G. Stanley Personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
N1 ass my hand and official seal. this the A day of
20 n
My Commission Expires: Notary lic
3 3��
RECEIVED
1170 5
JAN 16 2013
DCM-MHD CITY

THIS PAGE IS BEING RECORDED AT THE
REQUEST OF THE PERSONRECORDIIVG TO
COVER EXCESS FILING FEES
Maktl�,, P �ovlr RECORDER
4

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
...........NH .......... .......... 1...............................1................4.....I...................f.........
Filed For Registration: 10/07/2002 02:67:59 PM
Book: RE 3464 Page: 174480
Document No.: 2002050278
ESMNT 7 PGS $29.00
NC REAL ESTATE EXCISE TAX: $2.00
Recorder: MARVIS ANN STORER
........................................................................................................................
State of North Carolina, County of New Hanover
The foregoing certificate of DENIZ H WAHL Notary is certified to be correct. This 7TH of October 2002
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By/t AIYJC�/VTC Q/l
Deputy/Assfstant Register of Deeds
I......N.I.........N......I...I................................Ir....................................../.I.. N..........
*2002050278*
2002050278
RECEIVED
JAN 16 7013
DEC 19 20112
DCM.MHD CITY

, °300 W 4AACIArIr;
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
INSTRUMENT PREPARED BY:
dD
STD: $�-
11101111111111u
2003002776
[OR REST
STRRLION REGISTER OF DEEDS
NEYSww,. A CWTI RNC
2003 A 16 03.43 40 PM
BK 3607 PG 909-913 FEE $23 00
NC REV STW $6.30
INSiAWNT t 2003002176
GENERAL UTILITY EASEMENT
MAP ID 314519602856000
PARCEL PID R07210005003000
PROJECT TRACT SEQUENCE 1185
Thomas C. Pollard
City Attorney
Poet Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
THIS DEED OF EASEMENT, executed this the Lf day of Azen ,
200.(, by and between Stuart W. Point and wife, Cristine C. Point,
whose address is 300 Windchase Lane, Wilmington, NC 28409-3028,
(hereinafter referred to as "GRANTOR") and the City of Wilmington, a
municipal corporation organised and existing under the laws of the
State of North Carolina, whose Poet Office address is Poet Office Box
1810, Wilmington, North Carolina 28402 (hereinafter referred to as
^GRANTER"T
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and promisee hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public water lines, sewer lines and related
appurtenances, said promisee being a certain parcel or tract of land
located in New Hanover County, North Carolina, and more particularly
described as follows:
Parcel 2205, containing 389 SQ. FT., as the same appears on
Sheet 6 of 6 of maps entitled " Masonboro Water and Sewer
Easements and Lift Station Parcels", duly recorded in Map
Book 42 at Pages 364 through 370 of the New Hanover County
Registry, to which reference is made for a more complete
description of easement interest herein conveyed.
The above -described is a portion of the property conveyed to
GRANTOR by deed recorded in Book 1608 Page 752 of New Hanover County
Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE,
its successors and assigns, forever. This right-of-way and easement
hereby granted is appurtenant to and rune with the land now owned by
the GRANTOR. It is understood and agreed, however, that the duration
of any temporary construction easement conveyed herein, shall extend
for the period during which cons tlibc tiddl(kidEL'?<iepec tion of the initial
1185 V~Tft Q(fQlCAUMtA 1
JAN 16 2013
DC 61dv M CITY

facilities to be installed by the GRANTEE are underway, and that from
and after the GRANTEE's acceptance of the initial facilities for
operation, said temporary construction easement shall expire and be of
no further effect.
The GRANTOR reserves the right to grant easements to other
parties within the easement areas as shown on said plat so long as
such easements do not interfere with the GRANTEE'S use of the easement
areas and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend,
improve, replace, build and/or operate these or new facilities and to
make such changes and additions to such facilities upon the easement
and right-of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or
other vegetation as will in its judgment interfere with the purposes
of this Easement. The GRANTOR expressly promises and agrees not to
construct or allow to be constructed any building, structure or other
improvement, and further promisee not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation that have
root systems, which over a period of time, will grow to a state which
poses a threat of damaging the facilities installed by the GRANTEE or
which unreasonably impair the GRANTEE's access to its facilities, or
to otherwise permit encroachment or interference with the GRANTEE'S
rights hereunder except as provided herein. It is expressly
understood and agreed, however, that the GRANTOR, its heirs,
successors and assigns, shall retain the right to cultivate the ground
lying within the boundaries of the right-of-way and use said easement
for any other lawful purpose provided, however, that such cultivation
or use shall not be inconsistent with the rights herein granted to the
GRANTEE, and GRANTEE shall not be liable for any damages or lose due
to the exercise of its rights hereunder within its easement and right-
of-way except those arising out of the gross negligence of the
GRANTEE. It is understood and agreed that the GRANTOR, its successors
or assigns, shall comply with applicable policies of the GRANTEE with
regard to any new encroachments within the boundaries of the easement
herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or otherwise
using the above -described facilities, the GRANTEE shall have the right
of ingress to and egress from the easement and right-of-way over such
private roads, alleys, ways or paths (hereinafter collectively
referred to as "private roadsm) as may now or hereafter exist on the
property of the GRANTOR. Any damages resulting to such private roads
from the use by the GRANTEE shall be repaired by the GRANTEE at its
expense. The right, however, is reserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon such
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTEE
shall have such right of ingress and agrees over the GRANTOR'S
property adjacent to the easement and right-of-way in such manner as
shall occasion the least practicable damages and inconvenience to the
GRANTOR. The GRANTEE shall be liable for any consequential damages
directly resulting from its exercise of the right of ingress and
egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that
it will restore the surface of the land to its approximate level prior
1185 2
IAN 16 2013
DCM-MAD CITY

to construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded by the GRANTEE, but
the GRANTEE shall not be responsible for landscaping or otherwise
improving the easement area, It is understood and agreed that the
execution and delivery of this deed by the GRANTOR and its acceptance
by the GRANTEE shall not obligate the GRANTEE to construct or maintain
any main, line, pipe, lateral or other extension or permit any
connection to its water, sanitary sewer, storm sewer, drainage or
other public utilities system without payment of the appropriate
connection fees.
Said GRANTOR covenants and warrants that it is lawfully seised
and possessed of the property described abovei and that it has good
right and lawful authority to convey said easement for the purposes
herein expressed; and that GRANTOR for its heirs, successors,
executors, administrators, and assigns covenants that it will warrant
and defend said easement against any and all claims and demands
whatsoever, except for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its
hand and seal, the day and year first above written.
GRANTOR:/ ^
[SEAL)
Stuar V. Point
� [SEAL]
Cristine C. Point
APPROVED AB TO F S:
City Attorney
RECEIVED
pies 2i2
JAN 16 2013
DCM•MHD CITY

STATE OF nDvN (arDLlA-P,
I, MA V V 14t"�� , a Notary Public for said County
and state, do h reby certify that Stuart N. Point and Cristine C.
Point personally appeared before me this day and acknowledged the due
execution of the foregoing instrument. �/.a-
1 itrpa my O hand and official seal, 'J Athis the
'ZrT day of
Cf.c {M VV I U,yfn V � vV V
NotaryPublic
[Affix Seal / St=pj DGf 3j , ZdO t/
My Commission Expireer
RECEIVED
lies 4
JAN 16 2013
DChf ]WID CITY

REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
........................................................................................................................
Filed For Registration:
Book:
Document No.:
01/16/2003 03:43:40 PM
RE 3607 Page: 909-913
2003002776
ESMNT 5 PGS $23.00
NC REAL ESTATE EXCISE TAX: $6 00
Recorder: MARVIS ANN STORER
.............................................................................
State of North Carolina, County of New Hanover
The foregoing certificate of MARY V WILKINSON Notary is certified to be correct. This 16TH of January 2003
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By:')(� aAA n10 0-/"
Deputy/Assletam Register of Deeds
............................................................................................
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2003002776*,.0
2003002776 JAN 16 2013
DCM-MHD CITY

2g ��-5, Wi•�dalnasc ;
S-i
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
"I&k-1:1u:iLIVM J:i�17�-�FE
2003043363
GW REGISTRATION
1911 A
DEEDS
GMpCaiT Cw"NC
S3 TV,9,10:6" BK 3*6 PG W92 FEE $23.00
r REV STAMP SS N
1frSi0 4"M
GENERAL UTILITY EASEMENT
MAP ID 314519611297000
PARCEL PID R07200005004000
PROJECT TRACT SEQUENCE 1205
Thomas C. Pollard
City Attorney
Post Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
THIS DEED OF EASEMENT, executed this the _ day of u-1 ,
20_3, by and between Linda R. Bowden and husband Robert Henry Bowden,
Jr., whose address is 20221 Riverchase Drive, Cornelius, NC 28031,
(hereinafter referred to as "GRANTOR") and the City of Wilmington, a
municipal corporation organized and existing under the laws of the
State of North Carolina, whose Post Office address is Poet Office Box
1810, Wilmington, North Carolina 28402 (hereinafter referred to as
"GRANTEE";
W I T N E 5 S E T H:
For and in consideration of the Sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which in hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and premises hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public water lines, sewer lines and related
appurtenances, said premises being a certain parcel or tract of land
located in New Hanover County, North Carolina, and more particularly
described as follows,
4=61 1205,• containing 9069 SQ. FT., as the same appears
on Sheet 1 of 6 of maps entitled " Masonboro Water and
Sewer Easements and Lift Station Parcels^, duly recorded in
Map Book 42 at Pages 364 through 370 of the New Hanover
County Registry, to which reference is made for a more
complete description of easement interest herein conveyed.
The above -described is a portion of the property conveyed to
GRANTOR by deed recorded in Book 1575 Page 582 of New Hanover County
Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE,
its successors and assigns, forever. This right-of-way and easement
hereby granted is appurtenant to and rune with the land now owned by
the GRANTOR. It is understood and agreed, however, that the duration
of any temporary construction sa&AmAntF;Oonveyed herein, shall extend
for the period during which construction and inspection of the initial
1205
JAN 16 2013
1
DCM-MHD CITY

facilities to be installed by the GRANTEE are underway, and that from
and after the GRANTEE's acceptance of the initial facilities for
operation, said temporary construction easement shall expire and be of
no further effect.
The GRANTOR reserves the right to grant easements to other
parties within the easement areas as shown on said plat so long as
ouch eaaements do not interfere with the GRANTEE's use of the easement
areas and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend,
improve, replace, build and/or operate these or new facilities and to
make such changes and additions to such facilities upon the easement
and right-of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or
other vegetation as will in its judgment interfere with the purposes
of this Easement. The GRANTOR expressly promisee and agrees not to
construct or allow to be constructed any building, structure or other
improvement, and further promisee not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation that have
root systems, which over a period of time, will grow to a state which
ponen a threat of damaging the facilities installed by the GRANTEE or
which unreasonably impair the GRANTEE's access to its facilities, or
to otherwise permit encroachment or interference with the GRANTEE'S
rights hereunder except as provided herein. It in expressly
understood and agreed, however, that the GRANTOR, its heirs,
successors and assigns, shall retain the right to cultivate the ground
lying within the boundaries of the right-of-way and use said easement
for any other lawful purpose provided, however, that such cultivation
or use shall not be inconsistent with the rights herein granted to the
GRANTEE, and GRANTEE shall not be liable for any damages or lose due
to the exercise of its rights hereunder within its easement and right-
of-way except those arising out of the gross negligence of the
GRANTEE. It is understood and agreed that the GRANTOR, its successors
or assigns, shall comply with applicable policies of the GRANTEE with
regard to any new encroachments within the boundaries of the easement
herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or otherwise
using the above -described facilities, the GRANTEE shall have the right
of ingress to and agrees from the easement and right-of-way over such
private roads, alleys, ways or paths (hereinafter collectively
referred to as "private roads") as may now or hereafter exist on the
property of the GRANTOR. Any damages resulting to such private roads
from the use by the GRANTEE shall be repaired by the GRANTEE at its
expense. The right, however, is reserved to the GRANTOR or its,
successors and aeeigns to shift, relocate, close or abandon ouch
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTEE
shall have ouch right of ingress and agrees over the GRANTOR'S
property adjacent to the easement and right-of-way in such manner as
shall occasion the leant practicable damages and inconvenience to the
GRANTOR. The GRANTEE shall be liable for any consequential damages
directly resulting from its exercise of the right of ingress and
egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that
it will restore the surface of the nand to its approximate level prior
1205 2
JAN 16 aIJ
DC1d-VM1 CITY

to construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded by the GRANTEE, but
the GRANTEE shall not be responsible for landscaping or otherwise
improving the easement area. It is understood and agreed that the
execution and delivery of this deed by the GRANTOR and its acceptance
by the GRANTEE shall not obligate the GRANTEE to construct or maintain
any main, line, pipe, lateral or other extension or permit any
connection to its water, sanitary sewer, storm sewer, drainage or
other public utilities system without payment of the appropriate
connection fees.
Said GRANTOR covenants and warrants that it is lawfully seined
and possessed of the property described above; and that it has good
right and lawful authority to convey said easement for the purposes
herein expreesedi and that GRANTOR for its heirs, successors,
executors, administrators, and assigns covenants that it will warrant
and defend said easement against any and all claims and demands
whatsoever, except for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its
hand and seal, the day and year first above written.
APPROVED.
AS TO RM1
City Attorney
1205
GRANTOR:
(BRAE]
Lin a R. Bo den
/ (SEAL)
oHanBdWaen, Jr:. ---
RECEIVED
JAN 16 2013
3_._
DCM-MAD Crfy

STATE OF 1 Vl
ry.�,j
COUNTY OF � C1 I U
I ' hat a Notary Public for said County
and State, do hereby certify tnda E. Bowden, Robert Henry
Bowden, Jr. personally appeared before me this day and acknowledged
the due execution of the foregoing instrument.
i neee my d and official
20M.
[Affix Seal / Stamp]
Be
My Comnise
RECEIVED
1205 JAN 16 2013 4'. ...�
DCM-MAD CITY

REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
....................... ..... ................................ »...... f.............. ,... ............ ,»......
.........,,.
Filed For Registration:
Book:
Document No. -
NC REAL ESTATE EXCISE TAX:
Recorder:
0711012003 04:10:57 PM
RE 3886 Page: 88-92
2003043363
ESMNT 5 PGS $23.00
$28.00
JACQUELINE NELSON
•1f1M1HIH1 M... 1,1,Ntt11t1....f H.IIO....,1}tlff.................IH................. ,...........1f.............
State of North Carolina, County of New Hanover
The foregoing certificate of MARISSA W SANDRIDGE Notary is certified to be correct. This 10TH of July 2003
T
By:
of Deeds
OF DEEDS
..................................................I.........
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
* 2003 043 3 63EtD
2003043363 JAN 16 2013
DC!4f-MHD CITY

I'b•�1,
6
FOR RREBECCATI NCHRISTIAN OF DEEDS
REGISTER
�s
NEW NANOVER COUNTY, NC
2303 JUL 24 12:50 04 PM
BK.3911 PG 513-518 FEE:$26.00
NC REV STAMP $22 00
(Z INSiR INi 126103046893
STATE OF NORTH CAROLINA GENERAL UTILITY EASEMENT
MAP ID 314519612468000
COUNTY OF NEW HANOVER PARCEL PID R07210004008000
PROJECT TRACT SEQUENCE 1210
INSTRUMENT PREPARED BY: Thomas C. Pollard
tE7U" lb City Attorney
Poet Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
THIS DEED OF EASEMENT, executed this the day of
2003, by and between Mitchell Douglas Lee and wife, Laura` LeegRarris,
whose address is 224 Oyster Bay Lane, Wilmington, NC 28409,
(hereinafter referred to as "GRANTOR") and the City of Wilmington, a
municipal corporation organized and existing under the laws of the
State of North Carolina, whose Post Office address is Post Office Box
1810, Wilmington, North Carolina 28402 (hereinafter referred to as
"GRANTEE";
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and premises hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public water lines, sewer lines and related
appurtenances, said promisee being a certain parcel or tract of land
located in New Hanover County, North Carolina, and more particularly
described as follows:
See the Exhibit "A", attached hereto and incorporated
herein by reference.
The above -described is a portion of the property conveyed to
GRANTOR by deed recorded in Book 2395 Page 525 of New Hanover County
Registry.
TO HAVE AND TO HOLD said right-of-way a:d easement to GRANTEE,
its successors and assigns, forever. This right-of-way and easement
hereby granted is appurtenant to and runs with the land now owned by
the GRANTOR. It is understood and agreed, however, that the duration
of any temporary construction easement conveyed herein, shall extend
for the period during which construction and inspection of the initial
facilities to be installed by the GRANTEE are underway, and that from
and after the GRANTEE's acceptance of the initial facilities for
operation, said temporary construction easement shall expire and be of
no further effect. RECEIVEi
1210
JAN 16 2013
DCM-MM CITY

The GRANTOR reserves the right to grant easemente to other
parties within the easement areas as shown on said plat so long as
such easements do not interfere with the GRANTEE's use of the easement
areas and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend,
improve, replace, build and/or operate these or new facilities and to
make such changes and additions to such facilities upon the easement
and right-of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or
other vegetation as will in its judgment interfere with the purposes
of this Easement. The GRANTOR expressly promises and agrees not to
construct or allow to be constructed any building, structure or other
improvement, and further promises not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation that have
root systems, which over a period of time, will grow to a state which
poses a threat of damaging the facilities installed by the GRANTEE or
which unreasonably impair the GRANTEE'S access to its facilities, or
to otherwise permit encroachment or interference with the GRANTEE'S
rights hereunder except as provided herein. It is expressly
understood and agreed, however, that the GRANTOR, its heirs,
successors and assigns, shall retain the right to cultivate the ground
lying within the boundaries of the right-of-way and use said easement
for any other lawful purpose provided, however, that such cultivation
or use shall not be inconsistent with the rights herein granted to the
GRANTEE, and GRANTEE shall not be liable for any damages or lose due
to the exercise of its rights hereunder within its easement and right-
of-way except those arising out of the gross negligence of the
GRANTEE. It is understood and agreed that the GRANTOR, its successors
or assigns, shall comply with applicable policies of the GRANTEE with
regard to any new encroachments within the boundaries of the easement
herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or otherwise
using the above -described facilities, the GRANTEE shall have the right
of ingress to and egress from the easement and right-of-way over such
private roads, alleys, ways or paths (hereinafter collectively
referred to as "private roads") am may now or hereafter exist on the
property of the GRANTOR. Any damages resulting to such private roads
from the use by the GRANTEE shall be repaired by the GRANTEE at its
expense. The right, however, is reserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon such
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTEE
shall have such right of ingress and egress over the GRANTORIS
property adjacent to the easement and right-of-way in such manner as
shall occasion the least practicable damages and inconvenience to the
GRANTOR. The GRANTEE shall be liable fnr e-my consequential damages
directly resulting from its exercise of the right of ingress and
egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that
it will restore the surface of the land to its approximate level prior
to construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTEE. It is specifically agrAgg that any trees removed for
1210 2
JAN 16 2013
DC.NVNft CITY

construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded by the GRANTEE, but
the GRANTEE shall not be responsible for landscaping or otherwise
improving the easement area. It is understood and agreed that the
execution and delivery of this deed by the GRANTOR and its acceptance
by the GRANTEE shall not obligate the GRANTEE to construct or maintain
any main, line, pipe, lateral or other extension or permit any
connection to its water, sanitary sewer, storm sewer, drainage or
other public utilities system without payment of the appropriate
connection fees.
Said GRANTOR covenants and warrants that it is lawfully seized
and possessed of the property described above; and that it has good
right and lawful authority to convey said easement for the purposes
herein expressed; and that GRANTOR for its heirs, successors,
executors, administrators, and assigns covenants that it will warrant
and defend said easement against any and all claims and demands
whatsoever, except for encumbrances of record.
Use of the masculine gander herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its
hand and seal, the day and year first above written.
GRANTOR:
.n
+/4/60 [SEAL]
Mitchell Dougla$ Lee
[SEAL]
Laura Lee Harr
APPROVED AS TO FORM:
City Attorney
1210 RECEIVED r. is '-3 + _
JAN 16 2013
DCM VMD CITY

STATE OF
• i � -TAKOF
I, a Notary Public for said County
and State, do hereby certif that Mitchell Douglas Lee, Laura Lee
Harris personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Witness my hand and official seal, this the day of
a o p0.
(! otary Public
[Affix Seal/ Stamp]
My Commission Expires:
a of* S
Pp9,Nc .
RECEIVED
1210 JAN 16 2013 D-r4"
DC141dv M CITY

Permanent Easement
EXHIBIT "A"
Beginning at an iron pipe in the Southern line of the Cul-Dc-Sac at the end of
Oyster Bay Lane, said pipe being located South forty (40) degrees fifty-eight (58)
minutes twenty-five (25) seconds West forty -rune and fifty-nine one -hundredths (49.59)
feet from a concrete monument marking the center of said Cul-De-Sac, said monument
being shown on a map of Oyster Bay recorded in Map Book 19 at Page 86 of the New
Hanover County Registry, n mung thence from said beginning with a curve to the left
having a radius of 50 feet to an iron pipe, said pipe being South sixty-seven (67) degrees
thirty-four (34) minutes nineteen (19) second East a chord distance of thirty-one and
ninety-seven one -hundredths (31.97) from the preceding point, said point being
Northeastern comer of Lot 12 Oyster Bay, thence with the Eastern line of said Lot 12
South three (03) degrees fifty-nine (59) minutes twenty-five (25) seconds West twenty-
eight and thirty-six one -hundredths (28 36) feet to a point, thence South eleven (11)
degrees twenty (20) minutes thirty-one (31) seconds West one -hundred seventy-two and
ten one -hundredths (172 10) feet to a pomt, thence South twenty-four (24) degrees thirty-
three (33) minutes forty-three (43) seconds West three and seven one -hundredths (03 07)
feet to a point in the Southern line of said Lot 12, thence with the Southern line of Lot 12
South sixty-three (63) degrees fifty-seven (57) minutes forty (40) seconds East thirty-five
and forty-six one -hundredths (35.46) feet to a point, thence North eleven (11) degrees
twenty (20) minutes thtrty-one (31) seconds East two -hundred and thirty-seven one -
hundredths (200.37) feet to the point of beginning, containing 6,946 square feet of area
more or less and bemg a part of the aforementioned Lot 12 Oyster Bay. The above
described easement is shown on a map entitled Masonboro Sound Road Water and Sewer
and being sheet 2 of 7 by WK Dickson, a copy of said map is in the City of Wilmington
Engineering office
RECEIVED
JAN 16 7
DCM Mmi CITY

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
f1f.N,fNYfY111ff1fflflfYYff,t»Ifli.ff» ff If,flfiNll.,f„f,.tiff,lffYflf,»1Nf,Nf11ff1f»lfflfNf»f,f.,f.ff Nf1.1.
Filed For Registration: 07/2412003 12:50:04 PM
Book: RE 3911 Page. 513-518
Document No.: 2003046893
ESMNT 6 PGS $26.00
NC REAL ESTATE EXCISE TAX. $22 00
Recorder: AMANDA WEIR
f Nllf YffYN1NY1f1Nf IfiNlfNff»f Yf1fINilNffYNiflflfYN11fy1ifNNNfYYf Yfiffi.111ff1NffINlNfflf,fNNfiIfNYNf
State of North Carolina, County of Now Hanover
The foregoing certificate of JENNY S THOMPSON Notary Is certified to be correct. This 24TH of July 2003
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
BY
Deputy/A911111'""t Register of Deeds
,f.1fl»IfflNif,f.lfff,f»»,fff Yf»1»if»»»»f»fI»,f.fy.lf»
fffffflfNYf,Y1Nf1i.a..��
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING
*2003046893*
2003046893
RECENED
JAN 16 2013
'DEC
DM-MHD CffY

MINIMUM
2007028476
FOR REGISTRATION REGISTER OF DEEDS
REDECCR R 5"ITW
,
NEW WAN.. CALWTY. NO
2007 A 95 11 04.18 AM
BK 5191 PG 1949-1954 FEE $26.00
NC REV STAIN SM 00
UK,IRUM 9 N NMI
INSTRUMENT PREPARED BY Thomas C. Pollard
6 RETURN TO: City Attorney (Legal)
Post Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
STATE OF NORTH CAROLINA
GENERAL UTILITY EASEMENT
COUNTY OF NEW HANOVER PINS 3145-63-6121
3145-62-7963
I�„Ip 7919 Masonboro Sound Rd
AWLO, GL .C�. .,1. 'll+.�. 325 Seabreeze Blvd
THIS DEED OF EASEMENT, executed this the A- day of
2007, by and between Robert O. Hill, Jr. and wife, Nxnjk M. Hill of
2510 Trails End Drive, Kinston, County of Lenoir, State of North
Carolina (hereinafter referred to as "GRANTOR") and the City of
Wilmington, a municipal corporation organized and existing under the
laws of the State of North Carolina, whose Poet Office address is Post
Office Box 1810, Wilmington, North Carolina 28402 (hereinafter
referred to as "GRANTEE");
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and premises hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public water and sewer lines and related
appurtenances. In no event shall this easement allow GRANTEE to
construct, install, replace, build or extend public water and sewer
lines and related appurtenances above the surface of the ground on the
premises, except that the GRANTEE may install manholes flush with the
surface of the ground and a vent for the manhole consisting of a six-
inch diameter pipe extending six or seven feet above ground surface.
The vent pipe shall be located on or within one foot of the southerly
boundary of the easement. The GRANTOR shall be allowed to plant and
cultivate hushes and foliage, in the Easement Area immediately
adjacent to the vent pipe, necessary to conceal and disguise said vent
pipe. Said premises being a certain parcel or tract of land located in
New Hanover County, North Carolina, and more particularly described as
follows:
See Exhibit "A", attached hereto and incorporated
herein by reference (hereafter referred to as "Easement
Area"). RECEIVEC
1 JAN 16 2(1t1
DM-mm CITY

The above -described is a portion of the property conveyed to GRANTOR
by deeds recorded in Hook 4962, Page 113; Book 4962, Page 99; Book
4962, Page 119 and Book 4962, Page 105 of the New Hanover County
Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE,
its successors and assigns, forever. This right-of-way and easement
hereby granted is appurtenant to and runs with the land now owned by
the GRANTOR.
The GRANTOR reserves the right to grant easements to other
parties within the Easement Area as shown on said plats so long as
such easements do not interfere with the GRANTEE's use of the Easement
Area and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across said sight -of -way and easement pursuant to this instrument
shall become and remain the property of the GRANTEE. The GRANTEE
shall have the right to construct, install, inspect, maintain, repair,
remove, extend, improve, replace, build and/or operate those or new
facilities and to make such changes and additions to such facilities
upon the easement and right-of-way as the GRANTEE may deem advisable,
provided GRANTEE shall make, construct or place no structures that
would hinder or reduce in any respect the GRANTOR's view toward
Masonboro Sound. Nor shall the GRANTEE restrict GRANTOR's riparian
and/or littoral access in any manner, except during activities in
connection with the construction and maintenance of the public water
and sewer lines and appurtenances, and even then only to the limited
extent required for said activities. During any construction, repair,
or maintenance activity, the GRANTEE agrees that any materials or fill
dirt shall be placed or stockpiled on the side of the Easement Area
closest to Masonboro Sound in order to avoid any potential disturbance
of the existing oak trees on the GRANTOR's property.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or
other vegetation as will in its judgment interfere with the purposes
of this Easement. The GRANTOR expressly promises and agrees not to
construct or allow to be constructed any building, structure or other
improvement, and further promises not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation or to
otherwise permit encroachment or interference with the GRANTEE's
rights hereunder except as provided herein. The GRANTEE agrees that
during any construction and/or maintenance of public water and sewer
lines and appurtenances that it will not harm or destroy any trees
outside the Easement Area. To the extent permitted by law, the
GRANTEE shall indemnify GRANTOR against any harm to or destruction of
any trees outside the easement area as a result of the acts or
negligence of the GRANTEE during any construction and/or maintenance
activities. The indemnity shall include the replacement of any
destroyed trees with the largest reasonably commercially available
treea of comparable species. rt is expressly understood and agreed,
however, that the GRANTOR, its heirs, successors and assigns, shall
retain the right to cultivate the ground lying within the boundaries
of the right-of-way and use said easement for any other lawful
purpose; provided, however, that such cultivation or use shall not be
inconsistent with the rights herein granted to the GRANTEE, and
GRANTEE shall not be liable for any damages or lose due to the
exercise of its rights hereunder within its easement and right-of-way
except those arising out of the gross negligence of the GRANTEE.
2 .;AN 16 2013
DUM-Y-n CITY

By acceptance of this Deed of Easement, the GRANTEE agrees that
it will restore the surface of the land to its approximate level prior
to construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long an the name are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be needed or resodded by the
GRANTEE. The location of any plant materials installed by the GRANTOR
shall be such that the growth thereof shall not, over time, adversely
affect the GRANTEE's facilities within the boundaries of the easement
herein conveyed. It is understood and agreed that the execution and
delivery of this deed by the GRANTOR and its acceptance by the GRANTEE
shall not obligate the GRANTEE to construct any main, line, pipe,
lateral or other extension or permit any connection to its rater,
aanitary sewer, storm sewer, drainage or other public utilities system
without payment of the appropriate connection fees. However, if
GRANTEE does construct any of the afoxementioned structures, it shall
be required to maintain said structures and, to the extent permitted
by law, indemnify, hold harmless and defend the GRANTOR for any harm
to the GRANTOR or the premises, as a result of its failure to maintain
said structures.
Said GRANTOR reserves to itself any and all rights to the
premises not otherwise expressly conveyed herein.
Said GRANTOR covenants and warrants that he/she is lawfully
seized and posseaead of the property described above; and that he/she
has good right and lawful authority to convey said easement for the
purposes herein expressed; and that GRANTOR for his/her heirs,
successors, executors, administrators, and annigns covenants that
he/she will warrant and defend said easement against any and all
claims and demands whatsoever, except for encumbrances of record.
use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set his/her hand and
seal, the day and year first above written.
AYPBOVED AS TO S:
Ci Attorney
STATE OF NORTH CAROLINA
COUNTY OF j) i Al )'A)
I, Y"Afl M . AOtiPA, a Notary Public for said County
and State, do h reby certify that Robert O. Hill,Jr. and Nina M. Hill
3
JAN 16 20P
DOM-wriD C1Ty

personally appeared before me thin day and acknowledged the due
execution of the foregoing instr=ent.
n Witness my hand and official seal, this the � day of
, 2007.
My Commission Expires: �Q �p,�,Apit _2 .•}1NOoj y/,,',
Notary lic ?3118
, a01
d Zi
.e.w........
IIINININI••••••.
RECEIVED
JAN 16 2013
DCMAvL4D CITY

Exhibit "A"
Robert O. HMJr. et ux
Being that tract or parcel of land identified as Easement No. 2120, containing 3,393+
square feet on a map entitled "Masonboro Water & Sewer Easements & Lift Station
Parcels — Seabreeze Boulevard, Third Avenue & Benton Avenue" and enumerated Sheet
3 of 6, duly recorded in Map Book 51, Page 193 of the New Hanover County Registry,
incorporated herein by reference and to which map reference is hereby made for a more
complete description of said property.
Being that tract or parcel of land identified as Easement No. 2125, containing 10,354+
square feet on a map entitled "Masonboro Water & Sewer Easements & Lift Station
Parcels — Masonboro Road" and enumerated Sheet 4 of 6, duly recorded in Map Book 51,
Page 195 of the New Hanover County Registry, incorporated herein by reference and to
which map reference is hereby made for a more complete description of said property.
RECEIVED
I)Mf MHD CITY

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
--------------------------
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
06/05/2007 11:04:18 AM
RE 5191 Page: 1949-1954
2007028476
ESMNT 6 PGS $26.00
$140.00
CRESWELL, ANDREA
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2007025476*EIVED
2007028476 JAN l 6 2013
DC..Nf-?V:.9D CITY

2085o37193
FOR NEGI662PTION REG STEP OF DEEDS
NEYpNN10VER c0 IIC
2005 A 4 04:27: i7 PM
0KAM PG:1421-1425 FEE:E23.00
NC REV STFS49,00
(NSival t 2wlig
INSTRUMENT PREPARED BY Thomas C. Pollard
& RETURN TO: City Attorney (Legal)
Post Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Revenue s+nP.ps 0. -
GENERAL UTILITY EASEMENT
PIN 3145-63-9948
7859 Masonboro Sound Rd aka
5617 Dalkeith Rd
THIS DEED OF EASEMENT, executed this the (eL� day of
2005, by and between Robert B. Tibbetts and wife, Colleen S. ibbette
of 5617 Dalkeith Rd, Wilmington, County of New Hanover, State of North
Carolina (hereinafter referred to as "GRANTOR") and the City of
Wilmington, a municipal corporation organized and existing under the
laws of the State of North Carolina, whose Poet Office address is Poet
Office Box 1810, Wilmington, North Caroline 28402 (hereinafter referred
to as "GRANTEE";
W I T N E 8 9 E T HT
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTER to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successor& and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and premises hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public water and sewer lines and related
appurtenances, said premises being a certain parcel or tract of land
located in New Hanover County, North Carolina, and more particularly
described as followsx
See the Exhibit ^A attached hereto and incorporated
herein by reference.
The above -described is a portion of the property conveyed to GRANTOR by
dead recorded in Book 1474, Page 1836 of the New Hanover County
Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its
successors and assigns, forever. This right-of-way and easement hereby
granted is appurtenant to and runs with the land now owned by the
GRANTOR. RECEIVED
1 BAN 16 2013
DCM-MM CITY

The GRANTOR reserves the right to grant easements to other parties
within the easement areas as shown on said plat so long as ouch
easements do not interfere with the GRANTEE's use of the easement areas
and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend, improve,
replace, build and/or operate these or new facilities and to make such
changes and additions to such facilities upon the easement and right-
of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, atumps, roots, undergrowth, or other
vegetation as will in its judgment interfere with the purposes of this
Easement. The GRANTOR expressly promises and agrees not to construct
or allow to be constructed any building, structure or other
improvement, and further promises not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation or to
otherwise permit encroachment or interference with the GRANTER's rights
hereunder except as provided herein. It is expressly understood and
agreed, however, that the GRANTOR, its heirs, successors and assigns,
shall retain the right to cultivate the ground lying within the
boundaries of the right-of-way and use said easement for any other
lawful purpose; provided, however, that such cultivation or use shall
not be inconsistent with the rights herein granted to the GRANTEE, and
GRANTEE shall not be liable for any damages or lose due to the exercise
of its rights hereunder within its easement and right-of-way except
those arising out of the gross negligence of the GRANTEE.
For the purpose of constructing, inspecting, improving, replacing,
removing, maintaining, extending, repairing or otherwise using the
above -described facilities, the GRANTEE shall have the right of ingress
to and egress from the easement and right-of-way over such private
roads, alleys, ways or paths (hereinafter collectively referred to as
"private roads-) as may now or hereafter exist on the property of the
GRANTOR. Any and all construction activities and/or repair or
maintenance activities upon the premises conducted by GRANTEE shall be
conducted in a manner so as not to interfere with or impede the ongoing
business activities being conducted on the premises, by GRANTOR, its
successors or assigns or LESSEE. Any damages resulting to such private
roads from the use by the GRANTEE shall be repaired by the GRANTEE at
its expense. The right, however, is reserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon such
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTEE
shall have such right of ingress and egress over the GRANTOR'S property
adjacent to the easement and right-of-way in such manner as shall
occasion the least practicable damages and inconvenience to the GRANTOR
and shall not impede the ongoing business activities conducted on the
Premises by GRANTOR, its successors and assigns. The GRANTEE shall be
liable for any consequential damages directly resulting from its
exercise of the right of ingress and egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that it
will restore the surface of the land to its approximate level prior to
construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTEE. It is specifically that any trees removed for
construction or maintenance work will not be replaced. The
2 AN 16 2013
DCN-NHD CITY

construction or maintenance area shall be needed or resodded by the
GRANTEE. The location of any plant materials installed by the GRANTOR
shall be such that the growth thereof shall not, over time, adversely
affect the GRANTEE's facilities within the boundaries of the easement
herein conveyed. It is understood and agreed that the execution and
delivery of this deed by the GRANTOR and its acceptance by the GRANTEE
shall not obligate the GRANTEE to construct or maintain any main, line,
pipe, lateral or other extension or permit any connection to its water,
sanitary newer, storm sewer, drainage or other public utilities system
without payment of the appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully seized and
possessed of the property described above: and that it has good right
and lawful authority to convey said easement for the purposes herein
expressedt and that GRANTOR for its heirs, successors, executors,
administrators, and assigns covenants that it will warrant and defend
said easement against any and all claims and demands whatsoever, except
for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto not its hand and
seal, the day and year first above written.
a ORt
(SEAL]
Robert B. Tibbetts
`J rt/ yk&&/J [SEAL]
Colleen E. Tibbetts
APPROVED AS TO FORM
City Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Can 14n E • 41A W a Notary Public for said County and
State, dodo hereby eby csrtl t at Robert H. Tibbetts and Colleen E.
Tibbetts personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
i tness my hand and official seal, this the day of
2005.
My Commission Expires:
`y Notary lic u krEy
3
1iECEIVEll me �u
1 JAN 16 2013 '"°ygNO'�`'
DCSf- HD CITY

Exhibit "A"
General Utility Easement from Robert B. TibbeM et wr
to the City of Wilmington
Being that tract or parcel of land identified as Easement No. 2160 on a map entitled
"Masonboro Water & Sewer Easements & Lift Station Parcels — Masonboro Sound Road
& Dalkeith Road (Private)" and enumerated Sheet 5 of 6, duly recorded in Map Book 46
at Pages 267 through 268 of the New Hanover County Registry, incorporated herein by
reference and to which map reference is hereby made for a more complete description of
said property.
RECEIVED = -
JAN 16 2013 D`i 1 3 "?
DCM-MHD CITY

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
07/06/2005 04:27:17 PM
RE 4873 Page: 1421-1425
2005037193
ESMNT 5 PGS $23.00
$9.00
MARVIS ANN STORER
State of North Carolina, County of New Hanover
The foregoing certificate of CAROLYN E HUGHLEY Notary is certified to be correct. This 6TH of July 2005
REBECCA P. SMITH, REGISTER OF DEEDS
By: j as-'& M JA %fi
Deputy/AseiaMnt Register of Deeds
•1Hf HTItf HIfHHTHHHfIfHH1H11H11fIHtIIffNRHRHMRHtIHIf1HH1NfRRtfRfRyflf IHf11f fRHffH1H1Hf11ffMH
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2005037193*CEIVED
2005037193 AN 16 2013
DCM-M.9D CITY

Sw M ,
2
I3612009038923
FOR NE, MCyo PC REGISTER
RD OF DEEDS
BK:G93722 PG W-302 4423 pp
NC REV STAW $10 0p
14W t M23
INSTRUMENT PREPARED BY Thomas C. Pollard
& RETURN TO: City Attorney (Legal)
Poet Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PfA4"Up S j�10. ao
GENERAL UTILITY EASEMENT
PIN 3145-73-1940
5625 Dalkeith Rd
THIS DEED OF EASEMENT, executed this the day of
2005, by and between Joyce F. Southerland and husband, M. sy 0.
Southerland of 5625 Dalkeith Rd, Wilmington, County of New Hanover,
State of North Carolina (hereinafter referred to as "GRANTOR") and the
City of Wilmington, a municipal corporation organized and existing
under the laws of the State of North Carolina, whose Poet Office
address is Poet Office Box 1810, Wilmington, North Carolina 28402
(hereinafter referred to as "GRANTEE";
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by theme presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and premises hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public water and sewer lines and related
appurtenances, said premises being a certain parcel or tract of land
located in New Hanover County, North Carolina, and more particularly
described as follows:
See the Exhibit "A", attached hereto and incorporated
herein by reference.
The above -described is a portion of the property conveyed to GRANTOR by
deed recorded in Book 1984, Page 545 and re -recorded at Deed Book 1984,
Page 545 of the New Hanover County Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its
successors and assigns, forever. This right-of-way and easement hereby
granted is appurtenant to and rune with the land now owned by the
GRANTOR.
The GRANTOR reserves the right to grant easements to other parties
within the easement areas as shown on said plat so long an such
JAN 16 H13
1
DCM-MM CITY

easements do not interfere with the GRANTEE'S use of the easement areas
and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend, improve,
replace, build and/or operate these or new facilities and to make such
changes and additions to such facilities upon the easement and right-
of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or other
vegetation as will in its judgment interfere with the purposes of this
Easement. The GRANTOR expressly promisee and agrees not to construct
or allow to be constructed any building, structure or other
improvement, and further promises not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation or to
otherwise permit encroachment or interference with the GRANTEE's rights
hereunder except as provided herein. It is expressly understood and
agreed, however, that the GRANTOR, its heirs, successors and assigns,
shall retain the right to cultivate the ground lying within the
boundaries of the right-of-way and use said easement for any other
lawful purpose; provided, however, that such cultivation or use shall
not be inconsistent with the rights herein granted to the GRANTEE, and
GRANTEE shall not be liable for any damages or lose due to the exercise
of its rights hereunder within its easement and right-of-way except
those arising out of the gross negligence of the GRANTEE.
For the purpose of constructing, inspecting, improving, replacing,
removing, maintaining, extending, repairing or otherwise using the
above -described facilities, the GRANTEE shall have the right of ingress
to and egress from the easement and right-of-way over such private
roads, alleys, ways or paths (hereinafter collectively referred to as
-private roads") as may now or hereafter exist on the property of the
GRANTOR. Any and all construction activities and/or repair or
maintenance activities upon the premises conducted by GRANTEE shall be
conducted in a manner so as not to interfere with or impede the ongoing
business activities being conducted on the promisee, by GRANTOR, its
successors or assigns or LESSEE. Any damages resulting to such private
roads from the use by the GRANTEE shall be repaired by the GRANTEE at
its expense. The right, however, is reserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon such
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTEE
shall have such right of ingress and egress over the GRANTOR'S property
adjacent to the easement and right-of-way in such manner as shall
occasion the least practicable damages and inconvenience to the GRANTOR
and shall not impede the ongoing business activities conducted on the
premises by GRANTOR, its successors and assigns. The GRANTEE shall be
liable for any consequential damages directly resulting from its
exercise of the right of ingress and egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that it
will restore the surface of the land to its approximate level prior to
construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the Name are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shaljJEC"Vprq�*eded or resodded by the
GRANTEE. The location of any plant material' installed by the GRANTOR
2 JAN 16 2013
DCM-MHD CITY

shall be such that the growth thereof shall not, over time, adversely
affect the GRANTEE's facilities within the boundaries of the easement
herein conveyed. It is understood and agreed that the execution and
delivery of this deed by the GRANTOR and its acceptance by the GRANTEE
shall not obligate the GRANTEE to construct or maintain any main, line,
pipe, lateral or other extension or permit any connection to its water,
sanitary newer, storm sower, drainage or other public utilities system
without payment of the appropriate connection fees.
Said GRANTOR covenants and warrants that it in lawfully seized and
possessed of the property described above) and that it has good right
and lawful authority to convey said easement for the purposes herein
expressed; and that GRANTOR for its heirs, successors, executors,
administrators, and assigns covenants that it will warrant and defend
said easemont against any and all claims and demands whatsoever, except
for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and
seal, the day and year first above written.
GRANTOR:
GV r (SEAL]
Jo"�c"e F. Southerland
lkx'- t+. �_� ISEALI
Mickey G/. Southarland
APPROVED AS TO FORMS
Lp
City Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, /JRA-0 , a Notary Public for said County and
State, do hereby certify that Joyce F. Boutherland and Mickey G.
southerland personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
f
Witness my hand and official seal, this the � day of
2005.
My Commission Expires:
A'Eary Publi
OFFICIAL SEAL
�0//Y(I NetW PWY
NEW HAND INERCorC� OUNTY
BRAD SOU ERIAN
�Cumm� jnf41� )) y 0
RECEIVED
3 JAN 16 2013
DUM NHDCITY

Exhibit "A"
General Utility Easement from
Joyce F. Southerland and Mickey G. Southerland
to the City of Wilmington
Being that tract or parcel of land identified as Easement No. 2155 on a map entitled
"Masonboro Water & Sewer Easements & Lift Station Parcels — Masonboro Sound Road
& Dalkeith Road (Private)" and enumerated Sheet 5 of 6, duly recorded in Map Book 46
at Pages 267 through 268 of the New Hanover County Registry, incorporated herein by
reference and to which map reference is hereby made for a more complete description of
said property.
RECEIVED
JAN 16 2013
DCM-MHD CITY

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration
Book
Document No.
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
07/0612005 10:33:4.3 AM
RE 4872 Pago: 3968-3972
2005036923
ESMNT 5 PGS $23.00
$10.00
NANCY A SCOTT
State of North Carolina, County of New Hanover
The foregoing certificate of BRAD SOUTHERLAND Notary is certified to be correct. This 6TH of July 2005
REBECCA P. SMITH, REGISTER OF DEEDS
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2005036923rt*
WED
2005036923 JAN 16 2013
DCM-MHD CITY

.. - .... i 019111ITTO 1"M:... own «:.•.� wnr°.:
a't uf-'f"194-1 b16 (P-r7y
2 19 7 0843
Joao° WARY 90 errs IV ;1b S el z(
IIfa�Ta of �
xy Mu m m muff Now Haa evv coat, Cmdrad wf-
Prepmed by: Wanda M. Co*y. Canty Amy. New Hmover Canty, 320 CLeuom SucM
Suite 309. Wilauu North Carolina 2MOI
Tax Paired Nor. 0670L442WSI-M
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
THIS CONVEYANCE, made and entered this /2 dl` day of
/Vwu.faL . 19 92 by and between "VERENCE MASS AND RIFE
LAURA A- MASS hereinafter, ullod "Grmtd'; whether one m now totxvline or ferninino,
wrporue or indivi&W and NEW HANOVER COUNTY WATER AND SEWER DISTRICF,
414 Chestnut Street, Room 101. Vrdmiegaen, North Caroline 2g4o I, a body politic and Mpmat
of the State of North Carolina, hereinafter called District.
00011G WITN .SS TH:
That Grantor, for and in consideration of District's agreement to provide and maintain sewer
system to certain PrOPMti improved by Grantor, and other valuable consideration, has granted,
conveyed, bargained and sold and by these p esents does grant, bargain sell and convey unto
the District, its successors and assigns, certain propety, torte particWuiy described as follows:
All chase rights -Of -Ways and eases within Delkeith, as shown m the plats) thereof
recorded in the New Hanover Canty Registry in Map Boole 1916, Page 505 together with
all sewer mains, manholes, services, and appmtmmcrs and other personalty therein, being
valued at S6,600.00.
To have and to hold said property to District, its successors and assigns as utility easccx=.
473345
1 RURNED TO
I4
RECEIVED
JAN 18 2013
DCk—f MUD CITY

BOOR YAut
2 19 7 0844
New H� Cam Cwtrart 096-" i
And Gmmor coveoami that he (or it) is aeiad of amid utdity easements amid pcsocak and
has the right to convey the same, that the tame is bee atd claw of all rarambraoces whvboeva.
and that he or it will warrant and defend the title &war agaims the lawfd ckaims Of all Priam
whatsoever.
IN WITNESS WHEREOF, (,cantor has heralnto set this hand amid seal the day and year
first wrium
IAWRENCE MASS AND WIFE LAURA
A- MASS �f
BY:
STATEOFJrtt*A OWfiM
couNTY of N� Aa�
1, a Notary Public of the State and County aforesaid certify thm t — �ats
personally came before me that day and acknowledged the due exemdron of the foregoing
LaStrUEOCTIL
WITNESS my hand and official seal, this 1 day of o +.n br .19�sR
2
RECEIVED
JAN 16 2013 ['" 1; 9 2
DCM-M,4D CITY

2197 0815
New f1�Cotuly CoNract M96-41140
STATE OFe�Y.
COUNTY OFne,.J Aprnc,:ef
1, a Nomy PRbtic of the Sate and County aforesaid catify IM��S
pmwnally comma bdore Inc this dry and a-kmwkdgod the clue cxerutm of the foregoing
WAUV" nL
WITNESS my hand and official scal, this ' z—! day of�.lia..lk•r .19_qf¢:
My Com rawiton Expi :
�1 •
STATE OF NORTH CAROLINA
Nm Ilauovcr County
tee Fago.W � ceenr ",) or
A6lay (Noo.) held w . m1if
ten Wcmy or. 19L
Mary S.e Oon , em of Dead,
Y
eDulyll
RECEIVED
JAN 16 2013
DC-M-MAD CITY

200'5023 305IMaaNA
65FOR REGISTRATION REG]STER OG GEMS
Or RETIECW A "]TM
NOR NFNOVER C.11 NC
�\ 2005 MY 04 09 09 14 PM
\�" 8K 4189 PG 318-313 FEE: $26.00
NC REV STAMP:S23 00
II✓SiPH 1NMI
INSTRUMENT PREPARED BY Thomas C. Pollard
& RETURN TO: City Attorney (Legal)
Poet Office Box 1810
Wilmington. N.C. 28402
Telephone [phone]
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
/�eunux S¢c s 1 �23,"
GENERAL UTILITY EASEMENT
PIN 314SI5740108
7823 Masonboro Sound Rd
THIS DEED OF EASEMENT, executed this the 2��day of ACE `
•i
2005, by and between John W. Anagnost and wife, Kathleen Je ell of 5 E.
Fayetteville St, Wrightsville Beach and Claude H. MCAllister,Jr. and
wife, Nancy McAllister of 7823 Masonboro Sound Rd, Wilmington, County
of New Hanover, State of North Carolina (hereinafter referred to as
'GRANTOR-) and the City of Wilmington, a municipal corporation
organized and existing under the laws of the State of North Carolina,
whose Poet Office address is Poet Office Box 1810, Wilmington, North
Carolina 28402 (hereinafter referred to as "GRANTEE",
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which in hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and premises hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public sewer lines and related appurtenances, said
promisee being a certain parcel or tract of land located in New Hanover
County, North Carolina, and more particularly described as follows:
See the Exhibit "A", attached hereto and incorporated
herein by reference.
The above -described is a portion of the property conveyed to GRANTOR by
deed recorded in Book 2775, Page 818 and Book 2775, Page 821 of the New
Hanover County Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its
successors and assigns, forever. This right-of-way and easement hereby
granted is appurtenant to and rune with the land now owned by the
GRANTOR.
The GRANTOR reserves the right tRE@'E"easements to other parties
within the easement areas as shown on said plat so long as such
1 JAN 16 2013
DCM-MHD Cr1 Y

easements do not interfere with the GRANTEE'a use of the easement areas
and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTER shall have the right to
construct, install, inspect, maintain, repair, remove, extend, improve,
replace, build and/or operate these or new facilities and to make ouch
changes and additions to such facilities upon the easement and right-
of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, rcote, undergrowth, or other
vegetation as will in its judgment interfere with the purposes of this
Easement. The GRANTOR expressly promises and agrees not to construct
or allow to be constructed any building, structure or other
improvement, and further promisee not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation or to
otherwise permit encroachment or interference with the GRANTEE's rights
hereunder except as provided herein. It is expressly understood and
agreed, however, that the GRANTOR, its heirs, successors and assigns,
shall retain the right to cultivate the ground lying within the
boundaries of the right-of-way and use said easement for any other
lawful purpose; provided, however, that such cultivation or use shall
not be inconsistent with the rights herein granted to the GRANTER, and
GRANTEE shall not be liable for any damages or lose due to the exercise
of its rights hereunder within its easement and right-of-way except
those arising out of the gross negligence of the GRANTEE.
For the purpose of constructing, inspecting, improving, replacing,
removing, maintaining, extending, repairing or otherwise using the
above -described facilities, the GRANTER shall have the right of ingress
to and egress from the easement and right-of-way over such private
roads, alleys, ways or paths (hereinafter collectively referred to as
-private roads") as may now or hereafter exist on the property of the
GRANTOR. Any and all construction activities and/or repair or
maintenance activities upon the promisee conducted by GRANTEE shall be
conducted in a manner so as not to interfere with or impede the ongoing
business activities being conducted on the promisee, by GRANTOR, its
successors or assigns or LESSEE. Any damages resulting to such private
roads from the use by the GRANTEE shall be repaired by the GRANTEE at
its expense. The right, however, is reserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon such
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTEE
shall have such right of ingress and egress over the GRANTOR'S property
adjacent to the easament and right-of-way in such manner as shall
occasion the least practicable damages and inconvenience to the GRANTOR
and shall not impede the ongoing business activities conducted on the
promises by GRANTOR, its successors and assigns. The GRANTEE shall be
liable for any consequential damages directly resulting from its
exercise of the right of ingress and egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that it
will restore the surface of the land to its approximate level prior to
construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTER. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded or resodded by the
GRANTER. The location of any plant materials installed by the GRANTOR
2 JAiN 16 2013
. DC I MHD CITY

shall be such that the growth thereof shall not, over time, adversely
affect the GRANTEE's facilities within the boundaries of the easement
herein conveyed. It is understood and agreed that the execution and
delivery of this deed by the GRANTOR and its acceptance by the GRANTER
shall not obligate the GRANTER to construct or maintain any main, line,
pipe, lateral or other extenoion or permit any connection to its water,
sanitary sewer, otorm sewer, drainage or other public utilities system
without payment of the appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully seined and
possessed of the property described above and that it has good right
and lawful authority to convey said easement for the purposes herein
exprensedp and that GRANTOR for its heirs, successors, executors,
administrators, and assigns covenants that it will warrant and defend
said easement against any and all claims and demands whatsoever, except
for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and
seal, the day and year first above written.
GRANTOR,
(SEAL)
ohn W. Anagnost
(7
(SEAT.)
Kathleen Jewell
(SEAL)
Claude . S ister,J
Q�
�an
(SEAL)
c 1 later
APPROVED AS TO FORMS
City Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I , a Notary Public for said County and
State, do hereby er that John W. Anagnost and Kathleen Jewell
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
fitness my hand and official seal, this the C-(7 day of
2005.
My Commission Expires:
1
�,, Q AFa
JAN 16 201Q-.
,j.
ilCM-MHD CITY

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVRR
db �ry..-.i a Notary Public for said County and
State, hereby ertify that Claude H. McAllister,Jr. and Nancy
McAllister pereoaally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
tness my hand and official seal, this the day of
2005.
My Commission Rxpires:
®.199811m�z. al6Aozpuo9[ i aaellbe�r
.vb�H
RECEIVED
0 JAN 16 2013
DCM-MHD CITY

Eabibit "A"
General Utility Easement from John W. Anagnost et uz and
Claude H. McAllister,Jr, et ui to the City of Wilmington
Being that tract or parcel of land identified as Easement No. 2165 on a map entitled
"Masonboro Water & Sewer Easements & Lift Station Parcels — Masonboro Sound Road
& Dalkeith Road (Private)" and enumerated Sheet 5 of 6, duly recorded in Map Book 46
at Pages 267 through 268 of the New Hanover County Registry, incorporated herein by
reference and to which map reference is hereby made for a more complete description of
said property.
RECEIVED -
JAIL 16 2013 F-C 19 2]12
I? f-MHD CITY

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 05/04/2005 09:08:14 AM
Book: RE 4789 Page: 308.313
Document No.: 2005023305
ESMNT 6 PGS $26.00
NC REAL ESTATE EXCISE TAX: $23.00
Recorder: JACQUELINE NELSON
State of North Carolina, County of New Hanover
The foregoing certifica of JULIA M JONES Notary is certified to be correct. This 4TH of May 2005
REBECCCAA P. SMITH, RSTER OF DEEDS
By:
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2005023305 *.�
2005023305 JAN 16 2013 DEC 19 20112
DCM•MHD CITY

?,'lS Ift W&%
Zf?a n`
FOR REGISTRATION REGISTER OF DEEDS
RCRCCCR V N TM
,EY MRNOVCR COURY NC
2005 PAY 03 04 16:69 PM
8R:418B PG 937-941 FEE323.00
NC REV STX S21 80
15iRUMENi t NOS0P3PS9
INSTRUMENT PREPARED BY Thomas C. Pollard
& RETURN TO: City Attorney (Legal)
Poet Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
a
GENERAL UTILITY EASEMENT
PIN 314515740108
7815 Maeonboro Sound Road
THIS DEED OF EASEMENT, executed this the 2S-'6-day of _ r.1
2005, by and between John W. Anagnoet and wife, Kathleen Jewell of 5 E.
Fayetteville Street, Wrightsville Beach, County of New Hanover, State
of North Carolina (hereinafter referred to as 'GRANTOR-) and the City
of Wilmington, a municipal corporation organised and existing under the
laws of the State of North Carolina, whose Poet Office address is Poet
Office Box 1810, Wilmington, North Carolina 28402 (hereinafter referred
to ae "GRANTEE";
W I T N E S S E T HI
For and in consideration of the sum of one Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed end by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and promisee hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public Bower lines and related appurtenances, said
promisee being a certain parcel or tract of land located in New Hanover
County, North Carolina, and more particularly described as follows:
See the Exhibit "A", attached hereto and incorporated
herein by reference.
The above -described is a portion of the property conveyed to GRANTOR by
deed recorded in Book 1767, Page 929 of the New Hanover County
Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its
Successors and assigns, forever. This right-of-way and easement hereby
granted is appurtenant to and rune with the land now owned by the
GRANTOR.
The GRANTOR reserves the right to grant easements to other parties
within the easement areas as shown on said plat so long as such
RECEIVED
1
JAN 16 2013
DCM-MHD CITY

easements do not interfere with the GRANTEE,a Una of the easement areas
and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend, improve,
replace, build and/or operate these or new facilities and to make such
changes and additions to such facilities upon the ensement and right-
of-way as the GRANTEE may deem advisable.
The GRANTER shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or other
vegetation as will in its judgment interfere with the purposes of this
Easement. The GRANTOR expressly promises and agrees not to construct
or allow to be constructed any building, structure or other
improvement, and further promisee not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation or to
Otherwise permit encroachment or interference with the GRANTEE's rights
hereunder except as provided herein. It is expressly understood and
agreed, however, that the GRANTOR, its heirs, successors and assigns,
shall retain the right to cultivate the ground lying within the
boundaries of the right-of-way and use said easement for any other
lawful purpose; provided, however, that such cultivation or use shall
not be inconsistent with the rights herein granted to the GRANTER, and
GRANTER shall not be liable for any damages or lose due to the exercise
Of its rights hereunder within its easement and right-of-way except
those arising out of the gross negligence of the GRANTEE.
For the purpose of constructing, inspecting, improving, replacing,
removing, maintaining, extending, repairing or otherwise using the
above -described facilities, the GRANTER shall have the right of ingress
to and agrees from the easement and right-of-way over such private
roads, alleys, ways or paths (hereinafter collectively referred to an
'private roads-) as may now or hereafter exist on the property of the
GRANTOR. Any and all construction activities and/or repair or
maintenance activities upon the promisee conducted by GRANTER shall be
conducted in a menaer so as not to interfere with or impede the ongoing
business activities being conducted on the promisee, by GRANTOR, its
successors or assigns or LESSEE. Any damages resulting to such private
roads from the use by the GRANTEE shall be repaired by the GRANTER at
its expense. The right, however, in reserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon such
private roads at any time. I£ there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTER
shall have such right of ingress and egress over the GRANTOR'S property
adjacent to the easement and right-of-way in such manner as shall
occasion the least practicable damages and inconvenience to the GRANTOR
and shall not impede the ongoing business activities conducted on the
premises by GRANTOR, its successors and assigns. The GRANTEE shall be
liable for any consequential damages directly resulting from its
exercise of the right of ingress and agrees over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that it
will restore the surface of the land to its approximate level prior to
construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTER. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded or resodded by the
GRANTEE. The location of any plant ma}#;..inetalled by the GRANTOR
2
JAN l 6 n.
D0M-1N,1D CITY

shall be such that the growth thereof shall not, over time, adversely
affect the GRANTEE's facilities within the boundaries of the easement
herein conveyed. It is understood and agreed that the execution and
delivery of this dead by the GRANTOR and its acceptance by the GRANTER
shall not obligate the GRANTEE to construct or maintain any main, line,
pipe, lateral or other extension or permit any connection to its water,
sanitary sewer, storm sewer, drainage or other public utilities system
without payment of the appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully seized and
possessed of the property described above: and that it has good right
and lawful authority to convey said easement for the purposes herein
expressed; and that GRANTOR for its heirs, successors, executors,
administrators, and assigns covenants that it will warrant and defend
said easement against any and all claims and demands whatsoever, except
for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and
seal, the day and year first above written.
\GRANTOR:�/�`
..►0... 0 1 1:WVLA-11h-f [BEAU
\q hn W. Anagaoet
(SEAL]
Kathleen Jewell
APPROVED AS TO ORN;
c
City Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I a Notary Public for said County and
State, hereby ertify that John N. Aaaghoet and Kathleen Jewell
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
/� itaeae my hand and official seal, this theday of
2005.
My Commission Expi3# �ZAQ N
— C
m.199BMn.i. W�.Av.QnO.[
RECEIVED
a
JAN 16 2013
DCM-MHD C"

Exhibit "A"
General Utility Easement from John W. Anagnost and wife, Kathleen Jewell
to the City of Wilmington
Being that tract or parcel of land identified as Easement No. 2170 on a map entitled
"Masonboro Water & Sewer Easements & Lift Station Parcels — Masonboro Sound Road
& Daikeith Road (Private)" and enumerated Sheet 5 of 6, duly recorded in Map Book 46
at Pages 267 through 268 of the New Hanover County Registry, incorporated herein by
reference and to which map reference is hereby made for a more complete description of
said property.
RECEIVED
JAN 16 2013
DCM•MHD C1Ty

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
OS10312005 04:16:09 PM
RE 4788 Page: 937-941
2005023259
ESMNT 5 PGS $23.00
$21.00
ANDREAFULFORD
State of North Carolina, County of New Hanover
The foregoing certificate of JULIA M JONES Notary is certified to be correct. This 3 RD of May 2005
REBECCA P. SMITH, REGISTER OF DEEDS
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2005023259*
RECEIVED
2005023259
JAI� 16 M3
DC'r1-34.1ID CITY

�!LI!11111111
'OR REO tRIRRi IOR REOt6TER OF MEOS
NEYRNROONOVER COLNBYt NO
2084 OCT 04 12:07:01 PM
8K 4515 PG 79e-802 FEE:S23.00
NC REV SIN $17,00
VRI T t W314
Ap 11, 10 ;/
ZIP
INSTRUMENT PREPARED BY Thomas C. Pollard
6 RETURN TO: City Attorney (Legal)
Post Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
n
FYMM G2 `S-fa ps - J 0. 10
GENERAL UTILITY EASEMENT
PIN 314SB40090000
7807 Masonboro Sound Rd
THIS DEED OF EASEMENT, executed this the 1 0 Tday of 44.
2004, by and between Kenneth P. Rolling and wife ,�� �4�11aa .Rolling of
6304 Mitchell Hollow Rd, Charlotte, County of �%YU.c4Q : , State
of North Carolina (hereinafter referred to as "GRANTOR") d the City
of Wilmington, a municipal corporation organized and exist' g under the
laws of the State of North Carolina, whose Post Office address is Post
Office Box 1810, Wilmington, North Carolina 28402 (hereinafter referred
to as "GRANTEE";
W I T N E S S E T H:
For and in consideration of the sum of One Dollar (81.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual sight -of -way and easement over through,
under and upon the lands and premises hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public sewer lines and related appurtenances, said
premises being a certain parcel or tract of land located in Now Hanover
County, North Carolina, and more particularly described as follows:
See the Exhibit "A", attached hereto and incorporated
herein by reference.
The above -described is a portion of the property conveyed to GRANTOR by
deed recorded in Book 3374, Page 44 of the New Hanover County Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its
successors and assigns, forever. This right-of-way and easement hereby
granted is appurtenant to and runs with the land now owned by the
GRANTOR.
The GRANTOR reserves the right to grant easements to other parties
within the easement areas as shown on said plat so long as such
easements do not interfere with the GRANTEE's use of the easement areas
and the rights granted herein.
RECEIVED
1
1 6 2013
DCM-MRD CITY

The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend, improve,
replace, build and/or operate these or new facilities and to make such
changes and additions to such facilities upon the easement and right-
of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or other
vegetation as will in its judgment interfere with the purposes of this
Easement. The GRANTOR expressly promises and agrees not to construct
or allow to be constructed any building, structure or other
improvement, and further promises not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation or to
otherwise permit encroachment or interference with the GRANTEE's rights
hereunder except as provided herein. It is expressly understood and
agreed, however, that the GRANTOR, its heirs, successors and assigns,
shall retain the right to cultivate the ground lying within the
boundaries of the right-of-way and use said easement for any other
lawful purpose; provided, however, that such cultivation or use shall
not be inconsistent with the rights herein granted to the GRANTEE, and
GRANTEE shall not be liable for any damages or loss due to the exercise
of its rights hereunder within its easement and right-of-way except
those arising out of the gross negligence of the GRANTEE.
For the purpose of constructing, inspecting, improving, replacing,
removing, maintaining, extending, repairing or otherwise using the
above -described facilities, the GRANTEE shall have the right of ingress
to and egress from the easement and right-of-way over such private
roads, alleys, ways or paths (hereinafter collectively referred to as
"private roads") as may now or hereafter exist on the property of the
GRANTOR. Any and all construction activities and/or repair or
maintenance activities upon the premises conducted by GRANTEE shall be
conducted in a manner so as not to interfere with or impede the ongoing
business activities being conducted on the premises, by GRANTOR, its
successors or assigns or LESSEE. Any damages resulting to such private
roads from the use by the GRANTEE shall be repaired by the GRANTEE at
its expense. The right, however, is reserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon such
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-cf-way, the GRANTEE
shall have such right of ingress and egress over the GRANTOR'S property
adjacent to the easement and right-of-way in such manner as shall
occasion the least practicable damages and inconvenience to the GRANTOR
and shall not impede the ongoing business activities conducted on the
premises by GRANTOR, its successors and assigns. The GRANTEE shall be
liable for any consequential damages directly resulting from its
exercise of the right of ingress and egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that it
will restore the surface of the land to its approximate level prior to
construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein granted
to the GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded or resodded by the
GRANTEE. The location of any plant materials installed by the GRANTOR
shall be such that the growth thereof shall not, over time, adversely
affect the GRANTEE's facilities within the boundaries of the easement
herein conveyed. It is understood and agreed that the execution and
RH I.,
2
JAN 16 2013
DCM•MM CITY

delivery of this deed by the GRANTOR and its acceptance by the GRANTEE
shall not obligate, the GRANTEE to construct or maintain any main, line,
pipe, lateral or other extension or permit any connection to its water,
sanitary sewer, storm sewer, drainage or other public utilities system
without payment of the appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully seized and
possessed of the property described above; and that it has good right
and lawful authority to convey said easement for the purposes herein
expressed; and that GRANTOR for its heirs, successors, executors,
administrators, and assigns covenants that it will warrant and defend
said easement against any and all claims and demands whatsoever, except
for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has herounto set its hand and
seal, the day and year first above written.
�1"4
[SEAL]
Kenneth P. Koolllli�9ng
/ylfii%: k •9C i(�i, . [SEAL]
Hazy A Rolling
APFRO TO FORM:
City Attorney
STATE OF HORWH CAROLINA
COUNTY OF 434--r4q—
I jt ,i&— ry E�" , a Notary Public for said County and
State, do hereby oertiffy that Kenneth P. Rolling and Nary A. Rolling
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
L •Witness my hand and official seal, this the 12SO day of
�lanJ,. 2004.
My Commission Expires:
IO50V
®.1)9�. =."I Lin,
1
h
3
JAN 16 2013
nc:.M-ern c]Ty

Exhibit "A"
General Utility Easement from Kenneth P. Kolling
and wife, Mary A. Kolling to the City of Wilmington
Being that tract or parcel of land identified as Easement No. 2175 on a map entitled
"Masonboro Water & Sewer Easements & Lift Station Parcels — Masonboro Sound Road
& Dalkeith Road (Private)" and enumerated Sheet 5 of 6, duly recorded in Map Book 46
at Pages 267 through 268 of the New Hanover County Registry, incorporated herein by
reference and to which map reference is hereby made for a more complete description of
said property.
RECEIVED SEC 192012
AN 16 2013 "CM
N, plc
DCM-MM CITY

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
Nf N1NIN111fNN1f11N1NNINNNN1111f NNIINNNNN11Mf1f f NIfN1NMf
10/04/2004 12:07:01 PM
RE 4515 Page: 798-802
2004053129
ESMNT 5 PGS $23.00
$17.00
JACQUELINE NELSON
State of North Carolina, County of New Hanover
The foregoing certificate of INDA M HYATT Notary Is certified to be correct. This 4TH of October 2004
REBEC�►T. CH(iISTIAN „ %G TER OF DEEDS
By:
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2004053129*
2004053129 RECEIVED a�tr t 9
JAN 16 2013
DCM-IMHD CITY

Igo( /t�"Pv Sow
U�
2H84061261
FOR REGISTRATION AEG107ER OF DEEDS
REBECCA ! CNRISTIRN
NEY MANOVER COUNTY NC
2004 SEP 23 03:54 �9 PM
BK 4502 PG 114-118 FEE $23.00
NC REV STPIP $23.00
ICUR It WIN
INSTRUMENT PREPARED BY Thomas C. Pollard
6 RETURN TO: City Attorney (Legal)
Post Office Box 1810
Wilmington, N.C. 29402
Telephone [phone]
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
&,jeG tit_ StOA—f5 113."
GENERAL UTILITY EASEMENT
PIN 3145040195000
7801 Masonboro Sound Rd
THIS DEED OF EASEMENT, executed this the 2_' $ay of
2004, by and between Walter Lee Crouch,Jr. and wife, Melinda H.Crouch
of 4 Island Drive, Wrightsville Beach, County of New Hanover, State of
North Carolina (hereinafter referred to as "GRANTOR") and the City of
Wilmington, a municipal corporation organized and existing under the
laws of the State of North Carolina, whose Post Office address is Post
Office Box 1810, Wilmington, North Carolina 28402 (hereinafter referred
to as "GRANTEE";
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and premises hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public sewer lines and related appurtenances, said
premises being a certain parcel or tract of land located in New Hanover
County, North Carolina, and more particularly described as follows:
See the Exhibit "A", attached hereto and incorporated
herein by reference.
The above -described is a portion of the property conveyed to GRANTOR by
deed recorded in Book 1959, Page 512 of the New Hanover County
Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its
successors and assigns, forever. This right-of-way and easement hereby
granted is appurtenant to and runs with the land now owned by the
GRANTOR.
The GRANTOR reserves the right to grant easements to other parties
within the easement areas as shown on said plat so long as such
easements do not interfere with the GRANTEZFOEA" of the easement areas
and the rights granted herein.
JAN 16 201'
DCM-M-.EID CITY

The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend, improve,
replace, build and/or operate these or new facilities and to make such
changes and additions to such facilities upon the easement and right-
of-way as the GRANTEE may doem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or other
vegetation as will in its judgment interfere with the purposes of this
Easement. The GRANTOR expressly promises and agrees not to construct
or allow to be constructed any building, structure or other
improvement, and further promises not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation or to
otherwise permit encroachment or interference with the GRANTEE's rights
hereunder except as provided herein. It is expressly understood and
agreed, however, that the GRANTOR, its heirs, successors and assigns,
shall retain the right to cultivate the ground lying within the
boundaries of the right-of-way and use said easement for any other
lawful purpose; provided, however, that such cultivation or use shall
not be inconsistent with the rights herein granted to the GRANTEE, and
GRANTEE shall not be liable for any damages or loss due to the exercise
of its rights hereunder within its easement and right-of-way except
those arising out of the gross negligence of the GRANTEE.
For the purpose of constructing, inspecting, improving, replacing,
removing, maintaining, extending, repairing or otherwise using the
above -described facilities, the GRANTEE shall have the right of ingress
to and egress from the easement and right-of-way over such private
roads, alleys, ways or paths (hereinafter collectively referred to as
"private roads") as may now or hereafter exist on the property of the
GRANTOR. Any and all construction activities and/or repair or
maintenance activities upon the premises conducted by GRANTEE shall be
conducted in a manner so as not to interfere with or impede the ongoing
business activities being conducted on the promises, by GRANTOR, its
successors or assigns or LESSEE. Any damages resulting to such private
roads from the use by the GRANTEE shall be repaired by the GRANTEE at
its expense. The right, however, is reserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon such
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTEE
shall have such right of ingress and egress over the GRANTOR'S property
adjacent to the easement and right-of-way in such manner as shall
occasion the least practicable damages and inconvenience to the GRANTOR
and shall not impede the ongoing business activities conducted on the
premises by GRANTOR, its successors and assigns. The GRANTEE shall be
liable for any consequential damages directly resulting from its
exercise of the right of ingress and egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that it
will restore the surface of the land to its approximate level prior to
construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein grantod
to the GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded or resodded by the
GRANTEE. The location of any plant materials installed by the GRANTOR
shall be such that the growth thereof shall not, over time, adversely
affect the GRANTEE's facilities withinlvboundaries of the easement
2
1. 6 %f�j I J
DC 4f-MHD CITY

herein conveyed. It is understood and agreed that the execution and
delivery of this deed by the GRANTOR and its acceptance by the GRANTEE
shall not obligate the GRANTEE to construct or maintain any main, line,
pipe, lateral or other extension or permit any connection to its water,
sanitary sower, storm sewer, drainage or other public utilities system
without payment of the appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully seized and
possessed of the property described above; and that it has good right
and lawful authority to convey said easement for the purposes herein
expressed; and that GRANTOR for its heirs, successors, executors,
administrators, and assigns covenants that it will warrant and defend
said easement against any and all claims and demands whatsoever, except
for encumbrances of record.
use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto net its hand and
seal, the day and year first above written.
GRANTOR:
[SEAL]
Walter Lee_Crfouch,Jrx.
do �'&wll/�_ [SEAL]
Melinda H. Crouch
=AM:
City Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, ,p- i .rt� Notary Public for said County and
State, o h4aaby certify that Walter Lee Crouch,Jr. and Melinda H.
Crouch personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Witness lmy hand and official seal, this the a3 day of
7 2004.
;NLte}((,� Expires:
Notaryjublic
U a 0
�.uw�r..sw.cewa,ae.
3
RECEIVED
JA N 16 201:;
DCM-MM C1Ty

Exhibit "A"
General Utility Easement from Walter Lee CrouchJr.
and wife Melinda H. Crouch to the City of Wilmington
Being that tract or parcel of land identified as Easement No. 2180 on a map entitled
"Masonboro Water & Sewer Easements & Lift Station Parcels — Masonboro Sound Road
& Dalkeith Road (Private)" and enumerated Sheet 5 of 6, duly recorded in Map Book 46
at Pages 267 through 268 of the New Hanover County Registry, incorporated herein by
reference and to which map reference is hereby made for a more complete description of
said property.
DEC 19 2012
RECEIVED
BAN 16 2013
nctiz- 1�cfTV

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Hf NfaNfffNaf NfN1fHY1f1'Ifflflffyfllf NlflffNNlafHHfffff Nllf .NfNaNHHHaYNfHHffafaYRlallfafff.NHH1ff
Filed For Registration:
Book:
Document No.
NC REAL ESTATE EXCISE TAX:
Recorder:
09/23/2004 03:54:09 PM
RE 4502 Page: 174-178
2004051261
ESMNT 5 PGS $23.00
$23.00
NANCY A SCOTT
NNH,H...,..a.HN.....N,.N....«..H,..,.H.H.H...,H.H..............H.H.H.HN,........H..N........,.....
State of North Carolina, County of New Hanover
The foregoing certificate of ELIZABETH B LAMKIN Notary Is certified to be correct. This 23 RD of September
2004
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2004051261*
RECEIVED
2004051261
JAN 16 2013
DCM-MHD CITY

r
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
INSTRUMENT PREPARED BY:
STAMPS. $ Z °'
i0R REOIS lRRT IOM REG 6TER OI OEEpS
KV�Wit:OVER Ea.NTY�RryO
2002 DEC 84 12:18:49 PM
80551 PG:54-59 FEE326.08
1M6TT 12g 2061949STAPP:tt.00
RUM
GENERAL UTILITY EASEMENT
MAP ID 314512758108000
PARCEL PID R06700002058000
PROJECT TRACT SEQUENCE 2200
Thomas C. Pollard
City Attorney
Poet Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]
THIS DEED OF EASEMENT, executed this the LL 9i day of
ove rhbfr 20_aL, by and between William P. Rawls and wife,
H. Sue Rawls & John E. Bryant, Jr. and wife, Sherry W. Bryant,
whose address is 7639 Masoaboro Sound Road, Wilmington, NC
28409-2668, (hereinafter referred to as "GRANTOR") and the
City of Wilmington, a municipal corporation organized and
existing under the laws of the State of North Carolina, whose
Poet Office address is Poet Office Box 1810, Wilmington, North
Carolina 28402 (hereinafter referred to as "GRANTEE";
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00)
and other valuable consideration paid by the GRANTEE to the
GRANTOR, receipt of which is hereby acknowledged, the GRANTOR
has bargained, sold and conveyed and by these presents does
hereby grant, bargain, sell and convey unto the GRANTEE, its
successors and assigns, the right, privilege and perpetual
right-of-way and easement over through, under and upon the
lands and premises hereinafter described for the purpose of
constructing, installing, inspecting, maintaining, repairing,
removing, extending, improving, replacing, building and/or
operating certain public water lines, sewer lines and related
appurtenances, said premises being a certain parcel or tract
of land located in New Hanover County, North Carolina, and
RI{ �'c)l
more particularly described ad -fo owe:
2200 RLRWM CAU= A CAUXK AITORMEYS 1
Jt 16 2013
DCM-MHD CITY

Parcel 2200, containing 339 SQ. PT., as the same appears
on Sheet 6 of 6 of maps entitled " Masonboro water and Sewer
Easements and Lift Station Parcels", duly recorded in Map Book
42 at Pages 364 through 370 of the New Hanover County
Registry, to which reference is made for a more complete
description of easement interest herein conveyed.
The above -described is a portion of the property conveyed
to GRANTOR by deed recorded in Book 1301 Page 1219 and Deed
Book 1309 Pago 1053 of New Hanover County Registry.
TO HAVE AND TO HOLD said right-of-way and easement to
GRANTEE, its successors and asaigns, forever. This right-of-
way and easement hereby granted is appurtenant to and rune
with the land now owned by the GRANTOR. It is understood and
agreed, however, that the duration of any temporary
construction easement conveyed herein, shall extend for the
period during which construction and inspection of the initial
facilities to be installed by the GRANTEE are underway, and
that from and after the GRANTEE's acceptance of the initial
facilities for operation, said temporary construction easement
shall expire and be of no further effect.
The GRANTOR reserves the right to grant easements to
other parties within the easement areas as shown on said plat
so long as such easements do not interfere with the GRANTEE's
use of the easement areas and the rights granted herein.
The facilities now in existence or to be placed over,
under, upon and across said right-of-way and easement shall
become and remain the property of the GRANTEE. The GRANTEE
shall have the right to construct, install, inspect, maintain,
repair, remove, extend, improve, replace, build and/or operate
these or new facilities and to make such changes and additions
to such facilities upon the easement and right-of-way as the
GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the
area of the perpetual easement and right-of-way clear of all
buildings or structures, trees, shrubs, bushes, stumps, roots,
undergrowth, or other vegetation as will in its judgment
interfere with the purposes of this Easement. The GRANTOR
expressly promisee and agrees not to construct or allow to be
kECEIV:
2200 2
JAN 16 2013
DCM-MIIM CITY

constructed any building, atructure or other improvement, and
further promisee not to plant or allow to be planted any
trees, shrubs, bushes, undergrowth or other vegetation that
have root systems, which over a period of time, will grow to a
state which poses a threat of damaging the facilities
installed by the GRANTEE or which unreasonably impair the
GRANTEE's access to its facilities, or to otherwise permit
encroachment or interference with the GRANTEE'S rights
hereunder except an provided herein. It is expressly
understood and agreed, however, that the GRANTOR, its heirs,
successors and assigns, shall retain the right to cultivate
the ground lying within the boundaries of the right-of-way and
use said easement for any other lawful purpose provided,
however, that such cultivation or use shall not be
inconsistent with the rights herein granted to the GRANTEE,
and GRANTEE shall not be liable for any damages or loss due to
the exercise of its rights hereunder within its easement and
right-of-way except those &rising out of the gross negligence
of the GRANTEE. It is understood and agreed that the GRANTOR,
its successors or assigns, shall comply with applicable
policies of the GRANTEE with regard to any new encroachments
within the boundaries of the easement herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or
otherwise using the above -described facilities, the GRANTEE
shall have the right of ingress to and agrees from the
easement and right-of-way over such private roads, alleys,
ways or paths (hereinafter collectively referred to as
"private roads") as may now or hereafter exist on the property
of the GRANTOR. Any damages resulting to such private roads
from the use by the GRANTEE shall be repaired by the GRANTEE
at its expense. The right, however, is reserved to the
GRANTOR or its, succsssors and assigns to shift, relocate,
clone or abandon ouch private roads at any time. If there are
no public or private roads reasonably convenient to the
easement and right-of-way, the GRANTEE shall have such right
of ingress and egress over the GRANTORIS property adjacent to
the easement and right-of-way in ouch manner as shall occasion
RECEIVE,r`
2200 3
JAN 16 26i,
DC,14-MHD CITY

the least practicable damages and inconvenience to the
GRANTOR. The GRANTEE shall be liable for any consequential
damages directly resulting from its exercise of the right of
ingress and agrees over adjoining property.
By acceptance of thin Deed of Easement, the GRANTEE
agrees that it will restore the surface of the land to its
approximate level prior to construction by fill or grading in
the course of construction or maintenance of the aforesaid
facilities so long as the came are not inconsistent with and
do not interfere with the rights herein granted to the
GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded by the
GRANTEE, but the GRANTEE shall not be responsible for
landscaping or otherwise improving the easement area. It is
understood and agreed that the execution and delivery of this
deed by the GRANTOR and its acceptance by the GRANTEE shall
not obligate the GRANTEE to construct or maintain any main,
line, pipe, lateral or other extension or permit any
connection to its water, sanitary sewer, storm sewer, drainage
or other public utilities system without payment of the
appropriate connection fees.
Said GRANTOR covenants and warrants that it is lawfully
seized and possessed of the property described above; and that
it has good right and lawful authority to convey said easement
for the purposes herein expressed; and that GRANTOR for its
heirs, successors, executors, administrators, and assigns
covenants that it will warrant and defend said easement
against any and all claims and demands whatsoever, except for
encumbrances of record.
Use of the masculine gender herein includes the feminine
and neuter, and the singular number used herein shall equally
include the plural.
RECENED
2200 q
JAN 16 2013��
DCM-M?iD CITY

IN WITNESS WHEREOF, the GRANTOR has hereunto set its
hand and seal, the day and year first above written.
H
Bryant,
Sherry W.
APPjVWp A9 TO
City Atttoorney
STATE OF AlDer/ e4KV[141A
COUNTY OF n/Ek] ff4?Nn(1e)C.
[SEAL]
ISRAL]
[SaAL7
[SEAL]
I, SuSa.r S• , a Notary Public for said
County and State, do hereby certify that John E. Bryant, Jr.,
and Sherry W. Bryant personally appeared before me this day
and acknowledged the due execution of the foregoing
instrument.
Witness my hand and offici 1 Deal, this the /Si day of
n6E72 �D�00 t .
A i OTA4), F Notary P l c
Sin ,y, 5 My Commission Expires: janUe�
X pusur- }
STATE OF IVOR71/ 4)*?e LJMq
COUNTY OF NJA) ,�fAN0UF7C
I, Susan S. /J mc� c— , a Notary Public for said
County and State, do hereby certify that William P. Rawls and
H. Sue Rawls personally appeared before me this day and
acknowledgod the due execution of the foregoing instrument.
Witness my hand and official al, this the /S/ day of
NOvem6PX. , 20 0;
uwiDWM
�N B NF
4� tary Pub is
:eO CIOTA RY My Commission Expires: anuA
2200 RECEIVED 5
JAN 16 2013
DCM-V!m CITY

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
Filed For Registration
Book
Document No.
NC REAL ESTATE EXCISE TAX:
Recorder:
1210412002 12:18:48 PM
RE 3551 Page: 54.59
2002061949
ESMNT 6 PGS $26.00
$2.00
KAREN D GALLOWAY
f fMf»ffY!»fiN!»f1»1fMIMR1Mf»»»»tf1i111f»f»f1H»1f»{YiFflflff»1»II»1,fiflf»lfffi!!f»»f1}1f1ff»f»
State of North Carolina, County of New Hanover
The foregoing certificate of SUSAN S NEMEC Notary Is certified to be correct. This 4TH of December 2002
REBECCA T. CHRISTIAN , GISTER OF DEEDS
By.
DeputylAwlitst Register of Deeds
*2002061949*
2002061949
RECEIVED
r q r vV ""' ; _ N5
JAN 16 2013
DCM-MAD CITY

tr
�zoS w ���8ry8�� gMry11� �p1N�tl�yB� pnI'
2003013929� �11� AL17II� AU
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
F" PEOIST"TION PE61STEP OF DEEDS
PEPECCN T CNP ISTIM
NEY PCIeVEP Co. Tv IC
2003 NEAR 12 01 1153 PM
Bx 3684 PG 954-958 FEE $23 00
NC REV STRIP E3 00
16INENI 126N3N139N
GENERAL UTILITY EASEMENT
MAP ID 314519613733000
PARCEL PID R07210004011000
PROJECT TRACT SEQUENCE 121S
INSTRUMENT PREPARED BY: Thomas C. Pollard
01 City Attorney
(�'Tll11][•,p Z Poet Office Box 1810
JJ��ffVV1177ff JJ s / Wilmington, N.C. 28402
Telephone (99t) 341-
THIS DEED OF EASEMENT, executed this the eC/ day of (d aUm_aa,
2003, by and between Kenny J. Morrie and wife, Carolyrk) S. Mor is,
whose address is 216 Oyster Bay Lane, Wilmington, NC 28409-3027,
(hereinafter referred to as "GRANTOR") and the City of Wilmington, a
municipal corporation organized and existing under the laws of the
State of North Carolina, whose Post Office address is Poet Office Box
1810, Wilmington, North Carolina 28402 (hereinafter referred to as
"GRANTEE":
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTEE, its successors and assigns, the
right, privilege and perpetual right-of-way and easement over through,
under and upon the lands and premises hereinafter described for the
purpose of constructing, installing, inspecting, maintaining,
repairing, removing, extending, improving, replacing, building and/or
operating certain public water lines, sewer lines and related
appurtenances, said premises being a certain parcel or tract of land
located in New Hanover County, North Carolina, and more particularly
described as follows:
y` containing 389 SQ. FT., as the same appears on
Sheet 6 of 6 of maps entitled " Masonboro Water and Sewer
Basements and Lift Station Parcels--, duly recorded in Map
Book 42 at Pages 364 through 370 of the New Hanover County
Registry, to which reference is made for a more complete
description of easement interest herein conveyed.
The above -described is a portion of the property conveyed to
GRANTOR by deed recorded in Book 1174 Page 348 of New Hanover County
Registry.
TO HAVE AND TO HOLD said right -of -Way and easement to GRANTEE,
its successors and assigns, forever. This right-of-way and easement
hereby granted is appurtenant to and rune with the land now owned by
the GRANTOR. It is understood and agreed, however, that the duration
of any temporary construction easement conveyed herein, shall extend
for the period during which "hitiWtion and inspection of the initial
1215 am41W 0tCnM*CAumm AfPM7RrM
i 6 2013
DCM AM CITY

I
facilities to be installed by the GRANTEE are underway, and that from
and after the GRANTEE's acceptance of the initial facilities for
operation, said temporary construction easement shall expire and be of
no further effect.
The GRANTOR reserves the right to grant easements to other
parties within the easement areas as shown on said plat so long as
such easements do not interfere with the GRANTEE's use of the easement
areas and the rights granted herein.
The facilities now in existence or to be placed over, under, upon
and across said right-of-way and easement shall become and remain the
property of the GRANTEE. The GRANTEE shall have the right to
construct, install, inspect, maintain, repair, remove, extend,
improve, replace, build and/or operate these or new facilities and to
make such changes and additions to such facilities upon the easement
and right-of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all times have the right to keep the area of
the perpetual casement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or
other vegetation as will in its judgment interfere with the purposes
of this Easement. The GRANTOR expressly promisee and agrees not to
construct or allow to be constructed any building, structure or other
improvement, and further promisee not to plant or allow to be planted
any trees, shrubs, bushes, undergrowth or other vegetation that have
root systems, which over a period of time, will grow to a state which
poses a threat of damaging the facilities installed by the GRANTEE or
which unreasonably impair the GRANTEE's access to its facilities, or
to otherwise permit encroachment or interference with the GRANTEE'S
rights hereunder except as provided herein. It is expressly
understood and agreed, however, that the GRANTOR, its heirs,
successors and assigns, shall retain the right to cultivate the ground
lying within the boundaries of the right-of-way and use said easement
for any other lawful purpose provided, however, that such cultivation
or use shall not be inconsistent with the rights herein granted to the
GRANTEE, and GRANTEE shall not be liable for any damages or loss due
to the exercise of its rights hereunder within its easement and right-
of-way except those arising out of the gross negligence of the
GRANTEE. It is understood and agreed that the GRANTOR, its successors
or assigns, shall comply with applicable policies of the GRANTEE with
regard to any new encroachments within the boundaries of the easement
herein conveyed.
For the purpose of constructing, inspecting, improving,
replacing, removing, maintaining, extending, repairing or otherwise
using the above -described facilities, the GRANTEE shall have the right
of ingress to and egress from the easement and right-of-way over such
private roads, alleys, ways or pathe (hereinafter collectively
referred to an °private roads") as may now or hereafter exist on the
property of the GRANTOR. Any damages resulting to such private roads
from the use by the GRANTEE shall be repaired by the GRANTEE at its
expense. The right, however, is roserved to the GRANTOR or its,
successors and assigns to shift, relocate, close or abandon such
private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the GRANTEE
shall have ouch right of ingress and egress over the GRANTORIS
property adjacent to the easement and right-of-way in such manner as
shall occasion the least practicable damages and inconvenience to the
GRANTOR. The GRANTEE shall be liable for any consequential damages
directly resulting from its exercise of the right of ingress and
egress over adjoining property.
By acceptance of this Deed of Eaaament, the GRANTEE agrees that
it will restore the surface of the 1"I¢tp.its approximate level prior
1215
2
AN 16 2013
DCM-V.9D C1Ty

to construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are mot
inconsistent with and do not interfere with the rights herein granted
to the GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The
construction or maintenance area shall be seeded by the GRANTEE, but
the GRANTEE shall not be responsible for landscaping or otherwise
improving the easement area. It is understood and agreed that the
execution and delivery of this deed by the GRANTOR and its acceptance
by the GRANTEE shall not obligate the GRANTEE to construct or maintain
any main, line, pipe, lateral or other extension or permit any
connection to its water, sanitary sewer, storm sewer, drainage or
other public utilities system without payment of the appropriate
connection fees.
Said GRANTOR covenants and warrants that it is lawfully seized
and possessed of the property described above; and that it has good
right and lawful authority to convey said easement for the purposes
herein expressed; and that GRANTOR for its heirs, successors,
executors, administrators, and assigns covenants that it will warrant
and defend said easement against any and all claims and demands
whatsoever, except for encumbrances of record.
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its
hand and seal, the day and year first above written,
GRANTOR;
Kelly orris CC,,
t
Carolyn S. Morrie
APPROVED AS TO F
City Attorney
1215 RECEIVED 3
JAN 16 2013
DC-1d,YRD CITy

STATE OF I {k'n�� ( 1^1 ✓��% I,,I �,&
COUNTY OF(��\��J� wµ/ IP-I�,II zI/^` )'
1, J,l,{% 4, u a1j , a Notary Public for said County
and State, do hereby certify that Kenny J. Morris and Carolyn S.
Morrie personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Witness my hand and official seal, this the LC day of
200.
`Rota public
1215
iiamp] 2 ^ y
My Commission Expires: _ .")' 0.1�p
RECEIVED
JAN 16 2013
DEC 19 2012
DCM WBLiv`a!NCTCIN, NC
4
DOM-WIII) CITY

REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
........................................................................................................................
Filed For Registration:
Book
Document No
03/1212003 01 '11.53 PM
RE 3684 Page. 964-958
2003013929
ESMNT 5 PGS $23.00
NC REAL ESTATE EXCISE TAX- $3.00
Recorder: MARVIS ANN STORER
......................................................................................
State of North Carolina, County of New Hanover
The foregoing certificate of DENIZ H WAHL Notary is certified to be correct. This 12TH of March 2003
REBECCA T CHRISTIAN , REGISTER OF DEEDS
By `" lW l�l/ ✓l�t/Y V r`� �J lIL/ L/
Deputyl ss�t Register of Deeds
........................................................................................................................
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2003 013 92c9E*
2003013929 JAN 16 2013
DC.M-?v HD CITY

fan KGISTM"IO" REGISTU w OEEDE
RUCCCP 1 CMISTIM
NEW ww0VE0 Ce Y. K
2003 A 0212 36 01 PM
BC 3673 PG 311-315 FE V3 00
16iOUEfli 120030 616
1®11®111f1111
2MB41575
INSTRUMENT PREPARED BYa Thomas C. Pollard
AMAu It City Attorney
Poet Office Box 1810
Wilmington, N.C. 28402
Telephone [phone]B20
STATE OF NORTH CAROLINA
GENERAL UTILITY EASEMENT
COUNTY OF NEW HANOVER PIN 3145522399000
3145525376000
THIS DEED OF EASEMENT, executed this the 35wkday of TUNE
2003, by and between, *hiskey Creek Rotates �Homeolmara Aasoaiatidn,
Inc., a North Carolina nonprofit corporation, of 1023 Big Bay Drive,
Wilmington, County of New Hanover, State of North Carolina (hereinafter
referred to as -GRANTOR*) end the City of Wilmington, a municipal
corporation organized and existing under the laws of the State of North
Carolina, whose Poet Office address is Post Office Box 1810,
Wilmington, North Carolina 28402 (hereinafter referred to as
^GRANTEE^)a
W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration paid by the GRANTEE to the GRANTOR,
receipt of which is hereby acknowledged, the GRANTOR has bargained,
sold and conveyed and by these presents does hereby grant, bargain,
sell and convey unto the GRANTER, its successors and assigns, the
right, privilege and non-exclusive perpetual right-of-way and easement
over through, under and upon the lands and premises hereinafter
described for the purpose of constructing, installing, inspecting,
maintaining, repairing, removing, extending, improving, replacing,
building and/or operating certain underground public sanitary sewer
lines, pipes, valves and related appurtenances ("the facilities"), said
premises being a certain parcel or tract of land located in New Hanover
County, North Carolina, and more particularly described as follows,
All of the streets or rights -of -way identified as "Jacobs
Creek Lane" and "Big Bay Drives as the some appear on a map
of Whiskey Creek Estates, duly recorded in Map Book 22 at
Page 73 of the New Hanover County Registry, which
descriptions are incorporated herein by reference.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its
successors and assigns, forever. The easement hereby granted is
appurtenant to and runs with the land now owned by the GRANTOR.
FECEIVED
JAN 16 2013
DCM-M..0 CITY

The GRANTOR reserves the right to grant easements to other parties
within the easement areas an shown on said plat so long as such
easements do not interfere with the GRANTEE•s use of the easement areas
and the rights granted herein.
The facilities to be placed, under and across said right-of-way
and easement shall become and remain the property of the GRANTEE. The
GRANTEE shall have the right to construct, install, inspect, maintain,
repair, remove, extend, improve, replace, build and/or operate these or
new sanitary sewer collection facilities and to make such changes and
additions to ouch sanitary sewer collection facilities upon the
easement and right-of-way as the GRANTEE may deem advisable, provided
that all facilities installed by the GRANTEE within the easement herein
granted shall be underground or at the grade of the surface of the
ground.
For the purpose of constructing the above -described facilities
within the rights -of -way of Jacobs Creek Lane and Sig Bay Drive, the
GRANTEE agrees that it will install the sanitary newer line
improvements by open cut excavation method. It shall be understood and
agreed that any trees removed for purposes of constructing the
facilities will not be replaced. Any site improvements, consisting of
fencing, signage, irrigation systems, electrical lighting systems,
gravel, marl, curbing, asphalt paving or ground cover that are removed
as a result of construction, maintenance or repair, shall be replaced
or repaired by the GRANTEE at its expense at their respective locations
at the time that such maintenance or repair is commenced. Any
shrubbery that is removed during such open cut excavation shall be
excavated prior to such maintenance or repair activities and
reinstalled at a location sufficiently removed from the facilities, so
as not to adversely affect the facilities or access to the facilities
for subsequent repairs or maintenance. If, for any reason, such item -
cannot be excavated and replaced, then they shall be replaced by the
GRANTEE, at its expense, with the largest commercially available
juvenile specimen of the name or similar species, not requiring special
equipment or labor-intensive activities to effect installation thereof.
GRANTOR and GRANTEE may agree upon alternative curative landscaping
measures which will provide a vegetative buffer, at maturity, that
mitigates the impact of clearing activities of the GRANTEE, however the
same limitations relating to the use of special equipment and labor
intensity shall equally apply to the selection of materials for such
alternative curative landscaping measures. Any and all construction
activities and/or repair or maintenance activities upon the premises
conducted by GRANTEE shall be conducted in a manner so as not to
interfere with or impede the ongoing activities being conducted on the
premises, by GRANTOR, its successors or assigns or lessees. The
GRANTEE shall be liable for any consequential damages directly
resulting from its exercise of the rights upon said easement.
The GRANTEE shall at all times have the right to keep the area of
the perpetual easement and right-of-way clear of all buildings or
structures, trees, shrubs, bushes, stumps, roots, undergrowth, or other
vegetation as will in its reasonable judgment interfere with the
purposes of this Easement. The GRANTOR expressly promisee and agrees
not to construct or allow to be constructed any building, structure or
other improvement, and further promisee not to plant or allow to be
planted any trees or to otherwise permit encroachment or interference
with the GRANTOE-E rights hereunder except as provided herein. It is
expressly understood and agreed, however, that the GRANTOR, its
successors and assigns, shall retain the right to cultivate the ground
lying within the boundaries of the right-of-way and use said easement
for any other lawful purpose including the installation of curbing,
gutters, asphalt and concrete pavement, signage and underground
sLt,ti VhL?
2
'"� 1 6 2013
DCM-MILID CITY

electrical for lighting, which would not adversely impact upon the
improvements installed by the GRANTEE; provided, however, that ouch
cultivation or use shall not be inconsistent with the rights herein
granted to the GRANTEE, and GRANTEE shall not be liable for any damages
or loss due to the exercise of its rights hereunder within its easement
and right-of-way except those arising out of the gross negligence of
the GRANTEE.
By acceptance of this Deed of Easement, the GRANTER agrees that it
will restore the surface of the land to its approximate level by clean
fill or grading in the course of construction or maintenance of the
aforesaid facilities so long as the same are not inconsistent with and
do not interfere with the rights herein granted to the GRANTEE. The
GRANTEE agrees to restore, to its prior condition, any curbing,
guttering or pavement and other approved site improvements, for which
rights to encroach within said easement area are reserved herein, that
are affected by GRANTER's construction and maintenance activities. It
is specifically agreed that any trees removed for construction or
maintenance work, will not be replaced. The construction or maintenance
area shall be seeded or resodded by the GRANTER, and the GRANTEE shall
be responsible for landscaping or otherwise improving the area with
plant materials, with the exception of trees, equal to those present
prior to any subsequent maintenance of its facilities, as specified
herein. The location of such plant materials shall be such that the
growth thereof shall not, over time, adversely affect the GRANTEE's
facilities within the boundaries of the easement herein conveyed. It
is understood and agreed that the execution and delivery of this deed
by the GRANTOR and its acceptance by the GRANTEE shall not obligate the
GRANTEE to construct any main, line, pipe, lateral or other extension
or permit any connection to its water, sanitary sewer, storm sewer,
drainage or other public utilities system without payment of the
appropriate connection fees.
The GRANTOR, its successors, assigns or lessees shall have the
right to tap onto any water line installed under the surface of the
easement granted herein, and obtain water therefrom, upon payment of
such tap fees, water service fees and other charges as may be imposed
by GRANTEE, subject to ouch regulations as GRANTEE may from time to
time enact regarding connections to its water supply lines.
Said GRANTOR covenants and warrants that it is lawfully seised and
possessed of the property described above; and that it has good right
and lawful authority to convey said easement for the purposes herein
expressed; and that GRANTOR for its successors and assigns, covenants
that it will warrant and defend said easement against any and all
claims and demands whatsoever, except for encumbrances of record.
Use of the masculine gander herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and
oval, the day and year first above written.
GRANTORi
Whiskey creek Estates Homeowners
Association, Inc., a nonprofit
corporation
By, »-A/InM M,,,O `N
Presidkfit
RECEIVED '
3
JAN 16 2013
DCM :M.11D CITY

APPROt�7 ,II, AB TO PORM CV-
NOTAgYCity AttorneyeaDUoos
STATE OF NORTH CAROLINA
COUNTY OF
1, ZSklkeSfilPS a Notary Public, certify that
a r r 1 12 pme er oaa�l came before this day and
acknowledged that he she) is �° of Whiskey Creek Estates
Homeowners Association Inc., a North Carolina nonprofit corporation,
and that by authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its President.
_ _ _ _
(herse
sta-9oaxetas.. _ __
Witness my hand and official seal, this the 30 day of
``f)n�. 2003./��y/�� D/� -
My Conmdssion Expires: 17Wl• -/ ]mil
2� O Notary Public
j Z.112
w. Ilev.wycrnemt�c... nr,v.c.ecv..ca RECEIVED
4
JAN 16 2013
DCM.MTiD CITY

REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
MIMIHYII/ffIHN1f11Yy1NMNHNNYfNfiINIHH11f M1NNiNi1YMNMfiY1M111YifMNfNNIMiMi1{IHN
Filed For Registration 07/02/2003 12 36 01 PM
Book RE 3873 Page 311.315
Document No 2003041576
ESMNT 5 PGS $23 00
Recorder AMANDA WEIR
NHHHHNN1MYf 1MHMHIHIRMYHIHNN IHYNINYyMHHf f H YN1f f YyfffflffHYNH1IHNYlff NNNyNNHNYY
State of North Carolina, County of New Hanover
The foregoing certificate of I BLAKE STILES Notary is certified to be correct This 2 NO of July 2003
REBECCA T CHRISTIAN , REGISTER OF DEEDS
BY ',! ��
Deputy'Assrstaat Register of Deeds
1fNfiifMINNNNINiMNYH1NNNNf1Y1NN11Y1iiOflffNflfflflfNINNIHNNNYNNN1MIHfIfNf If1HNf11NN
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT,
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING
*2003041576* RECEIVED
2003041576 cc 19 201E
JAN 16 2013

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FOR REGISTRATION REGISTER OF DEEDS
NENSECCA NANOVER COLWYIRNC
2N2 PUG 16 02:50:69 PM
BK:42 PG:364-370 FEE:$126.00
INSTRUMENT 11 200204985
MAP INDEX
Name of Map
Owner's Name
Type of Map: ___L,,��ubdivision
Book q a
Number of Pages
Condo
I3ighway
Pages(s) 3%q - 3 t09
Li
Additional RECEIVED
Comments:
6 2013
Recorded By:
Deputy/As tlRegister of Deeds CWMHDCITY
L�'w i. I aI /02

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
........................................................................................................................
Filed For Registration
Book:
Document No.:
Recorder:
08/16/2002 02:50:09 PM
PLAT 42 Page: 364-370
2002040685
PLAT 7 PGS $126.00
MARVIS ANN STORER
State of North Carolina, County of New Hanover
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By:
Deputy/AsetotlIM'Register of Deeds
*2002040685*
2002040685
RECEIVED
JAN 16 2013
DCM-MAD CITY