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Home My WebLink About20160347 Ver 1_Sewer Line Issue_20170131 Wanucha, Dave From:Euliss, Amy Sent:Tuesday, January 31, 2017 4:09 PM To:Smith, George Cc:Knight, Sherri; Wanucha, Dave; Swicegood, Dale L; Trantham, Randall D Subject:FW: NC 47 Sewer Line Attachments:Easement with Hurbert Myers with Drawing.pdf; Easement with City of Lexington.pdf George, Per our conversation earlier, the City of Lexington and the plant manager for Legget and Platt came out to the NC 47 (Junior Order Home Road) bridge replacement, and determined that the line that was found belonged to Leggit and Platt. The plant had an easement with the City, but did not have one with DOT to be on our RW. The discharge has been stopped and the plant is working with the City to cleanup. Thanks for your help tracking it down. Amy Euliss Division 9 Environmental Officer North Carolina Department of Transportation 336 747 7802 office aeuliss@ncdot.gov 375 Silas Creek Parkway Winston Salem, NC 27127-7167 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Swicegood, Dale L Sent: Tuesday, January 31, 2017 3:58 PM To: Trantham, Randall D; Euliss, Amy Cc: trantham, darren k; Shaver, Larry B Subject: NC 47 Sewer Line David/Amy The plant manager, Kenny Campbell, was able to come up with the attached easements on private property, and with the City of Lexington. The line apparently crosses the creek and runs parallel with it to the Cities pump station. He can find no evidence of an easement with NCDOT. He is going to work with the District to hopefully get one, and reroute their line outside of the construction area. They have turned off the pump, and are getting the City to provide a truck to transport their sewage in the meantime. They also plan to clean up the spillage. I guess we still need to fill out the illicit discharge report, or is it not up to them to report? 1 Dale L. Swicegood, PE Resident Engineer Division 9, Lexington Construction Office North Carolina Department of Transportation 336 249 6255 office 336 925 0563 mobile dswicegood@ncdot.gov 452 Central Avenue Lexington, NC 27292 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. _____________________________________________________________ Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. 2 NORTH CAROLINA DAVIDSON COUNTY RIGHT OF WAY ENCROACHMENT AND UTILITIES INSTALLATION AGREEMENT THIS AGREEMENT, made and entered into this the 12th day of December, 1988, between the CITY OF LEXINGTON (hereafter called City) and LEGGETT � PLATT, INCORPORATED, (hereafter called Leggett).� WITNESSETH: THAT WHEREAS, Leggett desires to encroach upon an easement which has previously been granted to the City of Lexington across the property hereinafter described: A 40' strip of land for permanent sewer line right-of-way with 10' on the West side and 30' on the East side of described survey line which is as follows: BEGINNING at a point in the South property line of Waddell Hargrave, et al, said point being South 78° 56' 38" East 57.23 feet from the center line of Swearing Creek; thence North 8° 19' 28" East 217.05 feet to a point; thence North 60� 46' S2" East 347.84 feet to a point; thence North 4° 29' 48" East 776.97 feet to a point; thence North 6� 11' S" West 133.66 feet to a point; thence North 11° 23' 7" East 263.53 feet to a point in the North property line of Waddell Hargrave, et al, and the South property line of the City of Lexington Sewer Lift Station as shown on recorded map, Plat Book 18, Page 20, and said point being South 86° 22' 2" East 50.76 feet from the center line of Swearing Creek. Reference: Will of Robert B. Hargrave, 75 E 141, Davidson County, North Carolina. with the construction of a 4" forced main sewer line. THAT WHEREAS it is to the material advantage of Leggett to effect this agreement, and the City, in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right-of-way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, it is agreed that the Leggett the right and privilege to make an easement as shown on the attached Exhibit City hereby grants to encroachment on its A. That Leggett binds and obligates itself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger persons or property, nor obstruct nor interfere with the proper maintenance of the City's easement. -1- That Leggett hereby agrees to indemnify and save harmless the City from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment; any and all work performed by Leggett or its agents will be the responsibility of Leggett. That Leggett agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Lexington City Engineer. Leggett agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil, silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and the existing ground cover, Leggett agrees to remove and replace the sod or otherwise reestablish the grass cover to the satisfaction of the Lexington City Engineer. That Leggett will perform all work in accordance with all rules, regulations and specifications as set forth by the City, the General Assembly of North Carolina (Safe Placement of Subsurface Installations Act) and the State and Federal Governments for the placement of subsurface facilities. That in the case of noncompliance with the terms of this agreement by Leggett, the City reserves the right to stop all work until the facility has been brought into compliance or removed from the right-of-way at no cost to the City. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein has not begun within one year from the date of authorization by the City unless written waiver is secured by Leggett from the City. That upon completion of said construction, the City, upon receiving aforementioned written notice of completion, will perform an inspection of the final condition of the facilities and roadways. "As Built" plans will be provided by Leggett for final inspection and all terms of this agreement must be completed before final release of this agreement. IN WITNESS WHEREOF, the City of Lexington has caused this agreement to be signed by its Mayor and attested to by its City Clerk, all authorized by proper resolution of its City Council; and Leggett & Platt, Incorporated has caused this document to be -2- executed by its Vice President and attested to by its Secretary, all by authority of its Board of Directors. ATTEST: � � Martha Hoffman�, City lerk ATTEST: � � �� Secretary �� CITY OF LEXINGTON � Harold W. Bowen, Mayor LEGGETT & PLATT, INCORPORATED (� � ��;� � � �� . �� j �-��- �.� � la�--�- � i�. `l� . 15�,� � �k C>� �:, ,� �� : � �a, � � . c _ ci � � . I �-., � r � C � � � �� i��l. ` � � . .,. � � � �' F t Z .. �-. 60 � K �'! � . � - _..s- � �.. \ NORTH CAROLINA _ u gg �'�j� �� I 1� �i9 +tltl EASEMENT FOR SEWER LINE DAVIDSON COUNTY t::',::_ . :-�. . .. _. : t � -:;�c:Tu . t:= .';''��S i;"' ![',S'?'1 �0.. N.Ck This Deed, made this � a day of ��, l9 �8 , by and between Hubert D. Myers, hereinafter referred to as "Gran or", and Leggett & Platt, Incorporated hereinafter referred to as "Grantee". WITNESSETH THAT WHEREAS, Grantor are the owners of a certain lot of land more particularly described in Uy a Deed recorded in Book 588, at Page 136, Davidson County Registry; and WHEREAS, Grantee desires to connect with the general sewage system of � the City of Lexington; and it is necessary that in so doing they lay a pipeline for - said sewer across the lands of the Grantor; and WHEREAS, Grantor have assented to this upon certain conditions to which Grantees do agree: 1. That all costs of installation, repair and maintenance of said sewer line serving their property shall be borne by Grantee, its successors or assigns. 2. That any damage caused by the construction, repair or maintenance of said line in or to pavement, growing grass, trees, shrubUery, plants or other vegetation occasioned by Grantee, its successors or assigns, shall be repaired and costs paid on the basis of the reasonable value thereof and the property of Grantor shall Ue returned as nearly aS possible to its original condition prior to said repair or maintenance. NOW, THEREFORE, Grantor, for and in consideration of the sum of $1.00, and other valuaUle consideration herein stated to them in hand paid, do hereby give, grant and convey unto Grantee, its successors and assigns, a perpetual right and easement forty (40) feet in width and located as shown on the attached ExhiUit A .,Cv. pci: u�C� iiCiCiu 'v y � ci Zi ciiCc; i0 CullSL1'llCt, and maincain 1CTOSS and upon said land of Grantor, a sanitary sewer line and to go upon said lands whenever the same is reasonably necessary for the purpose of inspecting, maintaining and repairing said sewer line. TO HAVE AND TO HOLD said right and easement to it, the Grantee, its successors and assigns forever; it being agreed that the right and easement hereby granted is appurtenant to and runs with the land now owned Uy Grantee, hereinabove referred to. IN TESTIMONY WHEREOF; said parties have hereunto set their hands and seals the day wherein first above written. � �� (SEAL) uUert D. Myers LEGGETT & PLATT, INC ORPORATED B W` . �. GfJ� Gd�� Y� Vice President � '" v ' �c.retar � 1��ti4 �a <��,�a' �. �� [Corpora.te��.�aJ . _ . { i', �'1 . _ � I �� 1 'C r ��O )� 1 . . " �,�1 -.'l . . NORTH CAROLINA � ��Z� COUNTY �/�+ ii� , I , l, h � �-tic.�i �!c-�+� , a cer�t i fy that H�_ibert D. Myers this day ar�d ackn��wledged the i nst r��_�rner�t . My C��mmissic�r� Expir-es: �/- �� - �/7 �_�� ►•..��>.._:.••._ r�� __r_. NEWTON COUhITY Nc�tar^y F'�_�bl ic, d� � hereby per,s� �r�al ly appear,ed bef�_�r^e me exec�ati�n �c�f the ft�r,eg_�ir�g t.z%:�,2i � N��t ar� *#��****��-��*��*-��**� STt1TE OF MISSOURI y F'u ��.'e �� r> n� �he .c rir = t �% }6 li i i, - ,� �a��;� „ � t!d . a- �,+ '� ,i � ? i • % r ' : �� Fi � - � �',� . � ,� a �� . ; � �� , .�1 . r- .� �' �''�� 'w�- . " .'��' F, �� . � Y�� : �C� � yd :r I �l �:' i ' � � _' .. � ��5.:: t�V i �, 4 7 Y �� S� . _ � �.V ��. !'�� ar � ;'-�� ..Y�� . .,�4_�...5,.k . ,; � I� Nora L. Tebbets , a Notar�y F'ublic, dt� her�eby cer,tify th�tRobert A. Jefferi�,J�rially carne befr�re me this day ar�d ackr��wledged that he is Secretar^y c�f Leggett R Platt, Ir�corp�alq�c�s��_iri c�1r,p� �r^at i�_�r�, and that ��th� �r,ity d�_�ly giver� ar�d ,as the a�t �,f the cc�r,pc�rat i�_�r�, f��reg��ing instr,�_�mer�t was signed in its r�ame by its Vice F'r�esider�t, sealed with its c�:rp��r,ate seal ar�d attested by as i t s 5ecr�et ary. by the h im „ Witr�ess niy har�d and ��fficial stanip ��r seal this 24th_ d�y c�fMay 1�88. My C��r�vnissi� �r� Expir^es: 10/7/88 North Carolina-Davidson County The forego,ng 'or annexed) cer;i;icat�(s) of___.___.... %� f- < • (� � ••---.__------ \...�1 r: !_`� n 9` \ J Q+�..� L '-d-- �- - _ -�---•-----••------ --•-------------• •---------------- _ . .��.�._ .L . 1 � h �-.�-�-�.-- -- � ------ ----------- --- --- -------- - -- --- otary Public (Notaries Public) is certifiea te �a correct this----- -`{'__.day of----��,�� C( 4 � P,onal W. Callicutt, - . �. D.----�---�..` . Registe o e�ls� L�� .J ' ._.._.--•- � ' 1�...4.-a,r�..� --•----•----•------•-.__ �, ••--•••-- - - ,:o, �,, ;'�--�� -=� C;� � � � � )l.� �' � � _ NC�tat'y F'�ab11C ;�,��.3i;t�r,r�r�� ;� : '1 i3 �; � ��'., r NORA'' �' • •••• L. TE6BETS, ' � � .,7e ' Stote of Misscur� nl Jt�rY Pu61E5 °`�'a s�� MY Commission , ^�•.vton Cou�}y ,,� ,.�,� �;�- j ' �� Expires Oct. 7 '' , 4 19g��, j..r r �� J �� r}_ /� oo , � �+� i s �� i t' „ +w .) L�� B� ' t,,��;9� , �N�.°,�/' °e;,,-a %��..- . JE,s '. � ��$.. � . .� '1, f.,.gJ� � titit� ; ` :!f fS�t . sr � 4 Ay,• O + ri� �uo a�o� i � : � �a a 1 a� xz �� EXHIBIT A � u s o xR � �� . _�° � � o �` r O � �¢ q R� J �� w� u a � � ��' ONN � � � } � C Q � �as� Q � � � � �� O o �I� X�o � t V � �' ¢ 3 � ` ��o�= �� d �' �dc� �r I' ..�� . _ Q � � O � � � � �• � . � �j� O � F- � O � ' � �/i 3 ; = a O W � t � � I W , �Q� � u � 4 �O I I I n • �o ti � �� Y r. �` I I O J =n ipfZ 4 O �, . � � 1 ZN I' l �� ii 0 0 � n i+ �