SW3191101_Drainage Easement_20191223

BK 2636 PG 395 - 401 (7)
This document presented and filed:
12/22/2016 11:14:06 AM
EASEMENT & PLAT
Fee $26 00 IITransfer TIIIaxxII so 00
556717 1 I I IIIilI�1 �1 �IIlll�l1111111
Lincoln County North Carolina
Danny R. Hester, Register of Deeds
DRAINAGE EASEMENT
THIS DRAINAGE EASEMENT (this "Easement"), dated December -a, 2016, is
entered into between GLM HOLDINGS, LLC, a North Carolina limited liability company
("Cambridge"); and CECIL M. DELLINGER, JR. and DORIS D. KEEVER, individual
residents of North Carolina (collectively, "Dellinger").
BACKGROUND STATEMENT
A. Cambridge owns a parcel of land containing approximately 16.150 acres, located
at the northeast comer of N.C. Highway 16 Business and N.C. Highway 73, in Lincoln County,
North Carolina (the "Cambridge Parcel'). The Cambridge Parcel is identified as "Parcel 2" on
that certain plat (the "Plat") entitled "Access/Utility/Signage Easement Area Plat for Cambridge
Village," prepared by Landtec Surveying and Mapping, dated November 2016, and recorded in
Map Book \�_ at Pag�ffl in the Lincoln County Public Registry (the "Registry"). A portion of
the Cambridge Parcel was conveyed by Dellinger to Cambridge, by North Carolina General
Warranty Deed recorded in the Registry in advance of this Easement.
B. Dellinger owns a parcel of land containing approximately 15.228 acres, located
adjacent to the northern and eastern boundaries of the Cambridge Parcel (the "Dellinger
Parcel'). The Dellinger Parcel is identified as "Parcel 1" on the Plat. Dellinger may in the
future elect to develop all or part of the Dellinger Parcel.
C. In connection with its development of the Cambridge Parcel for retail purposes,
Cambridge intends to construct a temporary storm water impoundment area at the southeast
comer of the Cambridge Parcel, adjacent to the western boundary of the Cambridge Parcel, as
part of its erosion control measures. Cambridge also intends to install an underground storm
drainage line (the "Drainage Line") running from this impoundment area, across the Cambridge
Parcel, and connecting to an existing stream in the southwest corner of the Cambridge Parcel (the
"Stream") that drains into the public storm drainage facilities in the right-of-way of N.C.
Highway 16 Business.
v AFTER RECORDING, MAIL TO:
Robinson, Bradshaw & Hinson,. P.A.
Attention: Brent A. Torstrick
101 N. Tryon Street, Suite 1900
Charlotte, NC 28246
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BK 2636 PG 396 DOC# 556717
D. At such time as Dellinger elects to develop the Dellinger Parcel, Cambridge has
agreed to grant to Dellinger a temporary construction easement over the southeast portion of the
Cambridge Parcel, for the purpose of converting the temporary storm water impoundment area
described above into a permanent storm water detention pond. The cost of such construction
shall be borne solely by Dellinger as provided below. Effective upon completion of the pond,
Cambridge has agreed to grant to Dellinger a permanent non-exclusive easement over the
Cambridge Parcel, for the purpose of using, maintaining, inspecting, operating, repairing and
replacing the pond, the Drainage Line, the Stream, and any related drainage facilities crossing
the Cambridge Parcel that serve the Dellinger Parcel.
E. In order to document their agreements, the parties are entering into this Easement.
GRANT OF EASEMENTS
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Cambridge and
Dellinger agree, for themselves, and their respective heirs, successors and assigns, as follows:
I. Grant of Temporary Construction Easement. Cambridge grants to Dellinger,
and their heirs, successors and assigns, a temporary non-exclusive easement over, under and
across the portion of the Cambridge Parcel that is more particularly shown as the "BMP Area"
on Exhibit A attached to this Easement (the "BMP Area"), for the purpose of -
(a) Constructing and installing a permanent storm water detention pond and
related improvements (the "BMP Pond") within the BMP Area in accordance with the
Approved Plans (defined below); and
(b) Connecting the outfall lines from the BMP Pond to the Drainage Line to
be installed by Cambridge in connection with its development of the Cambridge Parcel,
within the area shown as the "Drainage Line Area" on Exhibit A attached to this
Easement.
The construction easements granted above shall include the right of ingress and egress
over other portions of the Cambridge Parcel, to the extent reasonably necessary for Dellinger to
exercise the easement rights set forth in the preceding sentence. The constructioneasements
shall terminate at the time the installation of the BMP Pond has been completed and finally
approved by all governmental authorities or, if earlier, the date ten (10) years from the date of
recording of this Easement.
2. Construction Standards. Dellinger shall install the BMP Pond and the other
drainage improvements within the BMP Area in accordance with plans and specifications
prepared by a civil engineer properly licensed in the State of North Carolina (the "Engineer"),
rich hall lue a i ,«sting by C b 'a .7--r to the commencement of construc_.tinn
wltiGu Jll"u uc approve-.' in 'Sru eufi � as:avr:..ge p"'
(the "Approved Plans). Dellinger shall perform all of its construction work at its sole expense,
in a good and workmanlike manner, in accordance with the Approved Plans, and shall comply
with all laws, regulations and ordinances applicable to such construction. Dellinger shall be
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BK 2636 PG 397 DOC# 556717
responsible for obtaining the requisite approvals and permits for the construction work from the
appropriate agencies of Lincoln County and/or the State of North Carolina.
Dellinger shall indemnify, defend and hold Cambridge harmless from and against any
and all claims, damages, losses and expenses (including, without limitation, court costs and
attorneys' fees) that may be caused or occasioned by it or its agents, employees or contractors, in
connection with its construction work under this Easement, including any claims, fines, damages
or penalties arising from its failure to comply with the laws referenced above, and agrees to
discharge or bond (within ten (10) days after receipt of notice of filing) any and all liens filed
against the Cambridge Parcel as a result of or relating to its construction.
3. Grant of Permanent Drainage Easement. Effective upon completion of the
construction work described in Paragraph 1, and the discharge or satisfaction of any liens or
other items affecting the Cambridge Parcel as a result of the acts of Dellinger, Cambridge grants
to Dellinger, its successors and assigns, a permanent non-exclusive easement over, under and
across the Cambridge Parcel for the following purposes: (a) to drain surface water from the
Dellinger Parcel into the BMP Pond, and then through the Drainage Line and the Stream into the
public storm drainage facilities in the right-of-way of N.C. Highway 16 Business; and (b) to
maintain, repair and replace any portion of the BMP Pond or the Drainage Line, including the
right of access, ingress and egress over other portions of the Cambridge Parcel to the extent
reasonably necessary for Dellinger to exercise the easement rights set forth above.
4. Conditions. The permanent drainage easement granted by Cambridge in
Paragraph 3 is subject to the following reserved rights and conditions:
(a) Dellinger shall promptly repair all damage to the Cambridge Parcel that
results from the exercise by Dellinger of its rights under this Easement.
(b) Cambridge reserves the right to convey or dedicate all or any portion of
the BMP Area, the Drainage Line or the Stream to Lincoln County or another appropriate
municipal agency or public utility. Upon any such conveyance or dedication, the
drainage easement created under Paragraph 3 shall terminate automatically with respect
to the portion of the Cambridge Parcel so conveyed or dedicated.
(c) Cambridge reserves the right to relocate all or any part of the Drainage
Line and/or the Stream from time to time at its sole expense, so long as Cambridge
obtains all necessary governmental permits and approvals for such relocation, and so long
as the relocated Drainage Line and/or Stream is adequate to transport storm water from
the BMP Pond into the existing public storm drainage facilities in the right-of-way of
N.C. Highway 16 Business.
5. Maintenance of Drainage Improvements. Until Dellinger elects to convert the
temporary storm water impoundment area on the Cambridge Parcel into the BMP Pond,
Cambridge shall be responsible for the maintenance of that area, including periodic mowing and
debris removal. Following the installation of the BMP Pond, Dellinger shall keep and maintain
the BMP Pond and the Drainage Line in good condition and repair, ordinary wear and tear
excepted, at no expense to Cambridge, and shall make all replacements as may be necessary or
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BK 2636 PG 398 DOC# 556717
appropriate to maintain such condition and state of repair. Notwithstanding the preceding
provisions of this Paragraph 51 Cambridge shall be solely responsible, at its expense, for any
such maintenance that is primarily necessitated by the negligence or wrongSul intentional acts of
Cambridge, its agents, contractors or employees.
If Dellinger fails to perform its maintenance obligations with respect to the BMP Pond
and the Drainage Line', except as provided in the preceding sentence, and if such failure or
default continues for a period of thirty (30) days after Dellinger has received written notice
specifying the nature of the default or failure from Cambridge, then Cambridge shall have the
right to perform any necessary maintenance or repairs, or to cause them to be performed, at the
expense of Dellinger. In that event, Dellinger shall be deemed to have contracted with
Cambridge to perform that work, and Cambridge shall be entitled to file a mechanic's lien
against the Dellinger Parcel for the reasonable cost of that work, together with interest thereon at
the lesser of twelve percent (12%) per annum or the highest rate of interest permitted by law, and
to recover that cost plus interest in an action at law against Dellinger, all in accordance with the
applicable laws of the State of North Carolina. In addition, Cambridge shall have any other
remedy available to it at law or in equity for such default.
6. hazardous Materials. Dellinger shall not discharge any hazardous materials
into the BMP Pond, the Drainage Line, the Stream or other portions of the Cambridge Parcel,
and shall be responsible for all clean-up charges or other assessments made on account of
damages to the environment caused by the discharge of hazardous materials by it, or its tenants,
agents, contractors or employees, onto the Cambridge Parcel.
7. No Rights in Public. This Easement is not intended; nor shall it be construed, to
grant any rights to the public in general.
8. Covenants Running With Land. The obligations, easements and conditions
contained in this Easement are covenants running with the land; and they are made by the parties
for the benefit of themselves, each future owner of fee simple title to all or part of the Dellinger
Parcel or the Cambridge Parcel, and the grantees, successors, assigns, lessees, agents, employees
and invitees of each of the foregoing.
9. Counterparts. This Easement may be executed in multiple counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the same
document.
I0. Amendments. This Easement may be amended only by a written agreement
executed by the owners of fee simple title to the Dellinger Parcel and the portion of the
Cambridge Parcel containing the BMP Area, and properly recorded in the Lincoln County Public
Registry.
lt, hrtt�cetl�ewgo��s_ This Fasern
e witent has been entered into; and shall be construed in
accordanch, the laws of the State of North Carolina. This Easement sets forth the entire
agreement of the parties with respect to the matters set forth herein, and supersedes any prior
written or oral understandings between the parties with respect to those matters.
!signatures on following paged
91112060 12943.01041

BK 2636 PG 399 DOC# 556717
IN WITNESS WHEREOF, Cambridge and Dellinger have executed this Easement as of
the day and year first above written.
GLM Holdings, LLC, a North Carolina limited
liability company
By: G. _o
Nam . George L. Maloomian
Title: Manager
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, Brianne L. Moran, a Notary Public for said County and State, do hereby certify that
George L. Maloomian, the Manager of GLM Holdings, LLC, a North Carolina limited liability
company, personally appeared before me this day and acknowledged the due execution of the
foregoing instrument on behalf of the company, in its capacity as aforeasid.
Witness my hand and official stamp or seal, this /4`1'4day of December, 2016.
My Commission Expires: (?6�
/ / otary Public
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9111206v1 12943.01041
[signatures continued]

BK 2636 PG 400 DOC# 556717
Cecil M. Dellinger, Jr. t' '
/(1/�
/rl Y
Doris D. Keever
STATE OF NORTH CAROLINA
COUNTY OF
L b.T0t� W t,1-9k0rZ6 i a Notary Public of the County and State aforesaid, certify
that CECIL M. DELLINGER. JR. personally appeared before me this day and acknowledged the
execution of the foregoing instrument.
Witness my hand and official stamp or seal, this 144h, day of December. 2016.
My Commission Expires: L Wic
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STATE OF NORTH CAROLINA
COUNTY OF j,iWCt,,)
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Notary's printed or typed name
I. 1' Taub W u c Lt'hr rr , a Notary Public of the County and State aforesaid, certify
that DORIS D. KEEVER personally appeared before me this day and acknowledged the
execution of the foregoing instrument.
Witness my hand and official stamp or seal. this JAt , day of December, 2016.
My Commission Expires:
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THIS MAP Is NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE LAND
\ DEVELOPMENT REGULATIONS.
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