NCS000431_Stormwater BMP Facility Access Easement_20190926

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STATE OF NORTH CAROLINA STORMWATER BMP FACILITY
ACCESS EASEMENT
COUNTY OF CATAWBA
THIS DEED OF EASEMENT ("Easement") made this day of
20, by and between , LLC, a North Carolina
Limited Liability Company licensed to conduct business in North Carolina, having a
mailing address of (hereinafter referred
to as "Grantor") and CITY OF CONOVER, a North Carolina Municipal Corporation duly
organized and existing under the laws of the State of North Carolina, having a mailing
address of Post Office Box 549, Conover, North Carolina, 28613 and being situated in
Catawba County, (hereinafter referred to as "Grantee");
WHEREAS, said Grantor owns a certain tract of land located in Conover
Township, Catawba County, North Carolina, the same being the land conveyed to
Grantor pursuant to deed recorded in Deed Book , Page , in the
office of the Catawba County Register of Deeds, which deed is hereby referred to for
greater certainty of description; and
WHEREAS, development of said property is subject to the National Pollutant
Discharge System (NPDES) Phase II Stormwater Regulations and the Phase II
Stormwater Ordinance adopted by the City of Conover which requires the Grantor to
construct, operate, and maintain a structural Best Management Practice ("BMP")
device(s) on the described property according to the Operation and Maintenance
Agreement and the Operation and Maintenance Manual recorded simultaneously
herewith and which is referenced herein; and
WHEREAS, the parties have determined that it is in the best interest for the
Grantor to allow the Grantee access to the BMP device(s) in order to carry out all
provisions of the City of Conover's Phase II Stormwater Ordinance, including but not
limited to inspections of said BMP device(s).
LLC AND CITY OF CONOVER
STORMWATER FACILITY ACCESS EASEMENT
PAGE 1 OF 4

NOW, THEREFORE, said Grantor, for and in consideration of the sum of Ten and
no/100 ($10.00) Dollars and other valuable considerations paid to the Grantor by the
Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell
and convey unto said Grantee, its successors and assigns, a perpetual non-exclusive
right and easement to access the structural BMP device(s) being more particularly
described as follows:
With respect to authority granted to the Grantee pursuant to this Easement for
purposes of the BMP device(s)' construction, inspection, maintenance, repair, and
operation pursuant to the Phase II Stormwater Ordinance adopted by the City of
Conover being all permanent easements and access locations as described and
marked on said property, as shown on a survey plat prepared by
, PLS, and marked thereon as "Access Easement" in
which was recorded in Plat Book Page , of the Catawba County Registry
of Deeds.
Said Grantor's property is described in Deed Book , at Page
Catawba County Registry, and has Tax Parcel Identifications of
The Grantor further acknowledges that the Grantee is acquiring this easement for
the purpose of performing any operation necessary to restore functionality to the BMP
device(s), in the event Grantor or its subsequent successors or assigns fails to operate,
maintain, or repair the BMP device(s) so that it does not function as designed.
TO HAVE AND TO HOLD the same, together with all the rights and
appurtenances belonging thereto, unto the City of Conover, its successors and assigns
forever, and Grantor is hereby bound, together with all heirs, executors, administrators,
or successors, to warrant and forever defend the easement granted herein unto the City
of Conover, its successors and assigns, against every person lawfully claiming the
easement or any part thereof.
, LLC AND CITY OF CONOVER
STORMWATER FACILITY ACCESS EASEMENT
PAGE 2OF4

IN TESTIMONY WHEREOF, the said Grantor has hereunto set his hand and
seal the day and year first above written.
ATTEST: (SEAL)
LLC
(Name)
a North Carolina Limited Liability Company
A
Secretary Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public of County,
North Carolina, do hereby certify that personally
came before me this day and acknowledged that he/she is the Member/Manager of
LLC, a North Carolina limited liability
company and that by authority duly given and as the act of such entity, he signed the
foregoing instrument in its name on its behalf as its act and deed. Witness my hand and
Notarial stamp or seal, this day of , 20
(SEAL)
Notary Public
My Commission Expires:
, LLC AND CITY OF CONOVER
STORMWATER FACILITY ACCESS EASEMENT
PAGE 30F4

ACCEPTANCE
Accepted by and on behalf of the City of Conover, North Carolina, this day
of , 20_.
THE CITY OF COVOVER,
A North Carolina Municipal Corporation
ATTEST:
(SEAL)
Donald Duncan, City Manager
City Clerk
STATE OF NORTH CAROLINA
COUNTY OF CATAWBA
I, , a Notary Public of said County and State,
certify that personally came before me this day and
acknowledged that she is City Clerk of the City of Conover, a North Carolina Municipal
Corporation, and that by authority duly given and as the act of the City Council of the
City of Conover, the foregoing instrument was signed in its name and by its City
Manager, sealed with its corporate seal and attested by her as its City Clerk.
Witness my hand and seal, this the day of 20_.
(SEAL)
Notary Public
My Commission Expires:
, LLC AND CITY OF CONOVER
STORMWATER FACILITY ACCESS EASEMENT
PAGE 40F4