20070047 Ver 1_More Info Letter_20061206

DEED FOR HIGHWAY RIGHT OF WAY
THIS INSTRUMENT DRAWN BY
CHECKED BY
RETURN TO: Division Right of Way Agent
NCDOT - 3113 N. Kerr Avenue
Wilmington, NC 28405
NORTH CAROLINA
COUNTY OF BRUNSWICK
TAX MAP AND LOT 21900001
T.I.P. No.:
WBS ELEMENT:
PARCEL NUMBER:
ROUTE:
R-2245
34407.3.1
R-2245
Second Bridge to Oak Island
THIS FEE SIMPLE DEED, made and entered into this the day of 2006
by and between Dr. DeCarol Williamson and wife, Jan Williamson, and LaDane Williamson
ADD ADDRESS HERE
hereinafter referred to as GRANTORS, and the Department of Transportation, an agency of the State of North
Carolina, hereinafter referred to as the Department;
WITNESSETH
That the GRANTORS, for themselves, their heirs, successors, and assigns, for and in consideration
of the sum of $ agreed to be paid by the DEPARTMENT to the GRANTORS, do hereby
give, grant and convey unto the DEPARTMENT, its successors and assigns, in FEE SIMPLE (together with
any provisions relating to abutter's rights of access which may be hereinafter stated), that certain property
located in Lockwood Folly Township, Brunswick County, North Carolina, which is particularly
described as follows:
Control of Access Right of Wav for Access Corridor 4 (ACC4) for Transportation Improvement Program Proiect
R-2245 (hereinafter. "ACC4 Right of Wav"):
ACC 4: [insert legal description here]
The property hereinabove described is a portion of the property acquired by the GRANTORS by
instrument(s) recorded in the Brunswick County Registry in Deed Book Page
IT IS UNDERSTOOD AND AGREED between the parties hereto that this conveyance is made for the
purpose of constructing and establishing upon the right of way hereby conveyed a road or highway designated
as State Highway Project 34407.3.1, Transportation Improvement Program Project R-2245 (hereinafter, "the
Project"), Brunswick County, which road or highway is a controlled access facility as defined bylaw and the
GRANTORS shall have no right of access to said road or highway, except as shown on the final right of way
plans (hereinafter, "Plans") and specifically subject to the restrictions upon access for the ACC3 Corridor set
forth hereinafter. The Plans for the Project showing the above described right of way are to be certified and
recorded in the Office of the Register of Deeds for said County pursuant to N.C.G.S. 136-19.4, reference to
which Plans is hereby made for purposes of further description and for greater certainty.
The Grantors by the execution of this instrument, acknowledge that the Plans for the Project as they
affect their remaining property have been fully explained to them or their authorized representative, and they
do hereby release the Grantee, its successors and assigns from any and all claims for damages resulting
from the construction of said Project or from the past, present or future use of said premises herein conveyed
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for any purpose for which the said Department is authorized by law to subject the same.
Conveyance of the ACC4 Right of Way is made for the acquisition of Right of Way for a Control of
Access Corridor (ACC4); however, it is specifically understood that any road or highway constructed or
established thereon shall be constructed by and at the expense of the Grantors, or their successors in title to the
adjoining lands, and not by the Department.
Access from the adjoining property of the Grantors to the future road or highway that may be
constructed by the Grantors within the said ACC4 corridor will be allowed at a point more particularly described
as follows: By means of a specific access point 100 feet in width, which is located along the following described
line: Beginning at a point [insert description here].
The Grantors, as owners of the adjoining property, or their successors in title, must obtain from the
Department an approved driveway access permit prior to beginning construction of the road or highway within
the ACC4 corridor. The application for a driveway access permit shall be made in accordance with the North
Carolina Department of Transportation's "Policy On Street and Driveway Access to North Carolina Highways" in
effect at the time of such application, subject to the rules, regulations, conditions, specifications, and permit
processes of the NCDOT and those of any local governments, including but not limited to the submission to, and
approval by, such governmental entities of a proposed site development and traffic plan. The Grantors, or their
successors in title, will be solely responsible for the planning, design, and construction of the road or highway
within the ACC4 corridor, and for obtaining any and all permits necessary for the construction of the road. Said
road must be a control of access facility, and must be built in accordance with the minimum right-of-way and
construction standards contained in the North Carolina Department of Transportation's "Subdivision Roads
Minimum Construction Standards" manual in effect at the time of the application for the driveway access permit,
and in accordance with any conditions of the approved driveway access permit. Said access shall. be subject to
any restrictions upon any requested revision of control of access as set forth on the Plans for said Project.
TO HAVE AND TO HOLD the aforesaid premises and all privileges and appurtenances thereunto
belonging to the DEPARTMENT, its successors and assigns in FEE SIMPLE, for the past, present and future
use thereof and for all purposes which the said Department is authorized bylaw to subject the same.
And the GRANTORS covenant with the DEPARTMENT, that the GRANTORS are seized of the
premises in fee simple, have the right to convey the same in fee simple, or by easement as indicated, that the
title thereto is marketable and free and clear of all encumbrances, and that the GRANTORS will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter
stated. Title to the property hereinabove described is hereby conveyed subject to the following exceptions:
NONE
IN WITNESS WHEREOF, the GRANTORS have hereunto set their hands and seals (or if corporate, has
caused the instrument to be signed in its corporate name by its duly authorized officers and its seal to be
hereunto affixed by authority of its Board of Directors) the day and year first above written.
BY:
DeCarol Williamson
BY:
LaDane Willamson
BY:
Jan Williamson
ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION BY:
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STATE OF COUNTY OF
1. a Notary Public for said County
and State, certify that
personally appeared before me this day and executed the foregoing
instrument.
Witness my hand and official stamp or seal, this the day of
. 2006
My commission expires
~ - ~ Notary Public
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