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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. 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