Circle K recorded access easement

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Engineering Department IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlI111111111111Illlllllllll11111111111111111111111
ATTN: Stormwater Management Program Doc ID: 013044330006 Type: CRP
City Of.GOldsbor0 Recorded: 11/10/2020 at 01:22:10 PM
Y Fee Amt: $26.00 Page 1 of 6
200 North Center Street, Goldsboro,NC 27533 WAYNE COUNTY, NC
JUDY HARRISON REGISTER OF DEEDS
NORTH CAROLINA BK3569 PG805-310
WAYNE COUNTY
STORMWATER CONTROL STRUCTURE AND ACCESS EASEMENT AND
AGREEMENT(Corporate)
THIS STORMWATER CONTROL STRUCTURE AND ACCESS EASEMENT AND
AGREEMENT, made this 9th day of November, 2020, (Date of Agreement) by Circle K(Name
of Owner), a North Carolina corporation whose principal address is 1100 Situs Court, Suite 100
Raleigh,NC 27606, (hereafter"Grantor"), with, to, and for the benefit of the City of Goldsboro,
a municipal corporation of the State of North Carolina, whose address is 200 North Center
Street, Goldsboro, North Carolina 27533 (hereinafter"Grantee" or"City"),
WITNESSETH:
WHEREAS, Grantor is the owner in fee simple of certain real property, situated in the City of
Goldsboro (or its Extraterritorial Jurisdiction or ETJ), County of Wayne,North Carolina and
more particularly described as follows:
LEGAL DESCRIPTION OF PROPERTY:
Lot 3, Plat 053-C
It being the same land conveyed to the Grantor by deed recorded in Book 1819 at page 801 in the
Office of the Register of Deeds for Wayne County(hereafter referred to as"Property"); and
WHEREAS, the property is located within the planning jurisdiction of the City of Goldsboro,
and is subject to certain requirements set forth in the Unified Development Ordinance of the
City, (hereafter"UDO"), as such may be amended from time to time; and
WHEREAS, one of the conditions for development of Property is the granting or dedication of a
Stormwater Control Structure easement, which includes the implementation of certain
stormwater practices such as, but not limited to, the construction, operation and maintenance of
engineered stormwater control structure(s) as provided in the UDO:the dedication of an access
easement for inspection and maintenance of the Stormwater Control Structure easement area and
engineered structures; and the assumption by Grantor of certain specified maintenance and repair
responsibilities; and
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WHEREAS, this Easement and Agreement has been procured in,accordance with the
requirements of N.C. G.S. Sec 143-211 et. seq., Article V, Section 6.5 of the UDO, and the
Stormwater Permit application required by the City of Goldsboro.
NOW, THEREFORE, for a valuable consideration, including the benefits Grantor may derive
therefrom, the receipt of which is hereby acknowledged, Grantor has dedicated, bargained and
conveyed and by these presents does hereby dedicate bargain, sell, grant and convey unto the
Grantee, its successors and assigns, a perpetual, and irrevocable right and easement in, on, over,
under, through and across the Property for a STORMWATER CONTROL STRUCTURE
easement("hereafter SCS Easement") of the nature and character and to the extent hereinafter set
forth, more particularly shown and described on Attachment 1, Stormwater Easement
Exhibit(Name of Drawing) which is attached hereto and incorporated herein by reference; upon
which Grantor shall construct, maintain, repair and reconstruct Stormwater control structure(s),
including but not limited to detention pond(s), bioretention area(s), wetland(s), swales, pipes and
water control structures, berms and dikes, and shall establish and maintain vegetative filters and
groundcovers; and an access easement more particularly shown and described on Attachment 1
(Attachment Number), for the purpose of permitting City inspection and, if necessary,
maintenance and repair of the SCS Easement and engineered structure(s) as more fully set forth
herein and in the UDO and Stormwater Permit.
The terms, conditions, and restrictions of the Stormwater Control Structure Easement and Access
Easement are:
1. The requirements pertaining to the SCS Easement are more fully set forth in Article V, Section
6.5 of the UDO,the City of Goldsboro's Stormwater Management Program (a copy of which is
on file in-the City of Goldsboro Engineering Department), and the Stormwater Permit
Application. Grantor further agrees Grantor shall perform the following, all at its sole cost and
expense, in addition to activities in the Property Operations and Maintenance Manual ("hereafter
the O&M Manual") unless already described within or on the As-built Drawing:
I. Monthly or after every runoff producing rainfall, whichever comes first:
Remove debris from trash rack or outlet.
Check and clear orifice of any obstructions.
Check side slopes; remove trash, repair eroded areas before next rainfall.
I1. Quarterly
Inspect the collection system (i.e., catch basin, piping, grassed swales, etc.) for proper
functioning. Clear accumulated trash from basin grates, and basin bottoms, and check
piping and other inlet structures for obstructions.
Check inlet pipes, swales and ditches for undercutting. Repair if necessary.
Repair any broken pipes.
Replace rip rap that is choked with sediment.
Reseed grassed swales twice yearly. Repair eroded areas immediately.
III. Semi-Annually
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Remove accumulated sediment from bottom of outlet:structure.
Check available ponding depths at several locations. If depths are reduced to 75%of
original design depths, remove sediment to original design depth.
IV. General
Mow side slopes_according to the season and species of vegetation.
Cattails and other invasive species shall be removed when they interfere with the
operation of the SCS, and before they cover the entire area of any open surface.
All components of the engineered structures are to be kept in good working order.
In case the ownership of the Stormwater Control Structure is to be transferred, the current
owner shall, thirty (30) days prior to the transfer of ownership, notify the City of
Goldsboro Engineering Department of such ownership transfer.
This property and structure are also subject to the O&M Manual filed with the register of
deeds.
2. Grantor represents and warrants that Grantor is financially responsible for construction,
maintenance, repair and replacement of all stormwater control structures, appurtenances and
vegetation, including impoundments. Grantor agrees to perform the maintenance as outlined
above and in the O&M Manual in consideration of the Stormwater Permit received for Property.
3. If Grantor fails to comply with these requirements, or any other obligations imposed herein, in
the UDO, Stormwater Permit or O&M Manual the City of Goldsboro may perform such work as
Grantor is responsible for and recover the costs thereof from Grantor.
4. This Easement and Agreement gives the Grantee the following affirmative rights: Grantee, its
officers, employees, and agents may enter Stormwater Control Structure and Access Easement
whenever reasonably necessary for the purpose of inspecting same to determine compliance
herewith, to maintain same and make repairs or replacements to the engineered stormwater
control structure(s) and appurtenances and conditions as may be necessary or convenient thereto
in the event Grantor defaults in its obligations and to recover from Grantor the cost thereof, and
in addition to other rights and remedies available to it, to enforce by proceedings at law or in
equity the rights, covenants, duties, and other obligations herein imposed.
The Grantor shall in all other respects remain the fee owner of Property and area subject to these
easements, and may make all lawful uses of Property not inconsistent with these easements.
The Grantee does not waive or forfeit the right to take action to ensure compliance with the
terms, conditions and purposes of this Easement and Agreement by a prior failure to act.
The Grantor agrees that the terms, conditions and restrictions of this easement will be inserted by
Grantor in any subsequent deed or other legal instrument by which he divests himself of either
the fee simple title to or possessory interests in the subject property. The designation Grantor and
Grantee shall include the parties, their heirs, successors and assigns.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easements herein granted to the
Grantee, its successors and assiZn
gns forever and the same Grantor does covenant and that Grantor
is seized of said premises in fee and has the right to convey the same, that except as set forth
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below the same are free from encumbrances and that Grantor will warrant and defend the said
title to the same against claims of all persons whosoever.
The covenants agreed hereto and the conditions imposed herein shall be binding upon the
Grantor and its agents, personal representatives, heirs and assigns and all other successors to
Grantor in interest and shall continue as a servitude running in perpetuity with the above.
described land.
IN WITNESS WHEREOF, the Grantor has caused this 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.
C' c
Grantor .
President
;Attest.;
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rsli�-ned Notary Public, do hereby certify and State aforesaid, do hereby certify that
;°j�'�? �`ff') �• ����r. personally appeared before me this day and acknowledged
execution of the foregoing instrument. Witness my hand and official sea]this day of
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My commission expires: rr v7✓� Dad✓
Nota y Public
[Official Seal] ROBIN F. ALFORD
NOTARY PUBLIC
Johnston Cour)ty
North Carolina
My Commission Expir®s ApriI23,2023
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Attachment 1
Stormwater Easement Exhibit
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TheJohn N.McAdams Company,Inc PLAN INFORMATION
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905Merid'ssnpark CIRCLE K GOLDSBORO
Wrham•IJC Dxx3 PROJECF NO. CCK-19020
STORMWATER EASEMENT EXHIBIT FILENAME
phone [phone]= CHECKED BY RW
h.919:361.I1% CAROLINA COMMERCE DRIVE DRAWN BY CIR
0cerlse number:C-0193,C.M
MCADAMS —ad....... GOLDSBORO,NORTH CAROLINA 27530 DATE ll.04.2020
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