20210159 Ver 1_2nd Easement Agreement_20210914

Strickland, Bev
From: Deborah Shirley <[e-mail]>
Sent: Tuesday, September 14, 2021 1:29 PM
To: Cohn, Colleen M
Subject: [External] RE: Harmony Landing Subdivision
Attachments: Harmony Landing - Edgemont HOA - temp grading esmt (greenway).pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Colleen,
I have reached out to the applicant, and they do have an easement agreement that has been drafted and agreed upon
and is to be recorded within the next 2-3 weeks. Please see attached.
Please let me know if you need anything additional or have any further questions.
Thanks,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
Mobile [phone]
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Cohn, Colleen M <[e-mail]>
Sent: Wednesday, September 8, 2021 3:59 PM
To: Deborah Shirley <[e-mail]>
Subject: Harmony Landing Subdivision
Hello Deborah,
I am reviewing the application for the above referenced site, in order to complete the review process, some additional
information is required:
1. It appears that the buffer impacts requested on the application are on an adjourning property owned by the
Edgemont Landing Homeowners Association. Have permissions been granted by Edgemont Landing
Homeowners Association for this work?
Thanks,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
1

Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
2

Prepared by and return to:
Michael R. Ganley, Attorney, Bagwell Holt Smith P.A.
111 Cloister Court, Suite 200, Chapel Hill, NC 27514
TEMPORARY CONSTRUCTION EASEMENT
WAKE COUNTY
This Temporary Construction Easement (this "Easement") is made 2021
by and between Edgemont Landing Homeowners Association, a North Carolina nonprofit corporation,
their successors and assigns, 2000 Aerial Center Parkway, Ste, 110A, Morrisville NC 27560 (referred to
herein as "Grantor"), and Forestar (USA) Real Estate Group, Inc., a Delaware corporation, 3330
Cumberland Boulevard, Suite 275 Atlanta, GA 30339, its successors and assigns ("Grantee"). Grantor
and Grantee state and acknowledge as follows:
A. Grantor is the owner of that certain tract of land which is more fully described in that deed
of record at Book 17353 Page 331, Wake County Register of Deeds (the "Grantor's
Tract").
B. Grantee is the owner of that certain tract of land which is more fully described in those
deeds of record at Book 18359 Page 1398 and Book 18359 Page 1404, both Wake
County Register of Deeds (collectively, the "Grantor's Tract").
C. In connection with the construction and development of the Grantee's Tract, Grantee has
requested of Grantor that it be given a temporary grading easement over a portion of the
Grantor's Tract to facilitate the development of the Grantee's Tract, on terms and
conditions hereinafter set forth, with the area of said easement being depicted on Exhibit
B attached hereto and incorporated herein by reference (the "Easement Area").
D. Grantor has agreed to convey to the Grantee the temporary right-of-way and easements
herein described.
THEREFORE, in consideration of the sum of Ten Dollars and other valuable consideration paid and
received, Grantor hereby covenants and agrees as follows:
Grantor, it's successors and assigns, hereby bargain, sell and convey to Grantee a nonexclusive,
appurtenant and temporary easement, over the Easement Area, to have and to hold said easement unto
Grantee, its successors and assigns, for the temporary period of time as provided herein. The easement
granted hereunder shall be for the following uses and purposes, and no other: (a) grading, spreading,
cutting filling and sloping the Easement Area as necessary; (b) ingress and egress of construction
equipment and personnel, storage of construction materials and any and all activities supporting the
grading of the Easement Area; and (c) all purposes incidental thereto, including but not limited to access.
This conveyance is being made subject to all deeds of trust, liens, encumbrances, judgments,
restrictions, and civil proceedings of record.

TO HAVE AND TO HOLD said right-of-way and easements unto Grantee, it being agreed
that the right-of-way and easements are appurtenant to and run with the land for the benefit of the
Grantee, its successors and assigns as long as the easements are necessary for construction and
installation of said utilities, and it is understood and agreed that upon completion of all construction the
temporary easements and right-of-way shall cease to exist.
The Grantee covenants to maintain the easements in good repair so that no
unreasonable damage will result from their use to the land of the Grantor, its successors and assigns,
and will restore Grantor's land to its original condition to the extent practicable.
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 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 set its hand and seal this the day
and year first above written.
EDGEMONT LANDING HOMEOWNERS
ASSOCIATION
By:
Name:
Its:
NORTH CAROLINA
COUNTY
I certify that the following persons personally appeared before me this day, acknowledging to me that they
signed the foregoing document on behalf of Edgemont Landing Homeowners Association, in the capacity
indicated above:
Date:
Official Signature of Notary Public
(Official Seal)
Notary Public
Notary's Printed or Typed Name
My commission expires:

EXHIBIT A
EASEMENT AREA
Beginning at a point with NG Grid NAD 83/2011 coordinates N(y):750,258.72'
E(x):2,175,441.83', Said point being located S 81°17'34" E a distance of 264.26' from
an existing iron pipe with NC Grid NAD 83/2011 coordinates N(y) 750,299.00'
E(x):2,175,180.65'; Thence leaving point S 81017'34" E a distance of 49.47' to a point,
Thence S 21 "14'24" W a distance of 32.67' to a point, Thence S 21 °20'13" W a distance
of 33.90' to a point; Thence S 03°01'58" E a distance of 18.65' to a point; Thence
S 17"26'39" E a distance of 20.16' to a point; Thence S 59020'43" E a distance of 36.77'
to a point; Thence S 36"38'44" E a distance of 29.94' to a point; Thence S 11'49'08" E a
distance of 35.37' to a point; Thence S 08054'06" W a distance of 7.18' to a point;
Thence S 59045'30" W a distance of 3.49' to a point; Thence S 56"22'57" W a distance
of 14.96to a point; Thence N 68°29'55" W a distance of 33.35' to a point; Thence
N 35"45'14" W a distance of 36.47' to a point; Thence N 28044'59" W a distance of
32.41' to a point; Thence N 02036'52" W a distance of 43.26' to a point; Thence
N 04*43'12" E a distance of 43.16' to a point; Thence N 0203028" E a distance of 27.06'
to a point; Thence N 00'59'16" E a distance of 11.45' to a point; Thence N 45°00'00" W
a distance of 9.82` to a point; Which is the point of Beginning, Containing an area of
7,999 Square Feet, 0.184 Acres.

ti
m
N
ifyArm
� y
y
_ -
\\V
z
1 kil,
H / l
m O n !
S�iIN
. N,^,
to
{ II
l
�we
1 • tR
r
i� C3
GRk��y,lA
. J rZr
L�
I O
G
L
T
- - CtIFIJ T. �>FFPM3.
ti HARMONY LANDING SU8D1'VISaN ���(+Qm�i
VJENJELi, NC OR oll ��JJ
,+ Owvlft NO 27171
OFFSITE GRADING EXHIBIT- GREENVV,AY