Loading...
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.