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HomeMy WebLinkAboutNC0001406_Deed of Easement_20081112nc PM r //II/II//IihIII/IIIII/IIIIIII//II/I///III/i/i!/fii///i//ii/ FOR REGISTRATION REGISTER OF DEEDS KIMBERLY S. HARGROVE FCOUNTY, NC2009EB 1:PM BK: 2590 PG:701-705 FEE: $23, 00 . INSTRUMENT # 2009001811 This document prepared by: Jennifer J. Slusser, Harnett County P.O. Box 238 Lillington, NC 275 NORTH CAROLINA HARNETT COUNTY DEED OF EASEMENT� PIN: 0597-� ?LA7R.?°WATER QUALITY POINT SOURCE BRANCH THIS DEED OF EASEMENT, made this ( Z. day of JvDdPenkiZ Zv.Mby and between TOWN OF ERWIN, a municipal corporation organized and existing under the laws of too Wei r St the State of North Carolina, hereinafter "Grantor" and COUNTY OF HARNETT, a body f politic organized and existing under the laws of the State of North Carolina, hereinafter "Grantee." WHEREAS, the Grantor is the owner of a certain tract of land lying and being in Duke Township, Harnett County, North Carolina, the same being the land conveyed to the Grantor, by deed recorded in Deed Book 1872, Page 238, Harnett County Registry, which deed is hereby referred to for greater certainty of description; and WHEREAS, the Grantee is in need of and desires to acquire the easements and rights -of - way herein described over and under, through and across the land of the Grantor in order that it may perform one of its governmental functions and in order to construct, install, improve, remove, replace, inspect, repair, maintain and use- a system of pipelines or mains for public sanitary sewer purposes, together with all appurtenant facilities and equipment necessary or convenient thereto; and WHEREAS, the Grantor has agreed to convey to the Grantee the rights -of -way and easements herein described; NOW, THEREFORE, FOR AND IN GOOD AND VALUABLE CONSIDERATION in the amount of One Dollar ($1.00), receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, transfer and convey into Grantee, its successors and assigns, a temporary and permanent non-exclusive easement as shown herein, with the right to erect, construct, install, improve, remove, replace, inspect, repair, maintain and use a system of pipelines or mains for public sanitary sewer purposes, together with all appurtenant facilities and equipment necessary or convenient thereto for the collection and transmission of waste water which can be transported through pipelines, and mains, together with the right of ingress_ and egress to and from the same, over and under, through and across the land hereinafter described which land, is situated in Duke Township, in Harnett County, State of North Carolina, and more particularly described as follows: Permanent Easement: Being all of that twenty foot (20') permanent non-exclusive access and sewer line easement as shown upon Tract #3 on that plat and survey entitled "A Subdivision Survey for The Town of Erwin, Harnett County", being surveyed by David Ward Surveying, said plat dated March 21, 2008 and recorded in Map Book ZOO1( Page 10'7q, Harnett County Registry. TO HAVE AND TO HOLD said rights -of -way and easements unto said Grantee, its successors and assigns continuously and forever. The parties understand that -this easement is non-exclusive in nature, however, Grantor shall take no action which would frustrate the purpose of the easements granted herein and that would interfere with the normal operation and maintenance of said line or lines, appurtenant facilities and equipment necessary or convenient thereto. Grantee shall have the right to clear and keep clear all trees, undergrowth and other obstructions from the right-of-way herein granted. Upon notice by Grantee, Grantor, its successors and assigns shall cause any interference with the normal operation and maintenance of said line or lines, appurtenant facilities and equipment necessary or convenient thereto to be removed or altered in such a manner as to not cause interference with the normal operation and maintenance of said line or lines, appurtenant facilities and equipment necessary or convenient thereto. The consideration hereinabove recited shall constitute payment in full for any damages to the land of the Grantor, its successors and assigns, by reason of the installation, operation and maintenance of the said line or lines, appurtenant facilities and equipment necessary or convenient thereto. The terms and conditions hereof shall be binding upon and inure to the benefit of the heirs, executors, administrators, devisees, successors, trustees or assigns of the parties hereto. The grant and other provisions of this right-of-way and easement shall constitute and covenant running with the land for the benefit of Grantee, its successors and assigns. The singular, as used herein, shall include the plural and any reference to gender shall include masculine, feminine and neuter. IN WITNESS WHEREOF, the Grantor has hereunto sat its hand and seal this thaday of Novembtt, 2008'. (THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY) TOWN OF ERWIN (Seal) PATSY M. C SON, MAYOR ATTEST: (SEAL) PAM ADDISON, TOWN CLERK STATE OF NORTH CAROLINA COUNTY OF HARNETT r >1� I, rr.e IQ tI� T IOCi P , Notary Public of the Countyand State aforesaid, do hereby cert fy tht Patsy M. Carson personally appeared before me this day and acknowledged that she is Mayor of the Town of Erwin, a Municipal Corporation, that by authority duly given and as the act of the Municipal Corporation, the foregoing instrument was signed in its name by its Mayor, Patsy M. Carson, sealed with its Corporate Seal, and attested by its Town Clerk. ness my hand and seal, this the I \l(1day of V c}VFty-lY i, 2008. KIMBERLY S. HARGROVE REGISTER OF DEEDS, HARNETT 305 W CORNELIUS HARNETT BLVD SUITE 200 LILLINGTON, NC 27546 Filed For Registration: 02/11/2009 03:30:14 PM Book: RE 2590 Page: 701-705 Document No.: 2009001811 DEED/EASE 5 PGS $23.00 Recorder: MARY ANNE WOOD State of North Carolina, County of Harnett KIMBERLY S. HARGROVE , REGISTER OF DEEDS DO NOT DISCARD *2009001811* 2009001811