SW1210502_S-DOC-1901780-Access & Maintenance Easement-2021-04-13_20210519

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This document presented and filed:
04/13/2021 09:16:52 AM
WB
WILLIAM LEE KING, Henderson COUNTY, NC
Transfer Tax: $0.00
ACCESS AND MAINTENANCE EASEMENT
Prepared by and return to: Troutman Pepper Hamilton Sanders LLP (A. Boddie)
301 S. College Street, Suite 3400
Charlotte, North Carolina 28202
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
THIS ACCESS .4ND MAINTENANCE EASEMENT (this "Easement") is made and
entered into as of the day of t;1 2021, by ALM ASHEVILLE, LLC, a
Delaware limited liability company ("Grantor"), to and in favor of NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY ("Grantee") (Grantor and Grantee are
hereinafter sometimes individually referred to as a "Party" and collectively referred to as the
"Parties").
WTTNESSETH:
WHEREAS, Grantor is the fee simple owner of certain real property located in the Town
of Mills River, Henderson County, North Carolina, being more particularly described on Exhibit
A attached hereto and incorporated herein by this reference (the "Grantor Property"); and
WHEREAS, Grantee approved the installation of certain Stormwater Control Measures
(the "SCMs") on the Grantor Property and Grantor has agreed to grant to Grantee a non-exclusive,
perpetual easement for the maintenance, repair and/or replacement of the SCMs as well as ingress
and egress in, over, under and upon the Grantor Property for the purpose of accessing the SCMs.;
and
113812425v5

Book 3689
Page 428
NOW, THEREFORE, Grantor hereby agrees as follows:
1. Recitals' Exhibits. The foregoing recitals are true and correct and, together with
the Exhibits attached hereto, are incorporated into this Easement by this reference.
2. Grant of Easement. Grantor does hereby grant and convey to Grantee a non-
exclusive easement over, under, across and through the Grantor Property for the maintenance,
repair and/or replacement of the SCMs as well as ingress and egress upon the Grantor Property for
the purpose of accessing the SCMs.
3. Restoration. Subject to the work authorized by this Easement, Grantee shall restore
the Grantor Property, together with any improvements located thereon, to its prior existing
condition at no cost or expense to Grantor. Grantee in exercising its rights hereunder, shall use its
best efforts to minimize any damage to the Grantor Property, including any improvements located
thereon, and limit any disruption of Grantor's use or enjoyment of the Grantor Property.
4. Duration. So long as the SCMs remain on the Grantor Property and are necessary
for the continued operation of the Grantor Property, this Easement shall be perpetual in duration,
5. Indemnification. As a condition to Grantee's entrance on the Grantor Property to
maintain, repair and replace the SCMs, Grantee shall indemnify and hold Grantor and Grantor's
tenants harmless from any claims, losses, damages and liabilities resulting from the Grantee's entry
onto the Grantor Property.
6. Miscellaneous Provisions.
a. Covenants Running With the Land; Binding Effect. This Easement, and the
rights and interests created herein shall run with the land.
b. Enforcement. Grantor and Grantee have all rights and remedies available at
law or in equity, in the enforcement of their respective rights and obligations under this Easement.
c. Governin& Law, Attorneys' Fees. This Easement shall be governed in
accordance with the laws of the state of North Carolina.
d. No Third -Party Beneficiaries. No person or entity shall be deemed a
beneficiary of the terms of this Easement, unless specifically provided for herein. The easement
granted herein and other terms and conditions of this Easement shall not constitute dedications to
the public.
[Remainder of page left intentionally blank; signatures begin on following page.]
2
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Book 3689
Page 429
IN WITNESS WHEREOF, the undersigned has executed the foregoing Easement the day and
year first above written.
GRANTOR:
ALM ASHEVILLE, LLC,
a Delaware limited liability company
By: LM Logistics REIT,
a Texas real estate investment trust, its sole
member
By:
Name: 63
Title:
.R
STATE OF :' C k_ 5
COUNTY OF A-C Y6V—
I, a notary public of the state of and the County of lay=`ts 1 -,certify that the
following person personally appeared before me this day, and he/she acknowledged to me that
he/she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: r o j' as a�Yr� �- h t�. of LM Logistics RETT, a Texas real estate
investment trust, the sole member of A� h ville LLC.
Witness my hand and official stamp or seal, this the day of , 2021.
Notary Public
Print Name:
ffNontary
ANN SANTIAGO� Public, State of Teas[Note: Notary Public must sign exactly as on notary seal]
y Comm. Up.11-04-2024ID No.13276396-3 My Commission Expires:_
� [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
113812425v5

Book 3689
Page 430
Exhibit A
Grantor Property Legal Description
All that certain lot or parcel of land located in the Town of Mill River, Henderson County, North
Carolina, being more particularly described as follows:
BEGINNING at a metal right-of-way monument found in the southeasterly right-of-way line of
Boyleston Highway (N.C. Highway 280), said right-of-way monument lying South 49 deg 58' 27"
East a distance of 221.78 feet from NGS Monument `Boyleston" (having North Carolina Grid
Coordinates (NAD 83/2011) of North(y) = 625,717.43' and East(x) = 942,955.32'); running thence
with the southeasterly right-of-way line of Boyleston Highway (N.C. Highway 280) North 50 deg 26'
3 1 " East a distance of 196.19 feet to a new iron pipe set; thence a new line South 42 deg. 17' 17" East a
distance of 241.20 feet to a new iron pipe set in the westerly line of property owned, now or formerly,
by Tiltin' B LLC (Deed Book 1011, Page 291, Henderson County Register of Deeds); thence with the
line of said Tiltin' B LLC property South 05 deg. 17'32" West a distance of 75.52 feet to a new iron
pipe set; thence with a new line the following three (3) courses and distances:
1) South 84 deg 42' 28" East a distance of 171.46 feet to an iron pipe set;
2) South 05 deg 18' 50" West a distance of 1222.73 feet to an iron pipe set; and
3) North 84 deg 11' 55" West a distance of 171.00 feet to an iron pipe set in the westerly line of
said Tiltin' B LLC property;
Thence with the line of said Tiltin' B LLC property South 05 deg. 17'32" West a distance of 125.83
feet to a metal rebar found in the easterly line of property owned, now or formerly, by FTB Properties,
LLC (Deed Book 1193, Page 695, Henderson County Register of Deeds and Plat Book 2004, Slide
4958, Henderson County Register of Deeds); thence with the line of said FTB Properties, LLC North
00 deg 10' 28" West a distance of 126.51 feet to a metal rebar found in the centerline of the easterly
terminus of a 60 foot right-of-way known as Miles View Drive (see Plat Book 2004, Slide 4958);
thence with the centerline of said Miles View Drive North 84 deg 11' 55" West a distance of 942.32
feet to a magnetic nail found in the easterly right-of-way line of Fanning Fields Road [SR 1354];
thence with the right-of-way line of Fanning Fields Road the following four (4) courses and distances:
1) With a curve concave to the southeast a chord bearing of North 24 deg 55' 39" East a chord
distance of 107.51 feet to an iron pipe set, said curve having a radius of 410.86 feet and an arc
length of 107.82 feet;
2) North 32 deg 3 F 57" East a distance of 157.45 feet to a metal rebar found;
3) With a curve to the left a chord bearing of North 16 deg 30' 38" East a chord distance of 82.58
feet to an iron pipe set, said curve having a radius of 149.30 feet and an arc length of 83.67
feet; and
4) North 00 deg 47' 3 1 " West a distance of 165.91 feet to a metal right-of-way monument found
in the southeasterly right-of-way line of Boyleston Highway;
Thence with the southeasterly right-of-way line of Boyleston Highway (N.C. Highway 280) the
following three (3) courses and distances:
1) North 35 deg 08' 11" East a distance of 451.88 feet to a metal right-of-way monument found;
2) North 35 deg 51' 55" East a distance of 196.54 feet to a metal right-of-way monument found;
and
3) North 43 deg 11' 30" East a distance of 334.81 feet to the point and place of BEGINNING,
4
1138124250

Book 3689
Page 431
Containing 26.501 acres more or less (including 0.647 acres [28,165 Sq. Ft. +/-] lying within the right
of way of Miles View Drive), BEING ALL of that Lot 1 shown on Plat Book 2020, Slide 12360,
Henderson County Register of Deeds Office
TOGETHER WITH a 100' Temporary Construction and Grading Easement described as follows:
The point of beginning is an iron pipe that is located the following five calls from North Carolina
Geological Survey Monument "Boylston" (having the North Carolina plane coordinates of N(y) _
625.717.43' and E(x) = 942.955.32') (NAD 83/2011): South 49 degrees 58 minutes 27 seconds East 221.78
feet to a NC Department of Transportation right-of-way disk in the eastern margin of the right-of-way for
Boylston Highway; thence with the margin of the right-of-way for Boylston Highway North 50 degrees
26 minutes 31 seconds East 196.19 feet to an iron pipe; thence leaving the margin of the right-of-way for
Boylston Highway South 42 degrees 17 minutes 17 seconds East 241.20 feet to an iron pipe; thence South
05 degrees 17 minutes 32 seconds West 75.52 feet to an iron pipe; thence South 84 degrees 42 minutes 28
seconds East 171.46 feet to an iron pipe, which iron pipe is the point of beginning; and from the point of
beginning South 05 degrees 18 minutes 50 seconds West 1,222.73 feet to an iron pipe; thence South 84
degrees 11 minutes 55 seconds East 100 feet to an unmarked point; thence; North 05 degrees 18 minutes
50 seconds East 1,222.73 feet to an unmarked point; thence North 84 degrees 42 minutes 28 seconds West
100 feet to the point of beginning.
5
113812425v5

L E G E N D
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REVIEW OFFICER'S CERTIFICATE
Stele oI Nwlh Cerdine
I, Pam Carver, Review Officer HeMeraon Count', rR
Net the map or plat la whkh 0ii,mnific MI' iaR eE
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Slpnetl:^_ Dale: r.m
BK 2021 PG 13228 -13228 (1) DOC# 952591
This Document eRecorded: 05106/2021 12:58:16 PM
Fee: $21.00
Henderson County, North Carolina
William Lee King, Register of Deeds
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R E F E R E N C E S
THE BOUNDARY IS OF LOT 1 OF PLAT BOOK 2020, PAGE 12360
ACCESS AND MAINTENANCE EASEMENT- DEED BOOK 3689. PAGE 427.
OPERATIONS & MAINTENANCE AGREEMENT- DEED BOOK 3689, PAGE 473.
VICINITY
IN
EXHIBIT OF EXISTING
STORMWATER CONTROL MEASURES
394 Fanning Fields Road
Amazon DRT4
OWNER: ALM ASHEVILLE, LLC
PIN:9642340810
D.B 3407, P. 435, P B. 2020, SL 12360, LOT 1
TOWN OF MILLS RIVER
HENDERSON CW NTY, NORTH CAROLINA
SCALE: 1'=60' Og4d 021
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