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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: -eV-Ao 9 0_4%-viti, 41,,,J/L, Notary Public ::irlISSIt F BUNKS 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. 0310N 31Y0S 2 9 ZZDZ NYM 31Y0 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