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Home My WebLink AboutNC0023825_Lease Agreement_20130508A�q This document prepared by: Stark law Group, PLLC Parcel ID Number: STATE OF NORTH CAROLINA COUNTY OF ONSLOW LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into as of the aday of April, 2012, by and between Cecil C. Morton and wife, Janie P. Morton; Cecil Wayne Morton and wife, Linda M. Morton; Ronald A. Morton and wife, Carol T. Morton; Deborah L. Morton; and Barbara Morton, (hereinafter called "OWNER"), and the ONSLOW WATER AND SEWER AUTHORITY, a body corporate and politic of the State of North Carolina (hereinafter called "ONWASA"), WITNESSETH: In consideration of the rents hereinafter agreed to be paid and in consideration of the mutual covenants and agreements hereinafter recited, OWNER does hereby lease and demise unto ONWASA and ONWASA does hereby lease and take as tenant from OWNER those certain premises (hereinafter called the "Premises") being a Waste Water Treatment Plant including all equipment contained therein (hereinafter called the "WWTP") situated on certain land in the County of Onslow, North Carolina (hereinafter called the "Land") and more particularly described as follows: being located on the Webb Apartments Waste Water Treatment Plant property all as shown by the description attached hereto as Exhibit A. OWNER shall have no obligation to make any improvements in the Premises whatsoever and ONWASA hereby agrees to accept the same in its present condition, "as is." TO HAVE AND TO HOLD the said Premises unto ONWASA upon the following terms and conditions: 1. TERM. The term of this Lease shall begin on the 1 st day of May, 2012, and shall end at 12:00 midnight on the 31 st day of May, 2022. It is agreed that, at the expiration of the initial term of this Lease, the Lease shall continue on a month to month basis until terminated by the giving of 30-days notice by either party hereto. Each such renewal term shall commence as of the end of the current term of this Lease and shall be subject to and in accordance with all terms and conditions set forth in this Lease and if ONWASA shall timely exercise such right as hereinafter provided, ONWASA shall continue to pay Rent and other charges as if the initial term of this Lease had included such renewal term. 2. RENT. (A) ONWASA shall pay to OWNER the sum of One Dollar ($1.00) per year (hereinafter sometimes referred to as the "Rent"), each due on the first day of each year, in advance, during the term of this Lease, and payment for the first year of leasing shall be made upon the date OWNER shall have made the Premises available for possession by ONWASA. 3. DELIVERY OF POSSESSION. If OWNER for any reason whatsoever cannot deliver possession of the Premises to ONWASA at the commencement date of the term as above specified, this Lease shall not be void or voidable. No such failure to give possession on the date of commencement of the term shall be construed in any way to extend the term of this Lease. The other provisions of this paragraph to the contrary notwithstanding, it is provided that if for any reason beyond the control of OWNER, the possession of the Premises is not delivered to ONWASA within thirty (30) days of the beginning of the term as specified in paragraph 1 hereof, then this Lease may be terminated by either party and shall be deemed to be terminated upon the receipt by either party of written notice from the other party to such effect and thereupon neither party hereto shall have any further liability to the other. 4. DEFAULT. The occurrence of one or more of the following events (herein called "Events of Default") shall constitute a default by the ONWASA: (A) Failure to pay rent when due; (B) Failure to perform any other provision of this Lease if the failure to perform is not cured within ten (10) days after notice thereof has been given to ONWASA. 5. LESSOR'S REMEDIES UPON DEFAULT BY LESSEE. OWNER shall have the following remedies if ONWASA commits a default. These remedies are exclusive. OWNER shall have the right to continue this Lease in full force and effect, and to file suit in the General Court of Justice in Onslow County to collect such monies as are due. 6. END OF TERM, HOLDING OVER AND ATTORNEY'S FEES. Upon the expiration of the term or other termination of this Lease, ONWASA shall quit and surrender to OWNER the Premises, in good order and condition, ordinary wear and tear excepted and ONWASA shall remove from the Premises all of its property. If ONWASA shall hold over after the expiration of the term or other termination of this Lease, such holding over shall not be deemed to be a renewal of this Lease but shall be deemed to create a tenancy -at -will and by such holding over ONWASA shall be deemed to have agreed to be bound by all of the terms and conditions of this Lease except those as to the term hereof and ONWASA shall pay Rent at that rate provided for in the foregoing paragraph 2. 7. USE OF PREMISES. The Premises shall be used and occupied by ONWASA for utility purposes only and for no other purpose. ONWASA shall not use the Premises or any portion thereof for any illegal or unlawful purpose and will not cause or permit a nuisance to be created or maintained therein. ONWASA shall have the right to print, paint or display its sign, name, legend, notice or advertisement on any part of the Premises. 8. ASSIGNMENT AND SUBLETTING. ONWASA shall not assign this Lease or sublet the Premises or any part thereof without the prior written consent of OWNER. 9. UTILITIES AND OTHER SERVICES. All utilities shall be the responsibility of the ONWASA, and the OWNER shall have no liability or responsibility to furnish same. 10. ALTERATIONS BY LESSEE. ONWASA shall be allowed to make such alterations, additions or improvements to the Premises as ONWASA deems necessary or advisable in its sole discretion without the prior written consent of OWNER. 11. INSURANCE. Throughout the term of the Lease, ONWASA shall carry such insurance as it deems advisable in its sole discretion. 12. FIRE OR OTHER CASUALTY. In the event that before or during the term of this Lease, the Premises or the Building shall be damaged by fire or other casualty which renders the the WWTP or any part of the WWTP unuseable, ONWASA within one hundred twenty (120) days of such fire or casualty shall have the right to either (i) serve written notice upon OWNER of ONWASA's intent to repair said damage or (ii) if said damage renders so much of either of the WWTP unuseable that repair would not be feasible, serve written notice upon OWNER that this Lease is terminated. 13. CONDEMNATION. In the event the whole or any material part of the WWTP shall be taken by eminent domain or in any manner for a public use, ONWASA may at its option terminate this Lease. 14. QUIET ENJOYMENT AND TRANSFER OF TENANTS. OWNER agrees that ONWASA on paying the rent and performing all the terms and conditions of this Lease shall quietly have, hold and enjoy the Premises for the term aforesaid. 15. NOTICES. Any notice or demand which by any provision of this agreement is required or allowed to be given by either party to the other shall be deemed to have been sufficiently given for all purposes which made in writing and sent through the United States mail as certified or registered mail, return receipt requested, postage prepaid and addressed: (a) if to ONWASA, c/o Executive Director, P.O. Box 1415, Jacksonville, North Carolina, 28540, and (b) if to 4 Ja�.sonv� ��c ,�1c a854(v OWNER, to Lew %i d Vim D Zr 1 16. HEIRS AND ASSIGNS. The provisions of this Lease shall bind and inure to the benefit of OWNER and ONWASA, and their respective successors, heirs, legal representative and assigns. 17. INTEGRATION AND BINDING EFFECT. The entire agreement, intent and understanding between OWNER and ONWASA is contained in the provisions of this Lease and any stipulations, representations, promises or agreements, written or oral, made prior to or contemporaneously with this Lease shall have no legal or equitable effect or consequence unless reduced to writing herein. This Lease shall be governed by and construed pursuant to the laws of the State of North Carolina. IN WTI'NESS WHEREOF, the parties hereto have duly executed this Lease Agreement and have hereunto set their seals as of the day and year first above written. OWNER: (SEAL) ,Cecil C. M rton IYJ" (SEAL) aPMorton NORTH CAROLINA ONSLOW COUNTY I, -:fh44ZV 10 � �7� , a Notary Public, do hereby certify that Cecil C. Morton and wife, Janie P. Morton personally appeared before me this day and �r Z*Wged the due execution of the foregoing instrument. 44 zQ a0 a y V"ss my hand and official seal, this the day of April, 2012. �SE�,) c, o p oU NO ARY PUBLIC My commission expires: �� - :%Cecil Wayne Nforton NORTH CAROLINA ONSLOW COUNTY I, :!91 a &J .tjy�4 , a Notary Public, do hereby certify that Cecil Wayne Morton and wife, Linda M. Morton personally appeared before me this day and \\\ac }Rxpr�/d�ged the due execution of the foregoing instrument. Wits,my hand and official seal, this the day of April, 2012. `' N O T'4 o (SEAL) _ Z .off — LIC i*RUBLIC My commission expires: a d 3 6 ��0216-z - - , - (SEAL) Ronald A. Morton A&-� � 4 (SEAL) Carol T. Morton NORTH CAROLINA ONSLOW COUNTY I, b). , a Notary Public, do hereby certify that Ronald A. Morton and wife, Carol T. Morton personally appeared before me this day and \\��\�� , hedged the due execution of the foregoing instrument. NN o a ess my hand and official seal, this the` � A day of April, 2012. (SEAL) 02 PUB00LA il Len: = NOTARY PUBLIC 3 My commission expires: %bMIL o1 . (SEAL) Deborah L. Morton NORTH CAROLINA ONSLOW COUNTY I,4%,9Mr , a Notary Public, do hereby certify that \\\\,\\Qabqr,L. Morton personally appeared before me this day and acknowledged the due execution \a '40th� tf4oing instrument. Qv 9� �o� A R y r� ) if gs my hand and official seal, this the day of April, 2012. cn = U P6 ►� � A wn; Jim NOTARY PUBLIC My commission expires: Zo 13 Barbara on NORTH CAROLINA ONSLOW COUNTY a Notary Public, do hereby certify that Barbara Morton and personally appeared before me this day and acknowledged the due execution of the foregoing instrument. \AU M P fy?,� oSS my hand and official seal, this the day of April, 2012. Q' s / F UB IC My commission expires: �Z a t3 ONWASA: `%1111111/1o� ��USEwERq°,,i�r • 3 pOPATE • :��10 . o . ogthaVlof the Board s o Attest: 4 y J (SEAL) ••�'••......�..o�� vy; ,,i ;4CKS%\V1 ��r��. ��/llllilbl 1 rk LtWo Uth"Noard STATE OF NORTH CAROLINA COUNTY OF ONSLOW I, D .[Xr ffi POD,( L A S , a Notary Public for Onslow County, certify that Kelly Richmond personally came before me this day and acknowledged that she is Clerk to the Board of the Onslow Water and Sewer Authority, (ONWASA), and that by authority duly given and as the act of ONWASA, the foregoing instrument was signed in its name by its Chairman of the Board of Directors, sealed with its seal, and attested by herself as its Clerk to the Board. Witness my hand and official seal, this the s� day of April, 2012. SE I.— ..A1 POWLAS NOTARY PUBLIC Onslow County, N Carolina F Notary Public My commission expires: EXHIBIT A A certain lot or parcel of land in White Oak Township, Onslow County, North Carolina, near North Carole Drive, and described as follows: That certain tract or parcel of land identified as WWTP Building, WWTP Parking, and Concrete Parking together with access off North Carole Drive to said tracts located on the land described as owned by Cecil C. Morton & Others, Deed book 966, page 42, Map 5, page 10, Onslow County Registry. All as shown on plat entitled "Sanitary Sewer Easement for Onslow Water and Sewer Authority" by Johnny J. Williams Land Surveying, P.C., dated march 23, 2012, and recorded in Book , page Onslow County Registry to which reference is hereby made for a more particular description of same. Dew af'Ea-bC�4-k This deed prepared by: Stark Law Group, PLLC Identifica�Number: . A A '. i i NORTH CAROLINA ONSLOW COUNTY DEED OF EASEMENT THIS DEED, made and entered into this thk4ayZ--n--eMorton day of April, 2012, by and between Cecil C. Morton and wife, Janie P. Morton; Cecil and wife, Linda M. Morton; Ronald A. Morton and wife, Carol T. Morton; Deborah L. Morton, aka Deborah Westbrook, divorced; and Barbara Morton, single, Grantors, and the ONSLOW WATER AND SEWER AUTHORITY, P.O. Box 1415, Jacksonville, NC 28540, a public instrumentality organized under the laws of the State of North Carolina, Grantee: WITNESSETH THAT WHEREAS, the Onslow Water and Sewer Authority has agreed to assume control and operation of the Webb Apartments Wastewater Treatment Plant and for that purpose requires an easement against lands owned by the Grantors. NOW THEREFORE, in consideration of the sum of Ten and No/ 100 Dollars ($10.00) and other good and valuable considerations paid to the Grantors, the receipt of which is hereby fully acknowledged, the said Grantors, do hereby give, grant, quitclaim, and convey unto the Onslow Water and Sewer Authority, its successors and assigns, an exclusive, perpetual easement across land owned by the Grantors or in which said parties have an interest, lying and being in White Oak Township, Onslow County, North Carolina and more particularly described as follows: Tract 1: A perpetual easement for transmission of water and sewer commencing at an existing N.C.D.O.T. monument at the southwest intersection of N.C.S.R. 1406 (Piney Green Road) and East Carol Drive, said monument having N.C. grid -2- coordinates of N = 367,368.2811 and E = 2,501,733.1943; thence north 13 degrees 30 minutes 19 seconds west 32.66 feet to an existing N.C.D.O.T. monument; thence north 07 degrees 40 minutes 57 seconds east 67.07 feet to an x- cut in the pavement; thence north 56 degrees 01 minutes 14 seconds west 15.14 feet to an x-cut; thence north 26 degrees 35 minutes 44 seconds east 68.24 feet to a 5/8 inch iron stake set two inches below ground, said stake being THE TRUE POINT OF BEGINNING; thence from the above described point of beginning, north 55 degrees 06 minutes 43 seconds west 69.31 feet to a 5/8 inch iron stake set; thence north 40 degrees 24 minutes 36 seconds west 81.92 feet to a 5/8 inch iron stake set; thence north 31 degrees 41 minutes 27 seconds west 96.98 feet to a 5/8 inch iron stake set; thence south 67 degrees 01 minutes 49 seconds west 41.77 feet to a 5/8 inch iron stake set; thence south 22 degrees 58 minutes 11 seconds east 5.00 feet to a 5/8 inch iron stake set; thence south 67 degrees 01 minutes 49 seconds west 8.18 feet to a 5/8 inch iron stake set; thence south 10 degrees 06 minutes 25 seconds east 15.38 feet to a 5/8 inch iron stake set; thence south 10 degrees 06 minutes 25 seconds east 86.01 feet to a 5/8 inch iron stake set; thence south 10 degrees 06 minutes 25 seconds east 22.05 feet to a x-cut set; thence south 54 degrees 49 minutes 38 seconds west 7.00 feet to a x-cut set; thence south 58 degrees 06 minutes 51 seconds west 63.45 feet to a survey spike set; thence south 25 degrees 37 minutes 39 seconds west 307.63 feet to a mag nail set; thence south 28 degrees 40 minutes 37 seconds east 93.52 feet to a 5/8 inch iron stake set; thence south 61 degrees 19 minutes 23 seconds west 20.00 feet to a 5/8 inch iron stake set; thence north 28 degrees 40 minutes 37 seconds west 94.91 feet to a mag nail set; thence north 75 degrees 00 minutes 13 seconds west 78.72 feet to a 5/8 inch iron stake set; thence north 62 degrees 42 minutes 01 seconds west 47.72 feet to a 5/8 inch iron stake set; thence north 60 degrees 27 minutes 50 seconds west 123.69 feet to a mag nail set; thence north 21 degrees 18 minutes 16 seconds west 48.83 feet to a mag nail set; thence north 72 degrees 16 minutes 36 seconds west 110.35 feet to a 5/8 inch iron stake set; thence north 84 degrees 54 minutes 13 seconds west 178.95 feet to a 5/8 inch iron stake set; thence north 77 degrees 27 minutes 48 seconds west 83.40 feet to a 5/8 inch iron stake set; thence north 15 degrees 13 minutes 36 seconds east 20.00 feet to a 5/8 inch iron stake set; thence south 77 degrees 27 minutes 48 seconds east 81.16 feet to a 5/8 inch iron stake set; thence south 84 degrees 54 minutes 13 seconds east 179.87 feet to a 5/8 inch iron stake set; thence south 72 degrees 16 minutes 36 seconds east 122.10 feet to a 5/8 inch iron stake set; thence south 21 degrees 18 minutes 16 seconds east 51.25 feet to a mag nail set; thence south 60 degrees 27 minutes 50 seconds east 119.36 feet to a 5/8 inch iron stake set; thence south 62 degrees 34 minutes 21 seconds east 42.10 feet to a 5/8 inch iron stake set; thence south 74 degrees 50 minutes 03 seconds east 72.86 feet to a mag nail set; thence north 25 degrees 37 minutes 39 seconds east 310.34 feet to a 5/8 inch iron stake set thence north 58 degrees 06 minutes 51 seconds east 62.42 feet to a 5/8 inch iron stake set; thence north 10 degrees 06 minutes 25 seconds west 105.76 feet to a 5/8 inch iron stake set; -3- thence south 67 degrees 01 minutes 49 seconds west 1.30 feet to a 5/8 inch iron stake set; thence north 22 degrees 58 minutes 11 seconds west 30.00 feet to a 5/8 inch iron stake set; thence north 67 degrees 01 minutes 49 seconds east 30.00 feet to a 5/8 inch iron stake set; thence south 22 degrees 58 minutes 11 seconds east 5.00 feet to a 5/8 inch iron stake set; thence north 67 degrees 01 minutes 49 seconds east 58.93 feet to a 5/8 inch iron stake set; thence south 31 degrees 41 minutes 27 seconds east 112.62 feet to a 5/8 inch iron stake set; thence south 40 degrees 24 minutes 36 seconds east 77.81 feet to a 5/8 inch iron stake set; thence south 55 degrees 06 minutes 43 seconds east 63.80 feet to a 5/8 inch iron stake set; thence south 26 degrees 34 minutes 11 seconds west 20.21 feet to the point and place of beginning. The above described 20' water and sewer easement crosses the properties recorded as Cecil Morton and Others in Deed Book 966, page 42, Map Book 5 page 10 and C. Wayne Morton and Others in Deed Book 861 page 590, Map Book 5 page 10 and also being shown on a map entitled, "Sanitary Sewer Easement for Onslow Water and Sewer Authority" by Johnny J. Williams Land Surveying, P.C. from a survey completed on March 23, 2012, recorded in Map Book page of the Onslow County Registry. Tract 2: A perpetual easement for transmission of water and sewer commencing at an existing N.C.D.O.T. monument at the southwest intersection of N.C.S.R. 1406 (Piney Green Road) and East Carol Drive, said monument having N.C. grid coordinates of N = 367,368.2811 and E = 2,501,733.1943; thence north 13 degrees 30 minutes 19 seconds west 32.66 feet to an existing N.C.D.O.T. monument; thence north 07 degrees 40 minutes 57 seconds east 67.07 feet to an x- cut in the concrete parking area thence north 56 degrees 01 minutes 14 seconds west 15.14 feet to an x-cut in the concrete; thence north 26 degrees 35 minutes 44 seconds east 68.24 feet to a 5/8 inch iron stake set ; thence north 55 degrees 06 minutes 43 seconds west 69.31 feet to a 5/8 inch iron stake set; thence north 40 degrees 24 minutes 36 seconds west 81.92 feet to a 5/8 inch iron stake set; thence north 31 degrees 41 minutes 27 seconds west 55.84 feet to a 5/8 inch iron stake set, said stake being THE TRUE POINT OF BEGINNING; thence from the above described point of beginning, south 18 degrees 28 minutes 03 seconds east 67.98 feet to a 5/8 inch iron stake set; thence south 54 degrees 49 minutes 38 seconds west 86.96 feet to a x-cut set; thence north 10 degrees 06 minutes 25 seconds west 22.05 feet to a 5/8 inch iron stake set; thence north 54 degrees 49 minutes 38 seconds east 72.09 feet to a 5/8 inch iron stake set; thence north 18 degrees 28 minutes 03 seconds west 92.31 feet to a 5/8 inch iron stake set, said stake being designated as Point #560 to be used later in this description; thence north 67 degrees 01 minutes 49 seconds east 10.62 feet to a 5/8 inch iron stake set; thence south 31 degrees 41 minutes 27 seconds east 41.14 feet to the point and place of -4- beginning. The above described water and sewer easement crosses that property recorded in Deed Book 966 page 42 and Map Book 5 page 10 and also being shown as Easement B as shown on a map entitled, "Sanitary Sewer Easement for Onslow Water and Sewer Authority" recorded in Map Book page of the Onslow County Registry. Commencing at the above described Point #560; thence north 18 degrees 28 minutes 03 seconds west 20.06 feet to a 5/8 inch iron stake set said stake being THE TRUE POINT OF BEGINNING; thence from the above described point of beginning, north 18 degrees 28 minutes 03 seconds west 70.43 feet to a 5/8 inch iron stake set; thence north 64 degrees 56 minutes 20 seconds east 20.13 feet to a x-cut set; thence south 18 degrees 28 minutes 03 seconds east 71.17 feet to a 5/8 inch iron stake set; thence south 67 degrees 01 minutes 49 seconds west 20.06 feet to the point and place of beginning. The above describe water and sewer easement crosses the property of Cecil C. Morton & Others as shown by deed recorded in Deed Book 966 page 42 and Map Book 5 page 10, Onslow County Registry, and is shown as Easement B on a map entitled, "Sanitary Sewer Easement for Onslow Water and Sewer Authority" by Johnny J. Williams Land Surveying, P.C. from a survey completed on March 23, 2012, recorded in Map Book page of the Onslow County Registry. Tract 3: A perpetual slope easement commencing at an existing N.C.D.O.T. monument at the southwest intersection of N.C.S.R. 1406 (Piney Green Road) and East Carol Drive, said monument having N.C. grid coordinates of N = 367,368.2811 and E _ 2,501,733.1943; thence north 13 degrees 30 minutes 19 seconds west 32.66 feet to an existing N.C.D.O.T. monument; thence north 07 degrees 40 minutes 57 seconds east 67.07 feet to an x-cut in the concrete pavement thence north 56 degrees 01 minutes 14 seconds west 15.14 feet to an x-cut in the concrete pavement; thence north 26 degrees 35 minutes 44 seconds east 68.24 feet to a 5/8 inch iron stake set; thence north 26 degrees 34 minutes 11 seconds east 20.21 feet to a 5/8 inch iron stake set; thence north 55 degrees 06 minutes 43 seconds west 63.80 feet to a 5/8 inch iron stake set; thence north 40 degrees 24 minutes 36 seconds west 77.81 feet to a 5/8 inch iron stake set; thence north 31 degrees 41 minutes 27 seconds west 112.62 feet to a 5/8 inch iron stake set; thence south 67 degrees 01 minutes 49 seconds west 43.91 feet to a 5/8 inch iron stake set two inches below ground, said stake being THE TRUE POINT OF BEGINNING; thence from the above described point of beginning, south 67 degrees 01 minutes 49 seconds west 15.02 feet to a 5/8 inch iron stake set two inches below ground; -5- thence north 22 degrees 58 minutes 11 seconds west 5.00 feet to a 5/8 inch iron stake set two inches below ground; thence south 67 degrees 01 minutes 49 seconds west 30.00 feet to a 5/8 inch iron stake set two inches below ground; thence south 22 degrees 58 minutes 11 seconds east 30.00 feet to a 5/8 inch iron stake set two inches below ground; thence north 67 degrees 01 minutes 49 seconds east 29.99 feet to a 5/8 inch iron stake set two inches below ground; thence north 22 degrees 58 minutes 11 seconds west 5.00 feet to a 5/8 inch iron stake set two inches below ground; thence north 67 degrees 01 minutes 49 seconds east 15.02 feet to a 5/8 inch iron stake set two inches below ground; thence south 22 degrees 58 minutes 11 seconds east 20.00 feet to a 5/8 inch iron stake set; thence south 67 degrees 01 minutes 49 seconds west 60.00 feet to a 5/8 inch iron stake set; thence north 22 degrees 58 minutes 11 seconds west 60,00 feet to a 5/8 inch iron stake set; thence north 67 degrees 01 minutes 49 seconds east 60.00 feet to a 5/8 inch iron stake set; thence south 22 degrees 58 minutes 11 seconds east 20.00 feet to the POINT OR PLACE OF BEGINNING. The above described slope easement crosses the property Cecil C. Morton & Others as shown by deed recorded in Deed Book 966, page 42, Map Book 5, page 10, Onslow County Registry, and is shown as "Slope Easement C" on map entitled, "Sanitary Sewer Easement for Onslow Water and Sewer Authority", by Johnny J. Williams Land Surveying, P.C. from a survey completed on March 23, 2012, recorded in Map Book page of the Onslow County Registry. Grantors herein covenant and agree that the Grantees shall have the right to go in and upon said parcels or strips of land to construct, install, improve, remove, repair, inspect, replace, operate, and maintain one or more lines of pipe, poles, mains, valves, visual markers, and manholes for the purpose of transmitting sewage, water, or both and to install and maintain thereon, buildings, pumphouses, or other utilities with the right at all times of ingress, egress and regress through, over, and across lands as described and to go to and from said strip for the purpose of constructing, maintaining, and inspecting said lines and of making all necessary alterations and repairs thereto, including facilities or other utilities necessary in the operation or maintenance of said lines; said lines of pipe, poles, mains, manholes, valves, visual markers, or utilities to be located on such for the proper operation of said installation and for conveying sewage, water, and other utilities as aforesaid, together with the right, privilege, and easement to tap the line or lines and to construct sewer and water laterals from the main to the outside boundary of the right -of way over which this easement and privilege extends; together with the privilege, easement and right to clear and keep clear the full width of the right-of-way of and from brush, trees, and any or all other obstructions, structures, and encroachments, of any kind, except that the owners of the fee shall retain the right to cultivate the ground lying within the boundaries of the right-of-way provided that such cultivation shall not interfere with the Grantee's right of ingress, egress, and regress to said right-of-way for the purposes of installing, maintaining, and repairing of said lines of pipe, poles, mains, valves, visual markers, manholes, or other utilities as may be required; and provided further in all cases where there are roads or Im streets across tracts of land sufficient for the purpose of convenient egress, ingress, and regress in and from said strip of land, such roads or streets shall be used by the said Onslow Water and Sewer Authority when it is necessary or convenient to come in and upon said strip of land for the purposes aforesaid. No building, utility, or structure of any kind, except such as constructed by the Onslow Water and Sewer Authority, shall be located or erected upon the above -described right-of-way. TO HAVE AND TO HOLD all and singular the rights, privileges, and easements as aforesaid, in, along, upon, and through said premises to the said Onslow Water and Sewer Authority, and its successors and assigns forever. IN WITNESS WHEREOF, the Grantors have set their hands and seals the day and year first above written. Z 4z' , (SEAL) ecil C.(Morton /� • (SEAL) anie P. Morton NORTH CAROLINA ONSLOW COUNTY 11 �6 #M W • h a Notary Public, do hereby certify that Cecil C. Morton and wife, Janie P. Morton personally appeared before me this day and \\\\�,,0k W Q# edged the due execution of the foregoing instrument. _I �0 T A P ymess my hand and official seal, this the day of April, 2012. vs — pUW` - )2 O i 2 A, ��11111 W • NOTARY PUBLIC M commission expires x ires: "it ��JY pQ NORTH CAROLINA ONSLOW COUNTY I,i AAA 4r,01Aa Notary Public, do hereby certify that Cecil Wayne Morton and wife, Linda M. Worton personally appeared before me this day and ac"owledged the due execution of the foregoing instrument. �� ...� . H U o i �� s my hand and official seal, this the J6 day of April, 2012. Qo Q ORRy '(SEAL) _ V", a �k PUBLIC My commission expires* g-o 3 -8- .• (SEAL) Ronald A. Morton / - "I, A (SEAL) S,4 d-1 di Carol T. Morton NORTH CAROLINA ONSLOW COUNTY I, bj . , a Notary Public, do hereby certify that Ronald A. Morton and wife, Carol T. Mortotepersonally appeared before me this day and \\\\ ' MO� edged the due execution of the foregoing instrument. 'less my hand and official seal, this the day of April, 2012. (SEAS.) o pvr"L� NOTARY PUBLIC s: My commission expired W NORTH CAROLINA lt6WA. 9. JX0jn,,, (SEAL) Deborah L. Morton ONSLOW COUNTY I, , a Notary Public, do hereby certify that Deborah L. Morton personally appeared before me this day and acknowledged the due execution oOpregoing instrument. Q W'r� sus my hand and official seal, this the day of April, 2012. �OTAgco y — (SEAL) _ O AJAM ke UBL\G v PUBLIC My commission expires- 1 3 (SEAL) Bar ara Morton NORTH CAROLINA ONSLOW COUNTY I,Kea. , a Notary Public, do hereby certify that Barbara Morton and personally appeared before me this day and acknowledged the due execution \\\\ foregoing instrument. �o R ess my hand and official seal, this the day of April, 2012. (SEA,) �� z i O PUB 0 W W "01fill- 4--&1 (J� NOTARY PUBLIC My commission expires: d� o� 1