SW6230602_Property Deed_20230705

BK 1445 PG 0844 FILED ELECTRONICALLY
HOKE COUNTY NC
CAMILLE HURST
REGISTER OF DEEDS
FILED Jun 14, 2022
AT 01:30:00 PM
BOOK 01445
START PAGE 0844
END PAGE 0858
INSTRUMENT # 05258
EXCISE TAX $0.00
NL
This Instrument Prepared By:
Richard A. Galt,PLLC
2533 Raeford Road
Fayetteville,NC 28305
NO TITLE EXAMINATION BY PREPARER
STATE OF NORTH C• 'OLINA
COUNTY OF HOKE
G' • TS OF ACCESS,UTILITY EASEMENTS • I • I TENANCE AGREE I NT
THIS G' • TS OF ACCESS, UTILITY EASEMENTS • I • I TENANCE
AGREEMENT("A•reement")is made on this 14 I'day of June,2022,by and between J&K GENE' •
CON ' • CTOR,INC.,a North Carolina corporation("J&K"),ROC ISH PROPERTY LLP,a North
Carolina limited liability partnership, JAMES R. B• ' FOOT, JEREMY HICKS and wife, T• 'YN
HICKS, PATRICK R.D'• ICO,PATRICIA D.MALONE,CONSTANCE J.MALONE,GLORY
GUTIE ' ' Z,DA I I THOMAS MASON and wife, LLY C. • SON, and RICK J.LAVELLE.
Each of the foregoing persons and entities is sometimes each referred to herein as a"Pa "and collectively
as the"Parties".
WITNESSETH:
I REAS, J&K is the fee owner of certain real property described on Exhibit A, attached hereto
and made a part hereof(the"J&K Property");and
I REAS,the J&K Property adjoins B&B Loop,an existing 60'unimproved road shown as B&B
Circle on the plat recorded in Plat Cabinet 4,Slide 4-49,Map 003,Hoke County Registry,and more particularly
described in the Deed recorded in Book 1279,Page 433,Hoke County Registry("B&B Loop");and
.1 REAS,each of the other Parties also owns land which adjoins B&B Loop; and
AS, J&K wishes to improve B&B Loop and install certain utility easements within B&B
Loop(the"Improvements"); and
Submitted electronically by "Richard A Galt PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the Memorandum of understanding with
the Office of the Register of Deeds of Hoke County. NCGS 47-14(a1)(5).

BK 1445 PG 0845
WHEREAS, in connection with the Improvements, Hoke County requires that this Agreement be
executed by the Parties; and
WHEREAS,the Parties desire to confirm the grant of various access and utility easements upon in,
over and across B&B Loop in furtherance of the Improvements upon the terms, covenants and conditions
hereinafter set forth; and
WHEREAS, the Parties to this Agreement desire to create the below described easements, which
grants the Parties the rights as set forth herein.
NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein,
and other good and valuable consideration,which is hereby acknowledged,the Parties agree as follows:
1. Recitals Incorporated. The foregoing Recitals are incorporated as if fully set forth herein.
2. Access Easement. Each of the Parties, for themselves, their heirs, successors and assigns, hereby
grants and confirms to the other Parties, their heirs, successors and assigns, for the benefit of the
Properties,a perpetual,non-exclusive access easement for pedestrian and vehicular traffic upon,over
and across B&B Loop for ingress and egress to and from Rockfish Road,together with all the rights
and privileges necessary or convenient for the full enjoyment or use thereof(the"Access Easement").
The primary purpose of the Access Easement is to allow for ingress,egress,and regress between each
of the Properties and Rockfish Road.
3. Construction and Maintenance of the Access Easement.
a. Construction. J&K, at its cost, may construct, or otherwise improve, the Access
Easement.J&K shall reasonably endeavor to minimize interference for access to the Properties during
the construction of,or improvements to,the Access Easement.
b. Maintenance and Repair. Subsequent to its construction and until such time as the
Access Easement has been dedicated and accepted for public use as a public right of way,J&K shall,
maintain the Access Easement in a good and workmanlike manner, with no contribution from any
other Parties named herein. All of the Parties agree to a dedication of the Access Easement as a public
right of way and to deliver all agreements and documents reasonably necessary in connection
therewith.
4. Utility Easements. Each of the Parties, for themselves, their heirs, successors and assigns, hereby
grants and confirms to J&K,its successors and assigns,for the benefit of the J&K Property,a perpetual,
non-exclusive easement upon, over and across the Access Easement to build, construct, lay, install,
maintain and operate water, sanitary sewer and/or storm sewer, fiber optic (any or all) lines, with
such pipes, drains, connections, manholes, and other attachments, equipment and accessories
necessary or desirable in connection therewith (the "Utility. Easements"). All such construction,
installation, operation, repair and maintenance shall be completed at J&K's cost and in accordance
with plans approved by all applicable authorities.
5. Temporary Construction Easements. Each of the Parties,for themselves,their heirs,successors and
assigns, hereby grants and confirms to J&K, its contractors and agents, for the benefit of the J&K
Property, a temporary, non-exclusive, easements upon, each Party's respective properties as
reasonably necessary during construction of the Access Easement and Utility Easements to
accommodate any necessary construction (the "Temporary Construction Easements". The
Temporary Construction Easements shall commence upon the date of this Agreement and shall expire

BK 1445 PG 0846
by its terms without the action of any party hereto upon the date of completion of the construction of
the Access Easement and the Utility Easements.
6. Permits/Compliance with Laws. J&K hereby agrees to obtain all permits, licenses and/or
approvals necessary for the construction and installation of the Access Drive and the Utility
Easements and all other improvements contemplated herein.
7. Recordation. This Agreement shall be recorded by J&K at its sole cost and expense.
8. Successors and Assigns. The terms of this Agreement shall constitute a covenant and servitude
running with the portions of the Properties encumbered by this Agreement for the benefit of the Parties
and their respective successors and assigns and shall extend to and bind the heirs, personal
representatives, successors and assigns of the Parties hereto and upon each person having any interest
therein derived through any owner thereof.
9. Limitation on Damages. In no event shall the Parties hereto be liable to any Party hereto for
consequential, indirect, speculative or punitive damages in connection with or arising from this
Agreement.
1 O. Notices. Notices hereunder shall be directed in writing to the parties at their addresses as set forth
above,or at such other addresses as the parties may specify in writing.
11. Amendments. This Agreement expresses the entire agreement between the parties herein and may be
amended only by means of a writing signed by all parties hereto.
12. Counterparts. This Agreement may be executed in two or more counterparts,each of which shall be
deemed an original,but all of which together shall constitute one and the same instrument.
13. Governing Law. This Agreement shall be governed by and in accordance with the laws of the State
of North Carolina without regard to its principles of conflicts of laws. The Parties hereto further agree
that any and all actions concerning this Agreement shall be commenced exclusively in the Hoke
County,North Carolina Superior Court. The parties hereto further waive any and all objection that
either of them might have to the jurisdiction of said venue,whether personal or subject matter.
14. Entire Agreement. This Agreement embodies the entire agreement and understanding between the
Parties and supersedes all agreements previously made between the Parties relating to this subject
matter to the extent they conflict with this Agreement.
15. Headings. Headings in this Agreement are for convenience only and shall not be used in the
interpretation or construction of provisions herein.
16. Further Documents. The parties will from time to time execute and deliver or endorse any and all
documents, conveyances and other agreements and writings that may be reasonably in order to
establish or enforce the easements granted herein.
17. Time. Time is of the essence in the performance of the duties under this Agreement.
18. Attorney's Fees. Should a Party institute legal proceedings to enforce the terms or conditions of this
Agreement, the prevailing Party shall be entitled to recover all its reasonable expenses, including
attorneys' fees and other expenses reasonably and necessarily incurred.

BK 1445 PG 0847
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
ROCKFISH PROPERTY LP,
a North Carolina limited lia ity partnership
1 �
By:
Name: ;r,; Lvt
Title: L,lyf �
State of : •
County of
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or sh Y voluntarily signed the foregoing document for the • .ose stated therein and in the capacity
indicated:
Dated: 3L1:„,..„.._
Printed Name:
Notary Public
(Official Seal) My commission expires: d
Richard alt
NOTARY PUBLIC
Cumberland unty,NC
My Commission pis December 15,2025

BK 1445 PG 0848
IN NESS •i REOF, the parties have executed this Agreement as of the day and year first
above written.
J&K:
J&K GENERAL CONTRACT INC.
/
By:
Na
2.____
. " PAC, 1.".L-1.4-1--Fe--- A•••
Title:
... .
STATE OF rt. - - )
COUNTY OF . )
1*--
I HEREBY CERTIFY, that on his I I, day of,) , 2022, before me, a Notary Public,
personally appeared fr-tv) 6, tle-trol , who acknowledged him/herself to be the
of J&K GENES , CONT' • CTOR., INC., a North Carolina
t .. +—
corpo'ation,and tha being authorized to do so as .4 .c,- , executed the foregoing
instrument for the purposes therein contained on behalf of said limited liability company.
Witness my hand and notarial seal.
(------7
,
%.
Printed namt. ir(,;...,LI.)....tAr ti-,Notary Public (Official Seal)
My commission expires: ,..k 3-, - o
Richard A Galt
_
NOTARY PUBLIC
Cumberland County,NC
My Commission Expires December 15,2025

BK 1445 PG 0849
(T)C, k
Name:J X NIES R.BAREFOOT
State of
County of
I certify that the following person(s)personally appeared before me this day,each acknowledging to
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capac
indicated:
./(9‘ of'
Dated: _ 41,
otieumn"
I z Ao
n.
4, \-5 ,,,,".:• ed Name. •
" ®
0.1.A 1„:
Notary Public •
/ 2
My commission expires: /" 9 j47
s40,0u Boo Jo
„
00,4 14.• ,,,,,,
IN 'B.7. ERFOF,the parties have exec d gr me t as of the day and year first
above written.
-11101111\
Name:JEREMY HICKS
By:
Name:TARYN HICKS
State of
County of
I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or
she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:
Dated:
Printed Name:
Notary Public
(Official Seal) My commission expires:

(
BK 1445 PG 0850
By:
Name:JAMES R.BAREFOOT
.-
State of jUOnt) CatZ72C /14.)
County of e.....,,,,i
I certify that the following person(s)personally appeared before me this day,each acknowledging to
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capac
indicated:
Dated:
Printed Name:
Notary Public •
:---
(Official Seal) My commission expires:
IN WITNESS WHEREOF,the parties have exec d t gr me t as of the day and year first
above written.
_,...
By:
e:JEREMY HICKS
By
Name.
Name:T HICKS
State of 4,1, ' 0 4,
County of 4 °ly IF IP'
I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or
she voluntarily igned the foregoing d cumalt for the rpose stated therein and in the capacity indicated:
,t.
A
ire .,— ovVittilict/4
'4‘ CIA
,...„...
Dated: 9 , /0 Ar .. e
....1
Ale ...,e1( -," ,..° „,:t°.
.7,7 No
Printed Nam-: L i
Notary Public ''t . SZ X
.. ....
-..
.$6
..
e • ,..A G. db%
...„ '
(Official Seal) My commission expires: A,- , _ ----- '''''',-,ti
''' 's p i i i'i"Vtt*t'tt%%

•
BK 1445 PG 0851
State of o Cara kitIL
County of /!u/�•
I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or
she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:
Dated:
Printed Name:
Notary Public
(Official Seal)
My commission expires:
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first
above written.
`�By:
Name:PATRICK R.D'AMICO
By: QSe
Name:JANICE D'AMICO
State of 01* /1 4
County of /A PC..
I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or
she yq lun arily signed th5s forego doc ent for the purpose stated therein and in the capacity indicated:
ra'fr( IC .
f dnl r[
Dated:
t y.
or, s � LL
r ` .. Printed Name: �lk re.� L. i �rz
' kt Notary Public
tco
clarSeal v� Mycommission expires: �J
�- se � cw �`° IX 6�‘
.,., �/lra' R��g��""�
State of
County of

•
•
•
BK 1445 PG 0852
Printed Name:
Notary Public
(Official Seal) My commission expires:
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first
above written.
By ■
N 3 PATRICIA D. r NE
State of APA 'r! or A
County of s
I certify that following person(s), .,.natty au. d before me this day,each wledging to me
that he or she voluntarily si -4 dm f4":=ging 4= meat for the p' ,;,�" s ,-, therein and in the r,:city
indi r
Dated:Ara ♦ ,:.
TD6)..L.L
Printed Name: '"fL.
%,p Notary Public
0
Y commission expires: IL
IN WITNESS W REOF, parties have executed this Agreement as of the day and year first
above written.
By:
Name:CONSTA J.MALONE
Slate of 1\Rl► CAab1y A
County of Co n7
I certify that the following person(s)personally appeared before me this day,each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity

® BK 1445 PG 0853
indicated: C,C' 5TPnCtr ALot\
Dated:83 cPPtL
4,0` f .n,Lb.I)0-0 -IA5 4\ r ' Printed Name.
` Notary Public
a' 0411,
I 2 My commission expires-4 fi rgr.C. L)
4 a�
U* t®'®®s®®IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first
above ,..
By:
Name:GLORY GUTTERREZ
State of
County of
I certify that the following person(s)personally appeared before me this day,each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated:
..... . ............. . .
Dated:
Printed Name:
Notary Public
(Official Seal) My commission expires:
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first
above written.
By:
Name:KELLY C.MASON
By:

indicated: B-K 1445 PG 0854
Dated:
Printed Name:
Notary Public
(Official Seal) My commission expires:
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first
above written.
f
l rk
By: i✓+ �r rrr f�
Name:GLORY GrTIERREZ r/
State of (01 I: N '.._.
County of"
x l�' � ;.
•S\
I certify that the following person(s)personally appeared befor- his day,each acknowledging to me
that he or she voluntarily signed the foregoing document for e stated therein and in the capacity
indicated:
Dated: 1 I .', 40,
P� ..�
`,,,,pnv,np,gp , ,�
,, Printed Name:: -�,. � �-._ ; �r �r�
.,`° 4
, Printed
Public
(Official Segl)n ; My commission expires:" W
s
\$';%,chs
pV B L`C.•':
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first
above written.
By:
Name:KELLY C.MASON
By:

indicated: . BK 1445-PG-0855
Dated:
Printed Name:
Notary Public
(Official Seal) My commission expires:
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first
above written.
By:
Name:GLORY GUTIERREZ
( _ li
/
State of
County of
I certify that the following person(s)personally appeared before me this day,each acknowledging to me
that he or she voluntarily signed the foregoing docent for the purpose stated therein and in the capacity
indicated:
Dated:
Printe e:
ir
Jotary Public
(Official Seal) ; My commission expires:
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first
above written.
6 By: ,
Name:KELLY C.MASON
By:

Nan136. V 45IR ON
State of F.) ,
County of CO(N3Qo Aix\C?I
I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or
sl 5)e voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:
44114, ,44-.. ap-
Date`;� F�pr
���� •'mission .0
n C�pTAy �1. Printed Name: r\�`,1 -1 Ti -
C• A �' Z= Notary Public14
' JBL\C'
�♦�ii •.•??28- 5.• �♦�•
(0 , J ♦ 731 r
My commission expires: a(TAM pCO `
41111111110.
State of . CI'
County of
I certify that the following person(s)personally appeared before me this day,eac owledging to me that he or
she voluntarily signed the foregoing document for the purpose stated th . the capacity indicated:
Dated:
Pry N
Not Pu is
(Official Seal) mmission expires:
IN WITNESS WHEREOF e p have executed this Agreement as of the day and year first
above written. Nim)
By:.
Name:RICK J.LAVELLE
State of
County of
I certify that the following person(s)personally appeared before me this day,each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated:
Dated:

BK 1445 PG 0857
° Name:DAVID THOMAS MASON
State of
County of
I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or
she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:
Dated:
Printed Name:
Notary Public
(Official Seal) My commission expires:
State of
County of_@.4.— rri
I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or
voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:
+1 /IZ. �.lG �ssico 9.(c�
Dated: .` 1 1 to �F pTA/3 •.: a.
=G7�� C, � N.Z�
Printed Name: : (Jg►.1G :;
Notary Public 'r������28 2;:��C1�`���
'.; S40
ANDC° %%%
(Official Seal) My commission expires: �� 3
IN WITNESS WHEREOF,the parties have executed tl \greement as of th day and year first
above written.
2
Y .../
. „ _
me:RICK J.LAVELLE ,,,
State of,
County of
I certify that the following person(s)personally appeared before me this day,each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated:
Dated:

BK 1445 PG 0858
EXHIBIT A
LEGAL DESCRIPTION
All of that certain lot or parcel of land situated in McLauchlin Township, Hoke County, North Carolina
and more particularly described as follows:
LYING AND BEING in McLauchlin Township, Hoke County, North Carolina, about 4.8 miles east of
the City of Raeford, about 4.2 miles west of the community of Rockfish, about 440 feet southeast of
Secondary Road No. 1406, and on the northwestern, northern and northeastern side of and adjoining
a proposed 60 foot road leading from Secondary Road No. 1406 to Secondary Road No. 1406.
Bounded on the northwest by Janes Barefoot and others, and on all other sides by the
aforementioned 60 foot road, and being more particularly described as follows, to-wit: BEGINNING at
an existing iron pipe in the western right of way of a 60 foot road, James Barefoot's southeast corner,
and runs thence as the southeastern line of three (3) acre lots previously conveyed from Sandhill
Pulp and Timber Company, Inc., S 83-45 w 848.54 feet to an existing iron pipe in the northeastern
right of way of the aforementioned 60 foot road; thence as the curve of the northeastern, northern
and northwestern right of way of said road, having a radius of 450 feet, 1,109.61 feet to the
BEGINNING, containing 4.31 acres, more or less, and being a portion of the lands conveyed to
Sandhill Pulp and Timber Company, Inc., by deed recorded, Hoke County Registry,
4c1\ 1/411°