HomeMy WebLinkAbout20170203 Ver 1_More Info Received_20170412Strickland, Bev
From: HBPowell@aol.com
Sent: Wednesday, April 12, 2017 1:22 PM
To: Higgins, Karen
Subject: Southern Crossroads DWR#2017-0203
Attachments: EasementPowellJamesKenney.pdf, TownofHollySpringsEasement(1).pdf,
TownofHollySpringsEasement(2).pdf
Hey Karen,
I am the property owner/developer of the Southern Crossroads project in Holly Springs. We currently have a 401
application pending (DWR#2017-0203) related to the installation of an offsite gravity sewer line. Robert Turnbull has been
assisting us and recently submitted to you an additional information request related to the offsite sewer easements by
mailing in a copy of the Development Agreement with the Town of Holly Springs.
I called and spoke with Jennifer Burdette this afternoon, who previously worked for me as a consultant prior to her return
to the State. She indicated you were out of town at a conference, but I wanted to send you the actual recorded easement
documents which we finalized earlier this week. All three easements documents are attached hereto.
We now have all our other required approvals and permits except for the 401 you are reviewing which we need to submit
to the Town to obtain our permit to commence installation of the sewer line. I would greatly appreciate your review of the
attached material as I understand that it is the final information needed to obtain your final approval.
Please feel free to contact me or Robert if we can assist further.
Thank you,
H. Brantley Powell
Southern Crossroads, Inc.
5210 Driftwood Lane
Morehead City, N. C. 28557
919.656.7500 (Cell)
252.222.0999 (Office)
866.870.9489 (Fax)
hbpowell@aol.com
BKO16748PGO1385
WAKE COUNTY, NC
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED & RECORDED ON
0411-2017 AT 10:02:14
BOOK: 016748 PAGE: 01385 - 01388
EASEMENT FOR SANITARY SEWER PURPOSES
PREPARED BY (W[l I= TITLE MCAMINAM t) iii RETURN TO:
JAMES K PAROUS, ATTORNEY AT LAW
1140 KHOAM FARM ROAD, SuflB 307
CARY, NC 27511
STATE OF NORTH CAROLINA
COUNTY OF WAKE
THIS DEED OF EASEMENT FOR SANITARY SEWER purposes is made and executed this 10th
day of April , 2017 by and between:
Jesse Page and wife, Carolyn Page
Post Office Box 340866
Brooklyn, New York 11234
GRANTOR, and
TOWN OF HOLLY SPRINGS
P.O. BOX 8 HOLLY SPRINGS, NC 27540
GRANTEE.
The designation "Grantor" as used herein shall include the singular and plural, as required, and the masculine,
feminine and neuter gender as appropriate.
WITNESSETH:
WHEREAS, the Grantor is the Owner of the land described as "Tract No. 1 and Tract No. 2" in
that certain Deed recorded in Book 2453, Page 365, Wake County Registry, having a Wake County Real
Estate Tax ID Number of 0052590 and a PIN of 0648838916 and has agreed to convey to the Grantee,
hereinai'or referred to as the "Town," according to the terms set forth below, the easements hereinafter
described;
NOW, IUERBFORE, For valuable consideration paid to the Grantors, receipt of which is hereby
acknowledged, the Grantor does hereby grant unto the Town, its successors and/or assigns, the right,
privilege, and easement in gross, now and hereafter, to construct, install, improve, remove, replace, inspect,
repair, maintain and use a system of pipelines or mains for the purpose of conveying sanitary sewer, or re-
use water, together with all appurtenant facilities and equipment necessary or convenient thereto, including
telecommunications lines and equipment owned or operated by the Town, in, upon, and across the property
of the Grantors lying in Wake County, N. C. and being more particularly described as follows:
submitted electronically by "James N. Pardue, Attorney at Lar"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Wake county Register of Deeds.
RECORDED ELECTRONICALLY
ID County
Date Time
ai Aftle www.simplifiile.com 800.460.5657
EASEMENT FOR SANITARY SEWER PURPOSES
PREPARED BY (WrmouT TITLE EXAMINATION) & RETURN TO:
JAMES H. PARDUE, ATTORNEY AT LAW
1140 KILDAIRt: FARM ROAD, SUITE 307
CARY, NC 27511
STATE OF NORTH CAROLINA
COUNTY OF WAKE
THIS DEED OF EASEMENT FOR SANITARY SEWER purposes is made and executed this 10th
day of April . 2017 by and between:
Jesse Page and wife, Carolyn Page
Post Office Box 340866
Brooklyn, New York 11234
GRANTOR, and
TOWN OF HOLLY SPRINGS
P.O. BOX 8 HOLLY SPRINGS, NC 27540
GRANTEE.
The designation "Grantor" as used herein shall include the singular and plural, as required, and the masculine,
feminine and neuter gender as appropriate.
WITNESSETH:
WHEREAS, the Grantor is the Owner of the land described as "Tract No. 1 and Tract No. 2" in
that certain Deed recorded in Book 2453, Page 365, Wake County Registry, having a Wake County Real
Estate Tax ID Number of 0052590 and a PIN of 0648838916 and has agreed to convey to the Grantee,
hereinafter referred to as the "Town," according to the terms set forth below, the easements hereinafter
described;
Now, THEREFORE, For valuable consideration paid to the Grantors, receipt of which is hereby
acknowledged, the Grantor does hereby grant unto the Town, its successors and/or assigns, the right,
privilege, and easement in gross, now and hereafter, to construct, install, improve, remove, replace, inspect,
repair, maintain and use a system of pipelines or mains for the purpose of conveying sanitary sewer, or re-
use water, together with all appurtenant facilities and equipment necessary or convenient thereto, including
telecommunications lines and equipment owned or operated by the Town, in, upon, and across the property
of the Grantors lying in Wake County, N. C. and being more particularly described as follows:
BEING all of the Sanitary Sewer Easement ("Easement Area"), twenty (20) feet in width, ten feet in width
along both sides of the centerline, as depicted on the survey and drawing attached hereto as Exhibit A and
incorporated herein by reference.
Together with a Temporary Construction Easement ("Construction Area"), ten (10) feet in width as depicted
on the survey and drawing attached hereto as Exhibit A and incorporated herein by reference.
THE SPECIFIC PURPOSES, TERMS AND CONDITIONS, of the easements herein conveyed are as
follows:
PUBLIC SANITARY SEWER:
The Town may use the area to construct, improve, replace, inspect, repair, maintain and use a public
sanitary sewer for the transmission of wastewater.
I. SLOPING AND LANDSCAPING:
The Town shall be entitled to use the area as it deems necessary and appropriate for cutting and clearing
vegetation, excavating, sloping, cuffing, filling, grading or otherwise changing the natural contours of the
easement area in order to support and accommodate the project for the intended purposes.
IL TEMPORARY CONSTRUCTION USE:
The Town may use the area on a temporary basis for purposes necessary and incidental to the construction,
maintenance, or repair of the sanitary sewer improvements on adjacent public easements or within the
temporary construction easement areas herein conveyed.
III. TERM:
The Easement for the sanitary sewer shall last in perpetuity, and shall not expire. Any Temporary
Construction Easement from the Grantor herein to The Town of Holly Springs shall expire upon the
conclusion of the project by the Town, as determined solely by the Town.
IV. RESPONSIBILITY FOR MAINTENANCE:
The Town of Holly Springs shall have sole responsibility for repair and maintenance of any facilities
constructed within the easement, and the Grantor's fee ownership of the affected property shall not subject
Grantor to any liability as a result of the construction, use, repair and maintenance of any sanitary sewer
constructed within the easement. The Town shall maintain the easement according to its schedule of
maintenance for sewer outfalls.
AS FURTHER GENERAL TERMS AND CONDITIONS of this easement, the Grantor shall remain the
fee owner of the affected property, and may make all lawful uses of such property not inconsistent with the
sanitary sewer and temporary construction easement herein conveyed; and, following completion of any
public improvements within the easement areas, including maintenance and repair of same, the Town will
restore any disturbed lands to as near as possible their former condition.
TO HAVE AND TO HOLD the aforesaid sanitary sewer easement interests, temporary construction
easement(s) and all privileges and rights thereunto belonging to the Town of Holly Springs, its successors
and assigns forever.
THIS EASEMENT shall be binding upon the heirs, successors and assigns of the Grantor
AND the Grantor does covenant that it is vested of the premises in fee and has the right to convey the same
in fee simple; that the same are free from encumbrances except as may be hereinafter stated; and that it will
warrant and defend title to the same against the claims of all persons whomsoever.
1. Subject to ad valorem taxes for the tax year 2017.
2. Subject to any other restrictions, encumbrances and easements of public record.
IN WITNESS WHEREOF, the Grantor hereinbefore named has set his hand and seal the day and year first
above written.
State of
County of �U f CtY'
(Seal)
(Seal)
SoJoboc. �
1, a Notary Public for the said County and State, certify that
Jesse a and wife, n Page, personally came before me this day and acknowledged the due
exec ' n of the foregoing instrument for the purposes therein expressed.
Witness my hand and official seal, this the /0 day of �'/ / , 2017.
(Official Seal)
Sabba Mahmood ZaPublic
Notary PubUo
New Jersey
My Comm. Expires 10.18-2021
No. 50047942
My Commission Expires: jy ` 1 '� - Z�0Z I
ilk
MO/A JbL�A
140;UL)l bnPI10
cappa
V.10
ljjr
j.,.nr I.I.Clul U% iva.A pre
T� LI }1; 1;,
Ilm if /�(..?vvj of Ili— (r^.911cl J],
*arr-rrrrrrrrrrrr g
co OD to:4 �}0
CO+ •4 L~yj W.1+pOp Vst�1. (�N+O'Om VppJ.4N+ fliz
lip
ril
Sol- y� r yzwwxzzlztwzz�zl �zjzw"wwmwflluf/1b N C1
[+] @@@@ oftyf �i�S�i.y�l0lQ�jwatpyu 1: u4 q" C G
QC Id►Siro ♦�j6 m
pa+.p�a�pQ_1111111pY�' � m�s
UI Q M ID�OOWN� r� iatE1�>3db:+REQ O {G tit
o OpN m>{>{Id�>�ni6 Anirleliri>rcl�lilininSoi
i�.,i j@1 f1s f+Zi
�lblF +tb�6.�ie�o a wpi,+a- A A
0
8 rrrrrrrrrrrrr
It1111117g111i O
xJ zzzzzzzzzzzzs
co
• 4NIIIIt111111 W ,OD
UI
10,
100.1
411
r r r
I I I I •° m�� o
/ I `✓ o ae
�/ N/ ��/ � •off m
/ z �0 mzm-
i�
to
Fm
mw
�
ori " S 00'23'25"W 600.95'
I.i
n
Ic co
W �
r"'I i3
m N
O
n
`C m
b IT
01 Q.
m 0"
77 f�D
rt
y
O wwAyy
r.r
cr
H
� 9
W W
C
O
C.
N
O
n
0
rn
rt
m
t�D
O
0
►•I
BKO16748PGO1389
WAKE COUNTY, NC
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED & RECORDED ON
04-11-2017 AT 10:02:15
BOOK: 016748 PAGE: 01389 - 01393
EASEMENT FOR SANITARY SEINER PURPOSES
PREPARED BY (W ITidOLrrM X EXAMYNA710N) & RETURN To:
JAM H. PARDUG, ATTORNEY AT LAW
1140 K1LDA[RE FARM RoAD, SurrE 307
CARP, NC 27511
STATE OF NORTH CAROLINA
COUNTY OF WAKE
THIS DEED OF EASEMENT FOR SANITARY SEWER purposes is made and executed this 10th
day of April , 2017 by and between:
Jesse Page and wife, Carolyn Page
and Guy J. Page, Unmarried
Post Office Box 340866
Brooklyn, New York 11234
GRANTOR. and
TOWN OF HOLLY SPRINGS
P.O. BOX 8 HOLLY SPRINGS, NC 27540
The designation "Grantor" as used herein shall include the singular and plural, as required, and the masculine,
feminine and neuter gender as appropriate.
WITNESSETH:
WHEREAS, the Grantor is the Owner of the land described in that certain Deed recorded in Book
6606, Page 623, Wake County Registry, having a Wake County Real Estate Tax ID Number of 0052626
and a PIN of 0648837205 and has agreed to convey to the Grantee, hereinafter referred to as the "Town,"
according to the terms set forth below, the easements hereinafter described;
NOW, THEREI+ORE, For valuable consideration paid to the Grantors, receipt of which is hereby
acknowledged, the Grantor does hereby grant unto the Town, its successors and/or assigns, the right,
privilege, and easement in gross, now and hereafter, to construct, install, improve, remove, replace, inspect,
repair, maintain and use a system of pipelines or mains for the purpose of conveying sanitary sewer, or re-
use water, together with all appurtenant facilities and equipment necessary or convenient thereto, including
telecommunications lines and equipment owned or operated by the Town, in, upon, and across the property
of the Grantors lying in Wake County, N. C. and being more particularly described as follows:
submitted electronically by "James H. Pardue, Attorney at Lair"
in compliance with North Carolina statutes governing recordable documents
and the terns of the submitter agreement with the wake county Register of Deeds.
RECORDED ELECTRONICALLY
I D County
Date Time
simplifilc wwws;mplifile.com 800.460.5657
EASEMENT FOR SANITARY SEWER PURPOSES
PREPARED BY (WITHOUT TITLE EXAMINATION) & RETURN TO:
JAMES H. PARDUE, ATTORNEY AT LAW
1140 KILDAIRE FARM ROAD, SUITE 307
CARY, NC 27511
STATE OF NORTH CAROLINA
COUNTY OF WAKE
THIS DEED OF EASEMENT FOR SANITARY SEWER purposes is made and executed this 10th
day of _ April , 2017 by and between:
Jesse Page and wife, Carolyn Page
and Guy J. Page, Unmarried
Post Office Box 340866
Brooklyn, New York 11234
GRANTOR. and
TOWN OF HOLLY SPRINGS
P.O. BOX 8 HOLLY SPRINGS, NC 27540
GRANTEE.
The designation "Grantor" as used herein shall include the singular and plural, as required, and the masculine,
feminine and neuter gender as appropriate.
WITNESSETH:
WHEREAS, the Grantor is the Owner of the land described in that certain Deed recorded in Book
6606, Page 623, Wake County Registry, having a Wake County Real Estate Tax ID Number of 0052626
and a P1N of 0648837205 and has agreed to convey to the Grantee, hereinafter referred to as the "Town,"
according to the terms set forth below, the easements hereinafter described;
Now, THEREFORE, For valuable consideration paid to the Grantors, receipt of which is hereby
acknowledged, the Grantor does hereby grant unto the Town, its successors and/or assigns, the right,
privilege, and easement in gross, now and hereafter, to construct, install, improve, remove, replace, inspect,
repair, maintain and use a system of pipelines or mains for the purpose of conveying sanitary sewer, or re-
use water, together with all appurtenant facilities and equipment necessary or convenient thereto, including
telecommunications lines and equipment owned or operated by the Town, in, upon, and across the property
of the Grantors lying in Wake County, N. C. and being more particularly described as follows:
BEING all of the Sanitary Sewer Easement ("Easement Area"), twenty (20) feet in width, ten feet in width
along both sides of the centerline, as depicted on the survey and drawing attached hereto as Exhibit A and
incorporated herein by reference.
Together with a Temporary Construction Easement ("Construction Area"), ten (10) feet in width as depicted
on the survey and drawing attached hereto as Exhibit A and incorporated herein by reference.
THE SPECIFIC PURPOSES, TERMS AND CONDITIONS, of the easements herein conveyed are as
follows:
PUBLIC SANITARY SEWER:
The Town may use the area to construct, improve, replace, inspect, repair, maintain and use a public
sanitary sewer for the transmission of wastewater.
I. SLOPING AND LANDSCAPING:
The Town shall be entitled to use the area as it deems necessary and appropriate for cutting and clearing
vegetation, excavating, sloping, cuffing, filling, grading or otherwise changing the natural contours of the
easement area in order to support and accommodate the project for the intended purposes.
H. TEMPORARY CONSTRUCTION USE:
The Town may use the area on a temporary basis for purposes necessary and incidental to the construction,
maintenance, or repair of the sanitary sewer improvements on adjacent public easements or within the
temporary construction easement areas herein conveyed.
IIL TERM:
The Easement for the sanitary sewer shall last in perpetuity, and shall not expire. Any Temporary
Construction Easement from the Grantor herein to The Town of Holly Springs shall expire upon the
conclusion of the project by the Town, as determined solely by the Town.
IV. RESPONSIBILITY FOR MAINTENANCE:
The Town of Holly Springs shall have sole responsibility for repair and maintenance of any facilities
constructed within the easement, and the Grantor's fee ownership of the affected property shall not subject
Grantor to any liability as a result of the construction, use, repair and maintenance of any sanitary sewer
constructed within the easement. The Town shall maintain the easement according to its schedule of
maintenance for sewer outfalls.
AS FURTHER GENERAL TERMS AND CONDITIONS of this easement, the Grantor shall remain the
fee owner of the affected property, and may make all lawful uses of such property not inconsistent with the
sanitary sewer and temporary construction easement herein conveyed; and, following completion of any
public improvements within the easement areas, including maintenance and repair of same, the Town will
restore any disturbed lands to as near as possible their former condition.
TO HAVE AND TO HOLD the aforesaid sanitary sewer easement interests, temporary construction
easement(s) and all privileges and rights thereunto belonging to the Town of Holly Springs, its successors
and assigns forever.
THIS EASEMENT shall be binding upon the heirs, successors and assigns of the Grantor.
AND the Grantor does covenant that it is vested of the premises in fee and has the right to convey the same
in fee simple; that the same are free from encumbrances except as may be hereinafter stated; and that it will
warrant and defend title to the same against the claims of all persons whomsoever.
1. Subject to ad valorem taxes for the tax year 2017.
2. Subject to any other restrictions, encumbrances and easements of public record.
IN WITNESS WHEREOF, the Grantor hereinbefore named has set his hand and seal the day and year fust
above written.
Grantor:
(Seal)
(/Jesse Page
(Sea])
Carolyn Page
A 'I/ (Seal)
G-uYV. Pa4E 0
State of grw. w
County of 1111,P 6,L0-10
I, cs"bg jj4aAMjQQ31 a Notary Public for the said County and State, certify that
Jesse Page and wife, Carolyn Page, personally came before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein expressed.
1.
Witness my hand and official seal, this the �_ day of --'��1 )2017.
(Official Seal)
ZNLWN ,aN 4Ntary Public
LWet-OL sw1dg3 `moo AiH
- MOM MON
vVgnd AMON
- poouu4OW X88
My Commission Expires: 10-13 �� Z
GEOFFREY T. BULDULAO
NOTARY PUBLIC -STATE OF NEW YORK
No. O1 DU47152711
State of Qualified In Quee s County
My Commisslon Expires March 20, 201/q
County of
I,otary Public for the said County and State, certify that
Guy C. Page, pers n came fore me this day and acknowledged the due execution of the foregoing
instrument for the purposes therein expressed.
Witness my hand and official seal, this the day of AiJ& 112017.
(Official Seal
G OFFREY T. DULDULAO
'NOTARY PUBLIC -STATE OF NEW YORK
No: O1DU4752711
Qualltfed in Queens County
My CammlaslorrExpires March 20, 201
My Commission- Expires:
i
Nou4 Pubs{ c
1S'bw :l00 .)4: :iX1. 7.!... i'•.:'`.,, 7., :-. r'... t .. ...
�ryAC=W Exal u 40-l� .`
wow bnpuc �' ��
Al"!"Y; 1i:ti'ri 11J it"�l?•:it.;'illy 'l:Jf!? :'
l(lf3U'�;T
.�iUS ,I)?, Ii7Ylt'�7 ^.:1Ti.jX3 (!l?i.2?1i11fiU� ••( :q
• t�.r•
�i;i�i :1';, 1 ,ii;t,� .ii; •ri: f ! . C':Ji7 ii;` J?krtE :�c!.'. % - __ - - k
no.; aJ:1 s ad. 50 S-,...T:'OW1!Aac Lo a WAI in ...,i.•, 1r(�'..- T[41l . •J.: :. ! i':J i.,
._.___... ___-.. _. _._-_�. ____' •-._ -. 'Iii^ .. .
t � 1
- .- MR 02 !S^fillil 'i•ll::+�:n .it •,•c• ��.
OUR
w p>m& mm v ty �s$w.
m OgUR
'G F` bmy nONpm ,� V21
Nm ppm 2tln sSA °z=bm� y i
N(2j Cq n Z. V N 1
���--i11 K m
m� ~1 "Zo 49'] a o b � I LL o o N @@ Q
ti]
a q
N m o ^yG
tiJ
N' DOZ
11.A�11SpOrr
m
n mol^,
w $N
o O 9Z-
(ry�
0
O< 3].]1' 12.]'T
297.38'
296.62' v
/ S 00'16°W644.28'
m /
m o /L
N
i
d
m
�O N
Um9
Z 2
CO ANIF
cq V0p2
S
2
N mNU
fm mm�
N
yi"rt
v
OPEN SPACE
n
NNA4N'+OWm VOINA4N�ObmVgNp4N++111111111 =y
� ObmJgNAGN+
I,, m
m _____
ZZ222Z222Ug22222Z2222UNUNUUUUNU
V{p1� 4440NGV++� UNNG4GONUOG4GNNNJ
E NGO+Opy0,mpu'ONNLt tD Ol N4OlnIyGO�»P PNNIpV ANp Pmwd m
A AJN�IJJQNNpgJ 4J mJO NJ UJPaNrygONNJpSNgJ'VJNOOGNQJNNANI Z
�' fif�i2f'Ifl,i22222ff'F,�I�f'i2,af�22lriI�1(,II,i2,�lal.{I,irri w
P4P0J0�mN+uNVd-NYbNNUm+p+p,mbU +N pNm
omGm Gmom-mweq;.,gp
NONN'�+0000 JGlgm O{I.Q O,4N 4 O,4V�1 11,E > D
O UNAq WNANVOVGp�VO+rp Jq vbiDm p(pbNpWA
BKO16719PGO1181
WAKE COUNTY, NC
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED & RECORDED ON
03-14-2017 AT 09:11:32
BOOK: 016719 PAGE: 01181- 01184
EASEMENT FOR SANITARY SEWER PURPOSES
PREPARED BY (WrMOUT TITLE EXAMINATION & RETURN TO:
JAMES H. PAROLE, ATTORNEY AT LAw
1140 YULDAIRE FARM ROAD, SLIT& 307
CARY, NC 27511
STATE OF NORTH CAROLINA
COUNTY OF WAKE
THIS DEED OF EASEMENT FOR SANITARY SEWER purposes is made and executed this
day of March, 2017 by and between:
James Franklin Kenney, Successor Trustee of
the Hattie A. Mims Living Trust u/a/d
November 12, 2003
272 Mooring Buoy
Hilton Head Island, SC 29928
GRANTOR, and
TOWN OF HOLLY SPRINGS
P.O. BOX 8 HOLLY SPRINGS, NC 27540
GRANTEE.
The designation "Grantor" as used herein shall include the singular and plural, as required, and the masculine,
feminine and neuter gender as appropriate.
WITNESSETH:
WHEREAS, the Grantor is the Owner of the land described as "Parcel A" in that certain Deed
recorded in Book 10558, Page 2587, Wake County Registry, having a Wake County Real Estate Tax ID
Number of 0047597 and a PIN of 0648837540 and has agreed to convey to the Grantee, hereinafter referred
to as the "Town," according to the terms set forth below, the easements hereinafter described;
NOW, THEREFORE, For valuable consideration paid to the Grantors, receipt of which is hereby
acknowledged, the Grantor does hereby grant unto the Town, its successors and/or assigns, the right,
privilege, and easement in gross, now and hereafter, to construct, install, improve, remove, replace, inspect,
repair, maintain and use a system of pipelines or mains for the purpose of conveying sanitary sewer, or re-
use water, together with all appurtenant facilities and equipment necessary or convenient thereto, including
telecommunications lines and equipment owned or operated by the Town, in, upon, and across the property
of the Grantors lying in Wake County, N. C. and being more particularly described as follows:
submitted electronically by "James H. Pardue, Attorney at Law"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the wake county Register of Deeds.
RECORDED ELECTRONICALLY
ID County
Date Time
simplifile wwwsimplifle:eem 000A60.5657
EASEMENT FOR SANITARY SEWER PURPOSES
PREPARED BY (wrmou'r TITLE EXAMINATION) & RETURN TO:
JAMES H. PARDUE, ATTORNEY AT LAw
1140 MiDAIRE FARM ROAD, SUITE 307
CARY, NC 27511
STATE OF NORTH CAROLINA
COUNTY OF WAKE
THIS DEED OF EASEMENT FOR SANITARY SEWER purposes is made and executed this
day of March, 2017 by and between:
James Franklin Kenney, Successor Trustee of
the Hattie A. Flims Living Trust u/a/d
November 12, 2003
172 Mooring Buoy
Hilton Head Island, SC 29928
GRANTOR, and
TOWN OF HOLLY SPRINGS
P.O. BOX 8 HOLLY SPRINGS, NC 27540
GRANTEE.
The designation "Grantor" as used herein shall include the singular and plural, as required, and the masculine,
feminine and neuter gender as appropriate.
WITNESSETH:
WHEREAS, the Grantor is the Owner of the land described as "Parcel A" in that certain Deed
recorded in Book 10558, Page 2587, Wake County Registry, having a Wake County Real Estate Tax ID
Number of 0047597 and a PIN of 0648837540 and has agreed to convey to the Grantee, hereinafter referred
to as the "Town," according to the terms set forth below, the easements hereinafter described;
NOW, THEREFORE, For valuable consideration paid to the Grantors, receipt of which is hereby
acknowledged, the Grantor does hereby grant unto the Town, its successors and/or assigns, the right,
privilege, and easement in gross, now and hereafter, to construct, install, improve, remove, replace, inspect,
repair, maintain and use a system of pipelines or mains for the purpose of conveying sanitary sewer, or re-
use water, together with all appurtenant facilities and equipment necessary or convenient thereto, including
telecommunications lines and equipment owned or operated by the Town, in, upon, and across the property
of the Grantors lying in Wake County, N. C. and being more particularly described as follows:
BEING all of the Sanitary Sewer Easement ("Easement Area"), twenty (20) feet in width, ten feet in width
along both sides of the centerline, as depicted on the survey and drawing attached hereto as Exhibit A and
incorporated herein by reference.
Together with a Temporary Construction Easement ("Construction Area" ), ten (10) feet in width as depicted
on the survey and drawing attached hereto as Exhibit A and incorporated herein by reference.
THE SPECIFIC PURPOSES, TERMS AND CONDITIONS, of the easements herein conveyed are as
follows:
PUBLIC SANITARY SEWER:
The Town may use the area to construct, improve, replace, inspect, repair, maintain and use a public
sanitary sewer for the transmission of wastewater.
I. SLOPING AND LANDSCAPING:
The Town shall be entitled to use the area as it deems necessary and appropriate for cutting and clearing
vegetation, excavating, sloping, cuffing, filling, grading or otherwise changing the natural contours of the
easement area in order to support and accommodate the project for the intended purposes.
II. TEMPORARY CONSTRUCTION USE:
The Town may use the area on a temporary basis for purposes necessary and incidental to the construction,
maintenance, or repair of the sanitary sewer improvements on adjacent public easements or within the
temporary construction easement areas herein conveyed.
The Easement for the sanitary sewer shall last in perpetuity, and shall not expire. Any Temporary
Construction Easement from the Grantor herein to The Town of Holly Springs shall expire upon the
conclusion of the project by the Town, as determined solely by the Town.
IV. RESPONSIBILITY FOR MAINTENANCE:
The Town of Holly Springs shall have sole responsibility for repair and maintenance of any facilities
constructed within the easement, and the Grantor's fee ownership of the affected property shall not subject
Grantor to any liability as a result of the construction, use, repair and maintenance of any sanitary sewer
constructed within the easement. The Town shall maintain the easement according to its schedule of
maintenance for sewer outfalls.
AS FURTHER GENERAL TERMS AND CONDITIONS of this easement, the Grantor shall remain the
fee owner of the affected property, and may make all lawful uses of such property not inconsistent with the
sanitary sewer and temporary construction easement herein conveyed; and, following completion of any
public improvements within the easement areas, including maintenance and repair of same, the Town will
restore any disturbed lands to as near as possible their former condition.
TO HAVE AND TO HOLD the aforesaid sanitary sewer easement interests, temporary construction
easement(s) and all privileges and rights thereunto belonging to the Town of Holly Springs, its successors
and assigns forever.
THIS EASEMENT shall be binding upon the heirs, successors and assigns of the Grantor.
AND the Grantor does covenant that it is vested of the premises in fee and has the right to convey the same
in fee simple; that the same are free from encumbrances except as may be hereinafter stated; and that it will
warrant and defend title to the same against the claims of all persons whomsoever.
1. Subject to ad valorem taxes for the tax year 2017.
2. Subject to any other restrictions, encumbrances and easements of public record.
IN WITNESS WHEREOF, the Grantor hereinbefore named has set his hand and seal the day and year first
above written.
Grantor:
--T (Seal)
Tames Franklin Kenney, Successor Trustee
of the Hattie A. Mims Living Trust
u/a/d November 12, 2003
State of South Carolina
County ofca u ) - -
1 `
- r ane 51 Sa Notary Public for the said County and State, certify that
James Franklin Kenney, Successor Trustee of the Hattie A. Mims Living Trust u/a/d November 12, 2003,
personally came before me this day and acknowledged the due execution of the foregoing instrument for
the purposes therein expressed .
Witness my hand and official seal, this the day of March, 2017.
(Official Seal) L 0"'
nkPublic
My Commission Expires:
MANEs�
cb
:g MARCH 9fi:
=c • g w�=
a 2026
`1
®,Oso cAR0L�:1?•��j a*'`
0
LP
30HdS N3d p 3O6'dS N3d0
M„9Z,CZ.00 S <10'96C M„ZC,Z1,00 S °;
a
v) � ro
04
uj
U z �/ / �zQvizi`
O G v)Lo
rj�j /
� V j- « 3 N of O
I /01
0
o �n®I//'
a N !' %fes / / / / /' \ n C7
a)o �. uj
W
i /
f SL ) 1 ) I M0
f co W 07 C}
/ f t• ii M fil fY n N O i6 Gi tM i0 7 4
�4 r-1 i f 1 �ii`rNq CN omm I.mrnnv o�
rf
MT L, ,ri ,: n.-'._6oaiN,rnp
i -I CT1 �ryf ! f WCodW cal N¢ mnnvm rnoavNm
^N M M
a) a) rl I I J Y� a n a
zmwEn aGo(o
_�nornrnoN pp
MM_ min»Nut
4z �
4-) z � Maho a OmM
FL rj f) N m to i,;, :r al ipio
azo n�nMnM MNN mn,-s
w gFm zzzzzzzzzzzz
04f�1—f ^ / uy J a
tR O �j ! J L w
( / NmhmOrO_NM+F ,nm
r"i f�! /..-1.. NNNNNnYIMMMM�
r1 --II
,�
� a)
ani L 6' 1 1
H rt /''"b? ^a.�y"yl1A /' ", 3„09,91.00 N
,�-I V / /�i�'/V / / d' N OMmn VN: -NN • O'•• ,• ate%
V
NN
oo ;
0.
!1) r -i
^
,S / / CF aYOM+70�td1NNffi-}o fi.� ,,,,
10 pn 2,-, ,mNNN i WL^4,
V / tVOM^sF�00MMM L"-•
(1) U00to +n iv y. it 2c to I+ f� t�
-- -ri Z zzzzzzzzzz(am i+> a
4-1 r -I Ln
(n�4 v,
,`
(`4. 1 1 1 7{ i l NNNNN Z
}M (VJJJJJJJJJJJJ
gi
V r_.
zo
t� n N O m
v � J Z r'n .n in'v i� irs-n � r of a E•+ hal � 4
W M Oo
o M to o
O
Ui �S �� S��/` z w .Y a Q Z o� Cl? M
'ri '�` Ci c9 n h m m io rN�' t d •a w �aWG�r77: r�ry' � � � I o O � : L) Cv
�{ �i ` ` ”` m = Z v 4 0 0 0 � i0 �`+ in-imi (W'J Z pp =:
\ NO41b,4�oMorn ”—
,nnnnnNw umi nt 2.n CW/� �x.�..z it
zzzzzzzzzzzz? r op, zr,
P4 D w111 4 4 W U Z Di o
� F -M iC NM<,mm�mm0.-N yyE Arr�W,Wj FIa.
H O Q U JJ JJJJJJ J�J WOQrJ WLYW Q•.�
w O R7 R. c x ta. I