HomeMy WebLinkAboutWQ0043330_Application Attachment_20220501 (3)BK 11420 PG 0141
FILED ELECTRONICALLY
CUMBERLAND COUNTY NC
J. LEE WARREN, JR.
FILED Mar 16, 2022
AT 12:29:15 PM
BOOK 11420
START PAGE 0141
END PAGE 0145
INSTRUMENT # 10997
RECORDING $26.00
EXCISE TAX $2.00
Excise Tax: $2.00 This document prepared by: H. Addison Winters
NORTH CAROLINA DEED OF EASEMENT WITH
AGREED UPON TERMS
CUMBERLAND COUNTY
This Deed of Easement made this the I-3 day of March, 2022, by and between Sperring
Memorial Baptist Church, Inc. a North Carolina non-profit corporation, located at 5869 Yadkin
Road, Fayetteville, NC 28303 devoted to spreading the Gospel of Jesus Christ, hereinafter
referred to as "Grantor", and Song Ye Kim, of 2623 Thorngrove Court, Fayetteville, NC 28303,
hereinafter referred to as "Grantee". Additionally, Grantee executes this Deed of Easement of
document its acceptance of the conditions noted herein.
THAT WHEREAS, this Deed of Easement is conveyed to Grantee by Grantor and
Grantor agrees to pay Grantee $32,000.00 therefor.
NOW THEREFORE, the Grantor, upon receipt of payment of $32,000.00 from Grantee,
and other good and valuable consideration hereby grants, bargains, sells, transfers and conveys
into Grantee, its successors and assigns, a temporary and permanent easement as shown herein
with the right to erect, construct, install and lay pipeline or pipelines and appurtenances 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,
Submitted electronically by Yarborough Winters & Neville PA in compliance with North Carolina statutes governing recordable
documents and the terms of the submitter agreement with the Cumberland County Register of Deeds.
BK 11420 PG 0142
through and across the land hereinafter described which land is situated at Horshoe Road and
Yadkin Road, Cumberland County, North Carolina, and more particularly described as follows:
An easement for the construction and maintenance of a sanitary sewer line, said
easement being further described as follows:
The below description is of a 10-foot wide utility easement across the property of
Sperring Memorial Baptist Church as recorded in Deed Book 6485 Page 715 and
Plat Book 132 Page 24 of the Cumberland County Registry:
BEGINNING at a point on the eastern line of Sperring Memorial Baptist Church,
said line being the western line of Song Y. Kim as recorded in Deed Book 10366
Page 252 of the Cumberland County Registry, said point being located S 52-52-
29 W, 31.04 feet from an existing iron pipe on the right-of-way of Yadkin Road
(S.R. 1415 having a 60-foot right-of-way), said iron pipe being Kim's northwest
corner; thence N 6-39-18 W, 17.35 feet to a point; thence N 28-54-59 W, 104.57
feet to a point; thence N 48-33-31 W, 40.82 feet to a point; thence N 77-34-24 W,
24.42 feet to a point; thence S 86-05-20 W, 17.71 feet to a point on the eastern
right of way of Horseshoe Road (having a 60-foot right-of-way); thence with the
eastern right-of-way of Horseshoe Road S 55-53-35 W, 19.88 feet to a point;
thence leaving the Horseshoe Road right-of-way N 86-05-20 E, 33.46 feet to a
point; thence S 77-34-24 E, 20.40 feet to a point; thence S 48-33-31 E, 36.50 feet
to a point; thence S 28-54-59 E, 100.87 feet to a point; thence S 6-39-18 E, 21.27
feet to a point on Kim's western line; thence with Kim's western line N 52-52-29
E, 21.27' to the point of BEGINNING and containing approximately 2,087 square
feet.
For a graphic illustration of said easement, see Exhibit "A" attached herein by
reference.
To have and to hold said easement unto said Grantee, its successors and assigns
continuously and forever.
Grantee shall have the right to clear and keep clear all trees, undergrowth and other
obstructions from the right-of-way herein granted, and Grantor agrees not to build, construct, or
create, nor permit others to build, construct or create any buildings or other structures on the
easement herein granted that will interfere with the normal operation and maintenance of the said
line or lines, appurtenant facilities and equipment necessary or convenient thereto.
BK 11420 PG 0143
As a condition to the granting of this Deed of Easement, the Grantee agrees to fully
indemnify the Grantor, its successors and assigns for bodily injury, death or property damage to
the Grantor or third parties or for any damages to the land of the Grantor, its successors and
assigns, by reasons of the construction of said line or lines, appurtenant facilities and necessary
equipment and to restore to the fullest extent possible the property to its original condition except
as provided for hereinabove. This term of compliance shall not run as a covenant or condition
with the land, but is a contractual obligation of the Grantee to the Grantor which is fully
enforceable by all relevant remedies at law. (i.e., failure to comply with these conditions may
result in a direct lawsuit by the Grantor against the Grantee for money damages but shall have no
effect as to the absolute nature of this grant of easement.)
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 easement shall constitute a covenant running with
the land for the benefit of the 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 hereunder set his hand and seal this the 1-5y of
March, 2022.
By:
ATTEST:
Rose Pinkney, Secretary
SPERRING MEMORIAL BAPTIST CHURCH, INC.
Title: [.tY`,nitl5{�s�u+'1 ���
BK 11420 PG 0144
STATE OF NORTH CAROLINA
COUNTY OF CUMBERLAND
I, ` O, t , Notary Public, certify that Vernon R.
Pinkney personally came before me this day and acknowledged that he is Chairman of the
Trustees and Deacon Board of SPERRING MEMORIAL BAPTIST CHURCH, INC., a non-
profit corporation, and that he, as Chairman of the Trustees and Deacon Board being authorized
to do so, executed the foregoing on behalf of the corporation and attested to by the Secretary.
WITNESS my hand and official seal, t is the
otary Pu
My Commiission Expires:
IC
day of March, 2022.
In agreement to the conditions to the granting of said Deed of Easement, the Grantee, to bind
itself thereto, executes this document.
SONG YE K1M
STATE OF NORTH CAROLINA
COUNTY OF CUMBERLAND
I, ..f`IS$it. -Eu(LS , Notary Public for said County and State
aforesaid, certify that SONG YE KIM, Grantor, personally appeared before me this day and
acknowledged the execution of the foregoing instrument.
Witness my hand and official seal, this the I I day of March, 2022.
mte
y Commission Expires:
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0_4%-viti, 41,,,J/L,
Notary Public
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Notary Public
CIAO iliviid, .6 riuidi►Ly,
BK 11420 PG 0145
THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT
BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY
FOR COMPLIANCE WITH ANY APPLICABLE LAND
DEVELOPMENT REGULATIONS AND HAS NOT BEEN
REVIEWED FOR COMPLIANCE WITH RECORDING
REQUIREMENTS.
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SANITARY SEWER FORCE MAIN
5855 YADKIN ROAD SOONIE PLAZA FAYETTEVILLE, NC
SITE AND UTILITY PLAN
GEORGE M. ROSE, P.E.
P.O. BOX 53441
FAYEITEVILLE, NC 28305
910-977-5822 FAX 910-485-5823 EMAIL georgeOgmrpe. corn