SW3191101_Drainage Easement 1_20231122

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This document presented and filed :
12/22/2016 11 : 14 : 06 AM
EASEMENT 8 PLAT
Fee $26 DO Transfer Tax so 00
556717
Lincoln County North Carolina
Danny R . Hester , Register of Deeds
DRAINAGE EASEMENT
THIS DRAINAGE EASEMENT (this "Easement"), dated December 2016 , is
enteredinto between GLM HOLDINGS, LLC, a North Carolina limited liability company
("Cambridge") ; and CEC11L M. DEL INGEF JR. and DORIS D. KEENER, indi* vi* dual
residents of North Carolina (collectively, "Dellinger") .
BACKGROUND STATEMENT
A . Cambridge owns a parcel of land contain ing approx imately 16 . 150 acres, located
at the northeast corner of N . C . Highway 16 Business and N . C . Highway 73 , i* n Lincoln County,
North Carolina (the " Cambridge Parcel ") . The Cambridge Parcel is identified as "Parcel 2" on
that certain plat (the "Plat") entitled "Access/LTtility/Signage Easement Area Plat for Cambridge
V illage," prepared by Landtec Surveying and Mapping, dated November 2016, and recorded i* n
Map Book � at Pag�� in the Lincoln County Public Registry (the "Reg istry") . A p ortion of
the Cambridge Parcel was conveyed by Dellinger to Cambridge, I y North Carolina General
Warranty Deed recorded in the Registry in advance of this Easement.
B . Dellinger owns a parcel o an containing approximately 15 . 228 acres, located
adj acent to the northern and eastern oundari es of the Cambridge Parcel the "Dellinger
Parcel") . The Dellinger Parcel is identified as "Parcel 1 " on the Plat. Dellinger may in the
future elect to develop all or part of the Dellinger Parcel .
qP ce In connection with its development of the Cambridge Parcel for retail purposes,
Cambridge intends to construct a temporary storm water i mpoundment area at the southeast
corner of the Cambridge Parcel , adjacent to the western boundary of the Cambridge Parcel , as
part of its erosi on control measures . Cambridge a so intends to install an underground storm
drainage line (the " Drainage Line" ) running from this impoundment area,, across the Cambridge
Parcel , and connecting to an existing stream in the southwest corner of the Cambridge Parcel (the
" Stream") that drains into the public storm dra inage fac il ities in the right-of-way of N . C .
Highway 16 Business .
1� AFTER RECORDING, MAIL TO :
Robinson, Bradshaw & Hinson, P.A.
Attention: Brent A. Torstrick
101 N. Tryon Street, Suite 1900
Charlotte,, NC 28246
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BK 2636 PG 396 DOC# 556717
D . At such time as Dellinger elects to develop the Dellinger Parcel,, Cambridge has
agreed to grant to Dellinger a temporary construction easement over the southeast portion of the
Cambridge Parcel , for the purpose of converting the temp orary storm water impoundment area
described above into a permanent storm water detention pond ., The cost of such construction
shall be borne solely by Dellinger as provided below. Effective upon completion of the pond,
Cambridge has agreed to grant to Dellinger a permanent non -exclusive easement over the
Cambridge Parcel, for the purpose of using, maintaning,,i inspecting, operating, repai ring and
rep lacing the pond, the Drainage Line, the Stream, and any related drainage facilities crossing
the Cambridge Parcel that serve the Dellinger Parcel .
E . In order to document their agreements, the parties are entering into this Easement.
GRANT OF EASEMENTS
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Cambridge and
Dellinger agree, for themselves, and their respective heirs, successors and assigns, as follows :
1 .0 Grant of Tem1gora . Construction Easement. Cambridge grants to Delli nger,
and their heirs, successors and assigns, a temporary non -exclusive easement over, under and
across the portion of the Cambridge Parcel that i 0 s more particularly shown as the "BMP Area"
on Exhibit A attached to this Easement (the "BMP Area"), for the purpose of:
(a) Constructing and installing a permanent storm water detention pond and
related improvements (the "BMP Pond ") w ithin the BMP Areal" n accordance with the
Approved Plans (defined below) ; and
(b) Connecting the outfall lines from the BMP Pond to the Drainage Line to
be installed by Cambridge in connection with its development of the Cambridge Parcel ,
within the area shown as the "Drainage Line Area" on Exhibit A attached to this
Easement.
The construction easements granted above shall include the right of ingress and egress
over other portions of the Cambridge Parcel , to the extent reasonably necessary for Dellinger to
exercise the easement rights set forth in the preceding sentence .. The construction easements
shall terminate at the time the installation of the BMP Pond has been completed and finally
approved by all governmental authorities or, if earlier, the date ten ( 10) years from the date of
recording of this Easement.
2 . Construction Standards . Dellinger shall install the BMP Pond and I I e other
drainage improvements within the BMP Area in accordance with plans and specificationsspecifications
repared by a ci* erly license vil engineer propd in the State of North Carolina (the "Engineer"),
which shall be approved in writing by Cambridge prior to the commencement of construction
(the "Approved Plans") . Dellinger shall perform all of its construction work at its sole expense,
in a good and workmanlike manner, in accordance with the Approved Plans, and shall comply
with all laws, regulations and ordinances applicable to such construction . Dellinger shal l be
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responsible for obtaining the requisite approvals and permits for the construction work from the
appropriate agencies of Lincoln Countyan r the State of North C arolina.
Dellinger shall indemnify, defend and hold Cambridge harmless from and a gainst any
and all claims, damages, losses and expenses (including, without limitati on, court costs and
attorneys ' fees} that may I)e caused or occasi*
oned by I*t or its ag ents, emplOyees or contractors, in
connection with its conStructi on work under this Easement, including any claims, fines, damages
or penalties ari si ng from i ts fai lure to comply with the laws referenced above, and agrees to
discharge or bond (within ten ( 10) days after receipt of notice of filing) any and all liens filed
against the Cambridge Parcel as a result of or relating to its construction .
3 .0 Grant of Permanent Drainage Easement. Effective upon completion of the
construction work described i"n Paragraph 1 , and the discharge or satisfaction of any liens or
other items affecting the Cambridge Parcel as a result of the acts of Dellinger, Cambridge grants
to Dellinger, its successors and assi gns, a permanent non-exclusive easement over, under and
across the Cambridge Parcel for the following purposes : (a) to drai n surface water from the
Dellinger Parcel into the BMP Pond, and then through the Drainage Line and the Stream into the
public storm drainage facilities in the right-of-way of N. C . Highway 16 Busi ness ; and (b) to
maintain, repair and replace any portion of the BMP Pond or the Drainage Line, including the
right of access, ingress and egress over other portions of the Cambridge Parcel to the extent
reasonably necessary for Dellinger to exercise the easement rights set forth above .
4 . Conditions . The permanent drainage easement granted by Cambridge in
Paragraph 3 is subject to the following reserved rights and conditions :
(a) Dellinger shall promptly repair all damage to the Cambridge Parcel that
results from the exercise by Dellinger of its rights under this Easement.
(b) Cambr'pI dge reserves the right to convey or dedicate all or any portion of
the BMP Area, the Drainage Line or the Stream to Lincoln County or another appropriate
municipal agen cy o r public utility. Upon any such conveyanc e or dedication, the
drainage easement created under Paragraph 3 shall terminate automatically with respect
to the portion of the Cambridge Parcel so conveyed or dedicated .
(c) C ambr idge reserves tierig toreoc e all oranyparto the Drainage
L ine an d/or the Stream from ti me to time at its sole expense, so long as Cambridge
obtains all necessarygovern ental permits and approvals for such relocation, and solong
as the relocated Drainage Line and/or Stream is adequate to transport storm water from
the B Pond into the existing public storm drainage facilities in the right-of-way of
N.C . Highway 16 Business .
5 .0 Maintenance of Drainage Improvements . Until Dellinger elects to convert the
temporary storm water impoundment area on the Cambr*
dge Parcel into the B Pond,
Cambridge shall be responsible for the mat" ntenance of that area, including periodic mowing and
debris removal . Following the installation of the B Pond, Dellinger shall keep and maintain
the B Pond and the Drainage Line in goad condition and repair, ordinary wear and tear
excepted, at no expense to Cambridge, and shall make all replacements as may be necessary or
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appropriate to maintain such conditi on and state of repair,, Notwithstanding the preceding
ID
provi sions of this Paragraph 5 , Cambridge shall be solely responsible,, at its expense, for any
such maintenance that is primarily necessitated by the negligence or wrongful intentional acts of
Cambridge, its agents, contractors or employees.
If Dellinger fails to perform its maintenance obli gations with respect to the BMP Pond
and the Drainage Line, except as provided I* n the preceding sentence,, and if such failure or
default continues for a period of thirty (30) days after Dellinger has received written notice
specifying the nature of the default or failure from Cambridge, then Cambridge shall have the
right to perform any necessary maintenance or repairs, or to cause the to be performed, at the
expense of DellingDellinger. In that event, Dellinger shall be deemed to have contracted with
Cambridge to perform that work, and Cambridge shall be entitled to file a mechanic ' s lien
against the Dellinger Parcel for the reasonable cost of that work, together with interest thereon at
the lesser of twelve percent ( 120/o) per annum or the highest rate of interest permitted by law, and
to recover that cost plus interest in an action at law against Dellinger, all i* n accordance with the
applicable laws of the State of North Carolina. In addition, Cambridge shall have any other
remedy available to it at law or i n equity for such default .
6-o Hazardous Materials . Dellinger shall not discharge any hazardous materials
into the BMP Pond, the Drainage Line, the Stream or other portions of the Cambridge Parcel ,
and shall be responsible for all clean -up charges or other assessments made on account of
damages to the enviro nment caused by the d ischarge of hazardou s materials by it, or its tenants,
agents, contractors or employees, onto the Cambridge Parcel ,,
7 . No Rights in Public ., Th is Easement is not intended, nor shall it be construed, to
grant any rights to the public in general .
8 -v Covenants Running With Land . The obligations, easements and conditions
contained in this Easement are covenants running with the land ; and they are made by the parties
for the benefit of themselves, each future owner of fee simple ti tle to all or part of the Dellinger
Parcel or the Cambridge Parcel , and the grantees, successors, assigns, lessees, agents, employees
and invitees of each of the foregoing,.
9. Counterparts. This Easement may be executed i* n multiple counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the same
document.
10 . Amendments . This Easement may be amended only by a written agreement
executed by the owners of fee simple title to the Del lInge r Parcel and the portion of the
Cambridge Parcel containing the BMP Area, and properly recorded in the Lincoln County Public
Registry.
110 Miscellaneous . This Easement has been entered into , and shall be construed in
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accordance with, the laws of the State of North Carolina. This Easement sets forth the entire
41 agreement of the parties with respect to the matters set forth herein, and supersedes any prior
written or oral understandings between the parties with respect to those matters.
[signatures onfoliowingpages]
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IN WITNESS WHEREOF, Cambridge and Dellinger have executed this Easement as of
the day and year first above written .
GLM Hold ings, LLC, a North Carolina limited
liability company
By :
G
Narne�.�Georrge L . Maloomi" an
Title : Manager
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, Bn* arme L. Moran, a Notary Public for said County and State., do hereby certify that
George L. Maloomian, the Manager of GLM Holdings, LLC , a North Carolina limited liability
.9
company, personally appeared before me this day and acknowledged the due execution of the
foregoing instrent on behalf of the company, in its capacity as aforeaasiumd.
Witness y hand and official stamp or seal, this day of December, 0 1
60
My C ommiss ion Expires :
�� Votary Public
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(Notary Seal)
��u'��y y Notary' s printed or typed name
00N*M& oc�sr _
PUBL�G
RG G�J
signatures continued)
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Cecil M . Delli nger,.,, j .
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Doris D . Keever
STATE OF NORTH CAROLINA
COUNTY OF
I , �. ��. 1n1 �tiFHv`✓LS � , a Notary Public of the County and State aforesaid, certify
that CECIL M ,. ..DELLfNGER. JR . personally appeared before me this day and acknowledged the
execution of the foregoing instrument .
Witness my hand and official stamp or seal ., this 144h day of December, 2016 .
My Commission Expires : � 4J
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STATE OF NORTH CAROLINA
COUNTY OF �1f1CC'w
I , � `TD \N L; uG z?-r , a Notary Public of the County and State aforesaid , certify
that DORIS D . KEENER personally appeared before me this day and acknowledged the
execution of the foregoing instrument .
Witness my hand and official stamp or seal , this )A41kAr day of December, 2016 .
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BK 2636 PG 401 DOC# 556717
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