Loading...
HomeMy WebLinkAboutWQ0002004_More Information (Received)_20230805REAL ESTATE AGREEMENT/ EMENT THIS AGREEMENT is made on June 1, 2023, b: Edwards of PO Box 261, Spring Hope, North Carolina 2 Bass Farms Inc. of PO Box 126, Spring Hope, North Cai ("Grantee"). Recitals A. The grantor is the owner of certain real proper Church Road, Spring Hope, North Carolina 2-) as follows: Nash County Parcel 005617 Pin 2� B. The Grantee desires to maintain the continued property on Pleasant Grove Church Road, Spr: 27882. Nash County Parcel 005617 Pin 28610 1. Grant of Easement and Use For valuable consideration, Grantor hereby grants for the full use of property located in Nash Count Pin 286100655147U located on Pleasant Grove C Carolina 27882. 2. Character of Easement It is the intention of the parties that the easement i Kenneth W. Edwards and that the easement benef of the property for the application and monitoring operations on this property belonging to Grantor. 3. Duration and Binding Effect The easement shall endure 5 years. This Agr benefit of, and shall be binding on, the heirs, in interest, and assigns of respective parties. 4. Purpose of Easement The easement will benefit the Grantee by contin application and monitoring of Wastewater opera Grantor. 5. Grantor's Rights Grantor also retains, reserves, and shall continue the land subject to this easement for any and all with or prevent the use by Grantee of the easeme and between Kenneth W. 382, hereafter ("Grantor"), and 27882 hereafter y located on Pleasant Grove 882, and more fully described 6100655147U. use and certain rights in the ng Hope, North Carolina )655147U to Grantee an easement on and , North Carolina Parcel 005617 lurch Road, Spring Hope, North granted to Bass Farms Inc. by is Bass Farms Inc. the full use of application of Wastewater is made expressly for the it representatives, successors use of the property for the on this property owned by enjoy the use of the surface of poses that do not interfere Grantor's retained rights Page 1 of 2 NORTH CAROLINA NASH COUNTY r _ )_ 2 -Z/ I IIIIIII IIIIII III IIIII IIIII IIIII I IIII IIIII IIIII I1��I IIIII IIIII IIIII IIIII IIII IIII Doc ID: 009686780002 Type: CRP Recorded: 08/04/2023 at 04:08:44 PM Fee Amt: $26.00 Page 1 of 2 Revenue Tax: $0.00 Nash County North Carolina Sandra D. Davis Register of Deeds BK3299PG221-222 �5e -y This Agreement / asement, made as of the �� day of -�ul-1T 12023 by and between Kenneth W. Edwards, Tract No. 3083 PARID: 5617 PIN 286100655147U Nash County, and Bass Farms Inc. This agreement is valid through December 31 ", 2028. WHEREAS Bass Farms Inc. will have full access and use of property. Kenneth W. Edwards agrees to have said farm included in the water management plan for Bass Farms Inc. as permitted by the NC Department of Environmental Quality under Permit No: WQ0002004. The permitting agency is as follows: NC Department of Environmental Quality (NCDEQ) Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, NC 27699-1617 WHEREAS Bass Farms Inc. will maintain all required permits. In accordance with the NCDEQ permit, the construction and operation of water supply wells within the compliance boundary of the waste management area is prohibited. This agreement reserves the right for Bass Farms Inc. and the representatives from NCDEQ to enter the Farm within the compliance boundary for groundwater monitoring and remediation purposes as required. The easement may be terminated by NCDEQ when its purpose has been fulfilled or the need for the easement no longer exists. Under those conditions NCDEQ shall, upon request by the landowner, file a document terminating the easement with the appropriate Register of Deeds. WHEREAS the compliance boundary has been delineated in accordance with 15A NCAC 02L .0107(b). The compliance boundary is established at a horizontal distance of 250 feet from the waste boundary, or 50 feet within the property boundary, whichever is closer to the source. WHEREAS Bass Farms Inc. hereby agrees to indemnify, defend and hold harmless Kenneth W. Edwards and heirs from and against all demands and claims because of damages or judgments for injury to persons and property in and upon and about the Farm arising out of the use granted and resulting from natural or negligent acts of Bass Farms Inc., its agents, employees or contractors including without limitations any damages, costs, fines, administrative fees or attorney fees resulting from Bass Farms Inc. failure to comply with Federal, State and local laws, regulations, waste water discharges, including and without limitations the waste management plan. Book: 3299 Page: 221 Seq: 1 Page 2 of 2 2 2- BY: �` _ ` DATE: 171zq3 Kenneth W. Edwards BY: 5�� �` DATE: 1 0 L Bass Farms Inc. Kenneth W. Edwards President NORTH CAROLINA, NASH COUNTY I, DYLAN BUNCH, a Notary Public for %1�1-1County, do hereby certify that Kenneth W. Edwards, and Kenneth W. Edwards — President Bass Farms Inc. appeared before me this day and acknowledged the due execution of the foregoing (or annexed) instrument. Witness my hand and official seal this lD� day of , 2023 ®YLAN B. BUNCH NOTARY PUBLIC FRANKLIN COUNTY, NC Book: 3299 Page: 221 Seq:2 include, but are not limited to, the right to repair, buildings on the property. in, build, and erect 6. Grantee's Rights and Duties Grantee shall at all times keep the easement of Grantor. 7. Termination This easement may be terminated by written record and other successors to the respective 8. Entire Agreement free and open for the benefit :nt signed by all owners of of Grantor and Grantee. This instrument contains the entire agreement between the parties relating to the rights granted and the obligations assumed. Any oral representations or modifications concerning this instrument shall beof no force and effect. Any modification of this Agreement must be in writing and must be signed by both parties. The parties have executed this agreement on this date: June 11t, 2023 GRANTOR X/— Kenneth W. Edwards Bass Farms Inc. NORTH CAROLINA, NASH COUNTY I, DYLAN BUNCH, a Notary Public for County, do hereby certify that Kenneth W. Edwards and Kenneth W. Edwards - President Bass Farms Inc. appeared before me this day and acknowledge i the due execution of the foregoing (or annexed) instrument. Witness my hand and official seal this J't commis of �J �� , 2023 expires Q ©YLAN B. BUNCH` NOTARY PUBLIC FRANKLIN COUNTY, NC NORTH CAROLINA NASH COUNTY This Agreement / Easement, made as of the �� I da� of 14141- , 2023 by and between Kenneth W. Edwards, Tract No. 3083 PARID: 5617 PIN 28 100655147U Nash County, and Bass Farms Inc. This agreement is valid through December 311t, 2028. WHEREAS Bass Farms Inc. will have full access and use of property. Kenneth W. Edwards agrees to have said farm included in the water management plan for Bass Farms Inc. as permitted by the NC Department of Environmental Quality under Permit No: WQ0002004. The permitting agency is as follows: NC Department of Environmental Quality (NCDEQ) Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, NC 27699-1617 WHEREAS Bass Farms Inc. will maintain all required permits. In accordance with the NCDEQ permit, the construction and operation of water supply wells within the compliance boundary of the waste management area is prohibited. This agreement reserves the right for Bass Farms Inc. and the representatives from NCDEQ to enter the Farm within the compliance boundary for groundwater monitoring and remediation purposes as required. The easement may be terminated by NCDEQ when its purpose has been fulfilled or the need for the easement no longer exists. Under those conditions NCDEQ shall, upon request by the landowner, file a document terminating the easement with the appropriate Register of Deeds. WHEREAS the compliance boundary has been delineated in accordance with 15A NCAC 02L .0107(b). The compliance boundary is established at a horizontal distance of 250 feet from the waste boundary, or 50 feet within the property boundary, whichever is closer to the source. WHEREAS Bass Farms Inc. hereby agrees to indemnify,'Idefend and hold harmless Kenneth W. Edwards and heirs from and against all demands and claims because of damages or judgments for injury to persons and property in and upon and about the Farm arising out of the use granted and resulting from natural or negligent acts of Bass Farms Inc., its agents, employees or contractors including without limitations any damages, costs, fines, administrative fees or attorney fees resulting from Bass Farms Inc. failure to comply with Federal, State and local laws, regulations, waste water discharges, including and without limitations the waste management plan. BY: )L"' --- 4 ---- - - DATE: 0 L3 Kenneth W. Edwards �s i BY: 5s� DATE: �i 0 L Bass Farms Inc. Kenneth W. Edwards President NORTH CAROLINA, NASH COUNTY I, DYLAN BUNCH, a Notary Public for QS� County, do hereby certify that Kenneth W. Edwards, and Kenneth W. Edwards - President Bass Farms Inc. appeared before me this day and acknowledged the due execution of the foregoing (or annexed) instrument. Witness my hand and official seal this /0 th day of ,, 2023 [;FPANKLIN YLAN B. BUNCH OTARY PUBLIC COUNTY, NC