HomeMy WebLinkAboutSW3220901_Property Deed_20220914 (3)BK 8491 PG 0833
FILED ELECTRONICALLY
UNION COUNTY NC
CRYSTAL D. GILLIARD
----------------------
----------------------
FILED Jun 01, 2022
AT 03:52:00 PM
BOOK 08491
START PAGE 0833
END PAGE 0835
INSTRUMENT # 19904
EXCISE TAX $0.00
Submitted electronically by Lancaster, Trotter & Poe PLLC in compliance with North Carolina statutes governing recordable
documents and the terms of the submitter agreement with the Union Countv Register of Deeds.
Drawn By and Mail To:
BAILEY & CARLIND, PLLC
Peter N. Caroino
6827-C Fairview Road
Charlotte, North Carolina 28210
ROD Box # 53
STATE OF NORTH CAROLINA
RIGHT-oF-WAYAND UTILITYEASEMENT
COUNTY OF UNION
THIS AGREEMENT is made this the ls` of June, 2022, by and between A. PERIN
DEVELOPMENT CO., LLC, a North Carolina limited liability company (herein, "Grantor") and
MTS CLT, LLC a North Carolina limited liability company (herein, "Grantee").
RECITALS:
A. Grantor is the owner of certain land in Union County on the Waxhaw Parkway more
fully described in Deed Book 3288 Page 221 of the Union County Public Registry;
said property having a Pin # 06-141-018J.
B. Grantor has recorded a plat map recorded in Plat Cabinet Q at File 550 which
provides and designates as portion of the property as "Proposed 63' Public Right -of -
Way" (herein the "Road Easement") as well as an area on both sides of said Road
Easement designated as "Proposed 10' Utility Easement" (herein collectively, the
"Utility Easement"), reference to said plat map being made for a more particular
description of the Road Easement and Utility Easement (herein, collectively the
"Easement").
NOW, THEREFORE, for and in consideration of the Recitals set forth above and other
good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does
BK 8491 PG 0834
hereby grant, bargain, sell and convey to Grantee the easement hereinafter described to provide
Grantee a right-of-way over and upon Grantor's lands.
TO HAVE AND TO HOLD the aforesaid easement and rights to Grantee, its successors
and assigns in title forever, subject to the following terms and conditions:
1. The Easement shall be perpetual, except as limited hereafter, and shall run with the
lands benefited thereby.
2. The Easement is non-exclusive and may be used by Grantor, Grantee their invitees,
designees and successors in title.
3. Grantor and Grantee shall have the right, but not the obligation, to improve the land
subject to the Easement. If Grantee undertakes the construction of a roadway in the
Road Easement, then it shall be performed in such a manner that it shall not increase
the cost of construction at a later time of a roadway built to the standards of the North
Carolina Department of Transportation in effect at the time such construction
commences.
4. Grantee shall take all reasonable care to preserve the existing landscape and vegetation
within the Utility Easement and shall return same to its original conditions as far as
reasonably possible, including reseeding grassed areas, upon the completion of any
construction.
5. It is agreed that Grantor or Grantee, and their respective successors in title shall have the
right to construct, reconstruct, maintain and improve a roadway within the Road
Easement and may dedicate same to public use, and or to the North Carolina
Department of Transportation, or respective governmental authority, at any time without
the consent of the other party.
b. It is agreed that Grantor or Grantee, and their respective successors in title shall have the
right to construct, reconstruct, maintain and improve utility services within the Road
Easement and Utility Easement without the consent of the other party.
7. Upon the dedication and acceptance of the improvements within the Road Easement by
the North Carolina Department of Transportation or respective governmental authority,
said Road Easement shall automatically terminate.
BK 8491 PG 0835
TO HAVE AND TO HOLD said perpetual, non-exclusive, right-of-way and easement to
the Grantee, its successors and assigns in title, forever, it being agreed that the right-of-way and
easement herein granted is servient in, and runs with the realty now owned by the Grantor as
hereinabove referred to.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal this the Ist day
Of June, 2022.
GRANTOR:
A. Perin Development Co., E` LC, a North
Carolina limited liability company
BY: �
Adelino Perin, Manager
STATE OF NEW JERSEY )
COUNTY OF
I, certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: Adelino Perin, Manager for A. Perin Development
Co., LLC, a North Carolina limited liability company.