2014-229 AMS - NCDOT - Drainage Easement Construction Easement Mt Willing Rd Bridge Construction Efland NC

Browse Search

COUNTY: ORANGE WBS ELEMENT: 17BP.7.R.62 TIP/PARCEL NO.: 068SRI 120 003 The final right of way plans showing the above described area are to be certified and recorded in the Office of the Register of Deeds for said county pursuant to N.C.G.S. 136-19.4,reference to which plans is hereby made for purposes of further description and for greater certainty. Said Permanent Drainage easement in perpetuity is for the installation and maintenance of drainage facilities,and for all purposes for which the DEPARTMENT is authorized by law to subject same.The Department and its agents or assigns shall have the right to construct and maintain in a proper manner in,upon and through said premises a drainage facility with all necessary pipes,poles and appurtenances,together with the right at all times to enter said premises for the purpose of inspecting said drainage facility and making all necessary repairs and alterations thereon;together with the right to cut away and keep clear of said drainage facility all trees and other obstructions that may in any way endanger or interfere with the proper maintenance and operation of the same with the right at all times of ingress,egress and regress. It is understood and agreed that the Department shall have the right to construct and maintain the cut and/or fill slopes in the above-described permanent drainage easement area(s). It is further understood and agreed that Permanent Drainage shall be used by the Department for additional working area during the above described project. IN ADDITION,and for the aforestated consideration,the GRANTORS further hereby convey to the DEPARTMENT,its successors and assigns the following described areas and interests: Temporary Construction Easement described as follows: Point of beginning being N 73 046'17"E, 37.82 feet from-L-STA. 13+00;thence to a point on a bearing of N 21°17'32"E, a distance of 19.0 feet;thence to a point on a bearing of N 72 037'57"E,a distance of 12.8 feet;thence to a point on a bearing of S 21°17'51"W,a distance of 22.4 feet; thence to a point on a bearing of S 86 148'27"W,a distance of 8.2 feet; thence to a point on a bearing of S 86°48'27"W,a distance of 2.8 feet; returning to the point and place of beginning. This construction easement shall expire upon completion and acceptance of the aforementioned project. This EASEMENT is subject to the following provisions only: NONE There are no conditions to this EASEMENT not expressed herein. To HAVE AND TO HOLD said perpetual easement for highway purposes unto the DEPARTMENT,its successors and assigns,and the GRANTORS,for themselves,their heirs,successors,executors and assigns,hereby warrant and covenant that they are the sole owners of the property;that they solely have the right to grant the easement;and that they will forever warrant and defend title to the same against the lawful claims of all persons whomsoever; The Grantors acknowledge that the project plans for Project# 17BP.7.R.62 have been made available to them.The Grantors further acknowledge that the consideration stated herein is full and just compensation pursuant to Article 9,Chapter 136 of the North Carolina General Statutes for the acquisition of the said interests and areas by the Department of Transportation and for any and all damages to the value of their remaining property;for any and all claims for interest and costs;for any and all damages caused by the acquisition for the construction of Department of Transportation Project# 17BP.7.R.62 Orange County,and for the past and future use of said areas by the Department of Transportation,its successors and assigns for all purposes for which the said Department is authorized by law to subject the same. (the rest of this page intentionally left blank) FRM7-N Page 2 of 3 Revised 07/19/13