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HomeMy WebLinkAboutSWG040162_Easement_20240131 BK 8369 PG 0631 FILED ELECTRONICALLY UNION COUNTY NC CRYSTAL D. GILLIARD ---------------------- ---------------------- FILED Jan 11, 2022 AT 09:20:00 AM BOOK 08369 START PAGE 0631 END PAGE 0634 INSTRUMENT # 01243 EXCISE TAX $47.00 EASEMENT Prepared by jef-ey E .tames Attcrney. 4720 Piedmont Row Dr,Charlotte NC 28210 Return Recoraed Documert To. DIVERSIFIED ENERGY SERVICES INC . 306 COURT SQUARE. SANFORD NC 27330 STATE OF NORTH CAROLINA For Internal Informational Purposes Only LINE NO 477 COUNTY OF UNION PROJECT TRACT NO. 1100 e` PROJECT NO 0232481 Excise Tax: $ 12 PARCEL ID # 01027005 THIS"EASEMENT" is made and granted as of this 51" day of January .2022, frorr TAMMY AUSTIN FOREMAN Married, and KAREN CHRISTINE HINSON BRANCH, Unmarried, ("Grantor', whether one or more), to PIEDMONT NATURAL GAS COMPANY, INC., a North Carolina corporation ("Piedmont"). "Grantee" whose mailing address is 4720 Piedmont Row Dr., Charlotte. North Carolina 28210. WHEREAS. Grantor is the owner of. or has an interest in, that property situated in the County of Union North Carolina, as more particularly described in the instrument recorded in Deed Book 466, Page 305, Union County Registry (the ..Property") NOW THEREFORE. Grantor for and in consideration of the sum of TwentV Three Thousand Four Hundred Ninety Eight Dollars ($23,498.00 ) and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged. hereby grants, bargains, sells, and conveys unto Piedmont. its successors and assigns the following easements) and right(s) of way under, upon, ove~. through, and across the Property, as shown on the survey attached hereto as Exhibit A and incorporated herein by reference (the `Survey'). Pipeline Easement. A perpetual easement under. upon over. through. and across that portion of the Property.. generally 50 `eet wide, designated "Pipeline Easement' on the Survey (the "Pipeline Easement Area ) for purooses of constructing. installing. maintaining. operat ng. repairing. altering, replacing, removing. relocating, inspecting, upgrading, and protecting one or more pipelines (which pipelines shall be underground', and appurtenant facilities (including, without limitation: at or be'ow grade valves and anode beds-, and above ground markers, cathodic protection equipment. bollards} for the transportation of natural gas. Temporary Construction Easement ("TCE"). A temporary right to use the area designated "TCE on the Survey the "TCE Area ) for the purposes of performing construction activities ono laying. storing. erecting, parking, andlor protecting any equipment, vehicles. materials. fill, components, parts, and tools associated with the construction of Piedmont's natural gas pipelines and appurtenant facilities for which this TCE is given, which may or may not be located on the Property. Piedmont shall have the right. but not the obligation, to install temporary fencing around the TCE Area and to exclude all persons, including Grantor from any fenced portions of the TCE Area. Following all facilities for which this TCE is given being placed in service, the TCE shall terminate upon (1) Piedmont's restoration of the TCE Area pursuant to the restoration requirements described in the Damages section below and (2) when anv permits have been issued for construction and/or erosion and sediment control measures are present, the release of Piedmont from its obligations under all permits and the removal of all temporary erosion and sediment control measures from the Property. The TCE does not grant Piedmont the right to piace any permanent natural gas pipelines or appurtenant facilities in the TCE Area Utility Station Site Easement. A perpetual easement under. upon. over. through and across that portion of the Property designated "USSE" of the Survey (the 'USSE Area') for the purposes of erecting, constructing, maintaining, operating, altering. re'•ocating repairing, upgrading. replacing, removing. nspecting, grading, and protecting one or more utility stations or sites and appurtenant facilities used in connection therewith (including, without limitation. pipelines, meter stations, valves. launchers andlor receivers. regulator stations, and electrical and telecommunication equipment) for the transcortation and/or control of natural gas. Piedmont shall have all rights necessary for the fall use and enjoyment of the USSE Area, including, those rights set forth below and without iimitation the right, but not the obligation, to (1) install fencing within or around all or portions of t•ne USSE Area-, (2) exclude all persons. including Grantor, from any fenced portions of the USSE Area. and (3) install lancscaping within or around the USSE Area to screen the USSE Area as may be desired by Piedmont or required by any governmental authority. Grantor represents and agrees that it shall grant and convey such reasonable easements and rights of way to third party utility services providers as Piedmont may deem necessary or desirable to serve its facilities Permanent Access Easement. A perpetual access easement upon, over, and across that portion of the Property designated "Permanent Access on the Survey (the "Permanent Access Area") for the purposes of ingress, egress, and regress. Piedmont shall have the right, but not the obligation. to construct, reconstruct, maintain, repair, improve, and/or Pe . Feb. 202' submitted electronically by "Diversified Energy services, Inc." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the union county Register of Deeds. BK 8369 PG 0632 use roads or driveways within the Permanent Access Area (including, without limitation, grading, Qoave|ing, and installing culverts). Either party may install gates within the Permanent Access Area with the prior written approval of the other party, which shall not be unreasonably withheld, provided that both parties have reasonable means of using any locked gates. Grantor shall assume all risk in connection with Grantor's use, maintenance, and/or improvement of any roads, driveways, nr gates within the Permanent Access Area. Grantor reserves the right to na|noete the Permanent Access Area stGrantor's expense to such location as Grantor shall reasonably select', provided that Grantor shall at all times continue to provide Piedmont similar and substantially equal access to the easement(s) and/or facilities for which this permanent access easement is given. Prior to any planned relocation of the Permanent Access Area, Grantor must submit a plan for the proposed alternative access to Piedmont for approval,which approval shall not bV unreasonably withheld. Upon Piedmont's approval, Piedmont and Grantor will execute such documentation as Piedmont deems necessary to indicate the new location of the Permanent Access Area. For purposes 0fthis EASEMENT, the term "Easements" shall refer collectively to all easements described above and as depicted on the Survey and the term"Easement Areas" shall refer collectively 0o all the easement areas described above and aa depicted nn the Survey. Use. Piedmont shall have ail rights necessary or convenient for the full use and enjoyment of the Easement(s) herein granted, including, without limitation: (1) reasonable access across the Property 0o and from the Easement Areas, and (2) the right, but not the obligation, to clear and keep the Easement Areas cleared of vegetation, undergrowth, haen (including overhanging limbs and foliage), buildings,structures, installations,and any other obstructions which unreasonably interfere with the rights granted herein (collectively, "Obstructions'). Some or all of the natural gas pipelines and appurtenant facilities (collectively, as described and permitted in the Easements granted herein, the "Facilities") may be installed now and/or in the future. All Facilities shall be and remain the property of Piedmont and may be removed by it at any time and from time to time. Grantor's Reservation of Rights, Grantor reserves the right to use the Property and Easement Areas for all purposes that do not unreasonably interfere with the rights granted herein and that are not inconsistent with any applicable federal, state, or |nco| law, rule, or regulation. Grantor may change the use of the Easement Areas or install certain Obstructions within the Easement Areas if Grantor has obtained prior written approval from Piedmont,which approval shall not be unreasonably vvithhe|d, conditioned or delayed. Anything to the contrary herein notwithstanding, Grantor shall not: (1) unreasonably interfere with Piedmont's access to or maintenance of the Facilities or the Easement Areas-, (2) endanger the safety of Grantor. Piedmnnt, the general pub|iu, private orpersonal property. or the FacUiUuo� ur (3) install or maintain, or permit to be installed or maintained, any Obstructions within the Easement Areas except as approved in writing by Piedmont. Piedmont shall be responsible for actual physical damage to (1) the land within the Property and Easement Areas and (2) improvements and annual crops located on the Property that are not in violation of the terms hereVf, to the extent caused by Piedmont in exercising the rights granted hennin, provided that a claim is made by Grantor within one hundred and twenty (130) days after such damages are sustained, Piedmont shall restore and level the surface of the Easement Areas tua condition which is reasonably close t0the condition existing immediately prior tu Piedmont's use of the Easement Area, excepting those permanent alterations which may be permitted in connection with each Easement above, if any,and earthen water bars to prevent erosion. Piedmont shall not be liable for any damage caused toObstructions or improvements installed in violation of the terms hereof and may remove them at Grantor's expense without Grantor's prior approval orpermission. No Waiver or Additional Representations. The failure by Piedmont to exercise and/or enforce any of the rights, privileges, and Easements herein described shall not be construed as a waiver o, abandonment of any such rightu, privileges and Easements, and Piedmont thereafter may exercise and/or enforce, at any time and from time to time, any or all of them. It is understood and acknowledged by Grantor that only terms expressly stated herein will be binding onPiedmont. Ownership of the Property. Grantor represents, warrants and covenants that it is the lawful owner of the Property and has the right to convey the rights set forth herein and that the Property iefree from all encumbrances, except for encumbrances of record. Grantor represents it has obtained any necessary approvals from any applicable tenant interests, Tu have and\ohold said rights, privileges, and Easements unto Piedmont, its affiliates, successors,and assigns. Piedmont, its successors and esaigns, shall have the right to uee/gn. license, |eaee, or otherwise transfer, in vvhq|e or in part, this EA8EyNENT. or any rights granted henain, to any person o, entity, including but not |innihad to, any affiliated parent or subsidiary entity of Piedmont, for the uses and purposes expressly stated herein. This EASEMENT shall run with the land and inure to the benefit of and be binding upon Grantor, Piedmont and their respective heirs, successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] gev. Fmb, 2021 BK 8369 PG 0633 IN WITNESS WHEREOF, this EASEMENT has been signed under seal by Grantor, as of the date first above written. GRANTOR: Sign L KAREN CHRISTINE HINSON BRANCH Print 4 Sign TAMMY AUSTIN FOREMAN Print STATE OF NORTH CAROLINA COUNTY OF UNION I. 1 JzAc ej 1� a Notary Public for 1(2Z2�L, County, North Carolina, do hereby certifyI foll that Karen Christine Hinson Branch, and Tammy Austin Foreman, personally appeared before me this day and acknowledged the due execution of the foregoing Easement. Witness my hand and official seal this the,) day of .-k-'LU-WV ' 2022. [NOTARY SEAL] Sign Ronald Allen Pendleton Jr. Print Ronald Allen Pendleton Jr. Notary Public My commission expires: March 24, 2026 Moore County North Carolina Rev, Feb. 2021 BK 8369 PG 0634 AREA TABLE EXHIBIT A EASEMENTTYPE ACRES SQ.FT, PIPELINE EASEMENT 0.569 24,775 THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS 517 NOT BEEN REVIEWED BY A LOCAL GOVERNMENT ° ®�Nv v TCE 0.323 14 AGENCY FOR COMPLIANCE WITH ANY APPLICABLE ti� dR� USSE 1.326 57,775 LAND DEVELOPMENT REGULATIONS AND HAS NOT g° M N S 0.164 7,1S8 BEEN REVIEWED FOR COMPLIANCE WITH RECORDING SITE REQUIREMENTS FOR PLATS. 100 0 100 200 CERTIFICATION SCALE IN FEET cis I TYLER HASTINGS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY �Q SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION , C�A�r'rrrrr��r �� P (DEED DESCRIPTION RECORDED IN BOOK 466, PAGE 305); THAT THE �,� N f LOCA77{ '�,� NOT JI LE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM ,``�P; 'F SSJ '• �/ INFORMATION FOUND IN UNION COUNTY GIS; THAT THE RATIO OF 0 --"0 PRECISION IS 1: 10,000; AND THAT THIS MAP MEETS THE Q SEAL REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING o IN NORTH CAROLINA 12 N.C.A.C, 56,1600; PURSUANT TO G,S. 47-30 _._� L-5238 i (F)(11)(C)(4)THIS SURVEY IS OF A PROPOSED EASEMENT FOR A PUBLIC p p co UTILITY AS DEFINED IN G.S, 62-3;AND MEETS THE ATTACHMENT RULES OF G.S. 47-30 (M)11; THE PURPOSE OF THIS EXHIBIT IS FOR RIGHT OF r�� Q 00 BOUNDARY SURVEY OF TWAY OR EASEMENT QHESION ONLY AND IS NOT PROPERTY SHOWN HEREON. TO BE A ',ar�RH`�+ *��.�` cc L w Ln F U Y un THIS 3RD DAY Of SEPTEMBER 2021 TYLE J.HASTINGS,PLS L-5238 r I INE TABLE LL-1150 !` 1/2"IRON LL-1200 - *w NIE PIPE FOUND N/F 3 LINE BEARING DISTANCE // 1/2 IRON CYNTHIA GREENE( $' PATRI{K LEE SMITH&IAMIE P.SMITH P1pE FnUND DEED BOOK 6509,PAGE 138 ESTATE FILE 14-E-0181 Ll N 68'26'43"E 62,30' PIN ti 01024010 [r ¢ q PIN 9 01024009A L2 5 39"39 40"W 53.34' r"1.. / POND L3 S 50"20'20"E 20.00' Y l + N68'26'43"E WETLAND a ; 178.14' POND \ LS N 50 2046 W 479.87 �� POC PnB \ • W 50.00 Ix IN 51.3576.52 N-513641,95 L2 �T L4 4 Q 3 I $ € I608267.17 E 1608412.82 L1 // 568'26'43"W L7 N 68'2g 40"E 478.60 Z q 1/2"IRON PIPE FOUND va' 27,95' L6 N 58'26'41'E 62.30 ti fr/ ' //L3 !g L8 S 39'19'40"W IG7.94' 1 r • ! LINE TABLE a L9 S50.20'20°E 60.00 a e� / '� TEMPORARY 410 LINE BEARING DISTANCE LIE) S 66`13'34"W 111.80' CONSTRUCTION- 1 �� / LIS N 09'46411"E 228 7S' 3 Q EASEMENT#1 L11 5 39 39 40 W 379,87' - �O@' 4q'l / �(` / L19 5 SO'20'46"E 155.32' PIPELINE f I �` qv- ♦♦,���ti' EASEMENT W 122.©s' L12 N 5G 20 46 W 20 00' k. / L21 5 09'46 48 L14 S37'3108"W 194.64 S9'4668"W N, a` � 0!/a// %" ®- 123.....N10'0604 W 67.32' L13 S 50 2D 46 F 139.20 a J p,�. L22 N S2 28 37" W 19fi 67. j' ! �jj / `j L24 5 54'24'55. E 65 442 ' �1 / 40, Lis N 52"78'37" � I Y \` / 'E 65.44' L16 N 42"57'47"W 3p.25 � L17 N 52-28'37"W 11.36 1 -1 °.° L12 f h LL F PERMANENT PROPOSED CHAIN I INK FENCE N/ AM ; KAREN CHRISTINE HINSON ` LI6 ' &JAMES SIONEY HINSON NC NATURAL GAS CORP. DEED BOOK 466,PAGE 305 ADDITIONAL S'EASEMENT ` UTILITY STATION SITE DEED BK 1713,PG 149 ` \�\ EASEMENT PIN#01027005 30'a30'VALVE SITE EASEMENT DEED BK 156, \ o�TL,PQ NOTES PG 377 EXISTING CHAIN LINK FENCE �BO[9¢4s,10+ r{�-4"-is�Q 1. SUBJECT PROPERTY SURVEYED AND MAPPED ` �-A T lA FOR:DUKE ENERGY PIEDMONT NATURAL GAS. 2. AREA BY COORDINATE COMPUTATION METHOD. LEGEND FENCE 3. ALL DISTANCES ARE HORIZONTAL GRID POND DISTANCES IN U.S. SURVEY FEET. THE PROJECT ROAD SIGN COMBINED SCALE FACTOR IS 0.99985477. TELEPHONE PEDESTAL WETLAND 4, PROPERTY SUBJECT TO ANY VALID 8, UTILITY POLE r EASEMENT POINT BURIED PHONE LINE ENFORCEABLE EASEMENTS, RESTRICTION, OVERHEAD ELECTRIC RIGHTS OF WAY, Q IRON PIPE FOUND SUBJECT PARCEL 5, THERE ARE NO NCGS MONUMENTS WITHIN TCE TEMPORARY CONSTRUCTION EASEMENT — SUBJECT EASEMENT -——— 2,000 FEET OF THIS SITE. USSE UTILITY STATION SITE EASEMENT R/W STREET RIGHT OF WAY POC POINT OF COMMENCEMENT ADJACENT PARCEL 6. SURVEY IS BASED ON PHYSICAL EVIDENCE AND POB POINT OF BEGINNING _____-----EXISTING EASEMENT EXISTING MONUMENTATION FOUND DURING R/W RIGHT OF WAY -- TIE LINE THIS SURVEY. PIEDMONT NATURAL GAS COMPANY, INC encomPaSS,LL, EASEMENT EXHIBIT DUKE .,vcln ae;luu rs EASEMENT ACROSS THE LAND OF KAREN CHRISTINE HINSON & dAMES SIDNEY HINSON N R7Y� 23S?HILUARO AVE. SUl1E 2. ASHEwLAE• LI seam ET. TIMOTHY ROAD, NEW SALEM TOWNSHIP NORTH CAROLINA, C 28MENSE P-1049 aOMPASS—isle N4YW.EN COMPASSSERwOE5.CD11 UNION COUNTY, NORTH CAROLINA PIEDMONT NATURAL GAS REVISION DATE::9/3/21 SCALE: 1" = 200' SUBSIDIARY OF DUKE ENERGY #li NEW WORKSPACE DRAWN BY: BMG/JCV SITE #:116100 550 S. TRYON STREET 20: PERMANENT ACCESS EASEMENT CHECK BY: DED NTA DEED:466-305 CHARLOTTE, N.C. 28202 PROD.#:0232481 ITRACT #:477—UNIO-1100.0 LSC MAP #:116100-008742 TELEPHONE NO. (704)382-2361 j OF 1