HomeMy WebLinkAboutIMPV-04-2023-194601.TIF i i.....4. r - - - -..... ..... .
LI
,i
1 -• i ,4......,s,„ .
4 1( ,„ ,, , . I ekt, A
It - 0_, i-t 1(.7.\\ , 8 i i * i 4
t \ : J vs -3A.t .....tp 1 aA al III ii
RI
1
i, ,,...,� (�..�.J tee It a0
Ili l; s , •
d --� llisl 5 a
.yam )hIhIhthhIittllhtI' iI
4 °�� f gr ! • 1 Syr,..29 :1-- illiligillili ligelill /I
Fe 4
y:\ 9
r `/ ` !a iØiift
s f� a `a
Q ,c1 i'' ..,Y
i •
Y(� •
��,�Jyy ys
. , iiiii 1 i gl 11 11 z,,,
4.1
.Z-► /1
t
c=c
,,
..,
427 File
P / - t .
fa
/ "'`w1 y
/ / ►
4.4
/` ` iligl' '''''''''' •....
lir
I / • 4ay. } a tRQk3i �
` }9 `.rid.: �e
q..rh ie 1, 9 m�
x
al
ff/ W
•
'7 I p 4(
g .3'
1411,
e .g / / / a // g
RJ RI rya
:�'fF4�'��;a:::13?%�:..E.,..,,.,.....�...xts?�.,w,A as::y...:✓.,:......¢�...wFn.. ..v. .. ,, ..
3804 1976 FILED ELECTRONICALLY
CATAWBA COUNTY NC
DONNA HICKS SPENCER
FILED Apr 19, 2023
AT 03:30:00 PM
BOOK 03804
START PAGE 1976
END PAGE 1981
INSTRUMENT # 06618
EXCISE TAX $0.00
North Carolina Site:9696 Riviera Dnve
Catawba County Work Order 4:46668496
North Carolina
Distribution Encroachment Agreement
for Nitrification Field Encroaclunents
THIS NORTH CAROLINA DISTRIBUTION ENCROACHMENT AGREEMENT FOR
NITRIFICATION FIELD ENCROACHMENTS ("Agreement"), made this 1 0 day
of April , 20 73 ,by and between DUKE ENERGY CAROLINAS,1.1.C,a North
Carolina limited liability company ("Duke Energy").and ALLEN DAVICO and JUDI DAVICO
("Grantee").
• Grantee is the owner of a .45-acre lot of land situated in Mountain Creek Township,
Catawba County,North Carolina.and being the land described in an instrument recorded
in Deed Book 03707,Page 1044,Catawba County Register of Deeds(the"Property"):
• Duke Energy has previously acquired a Thirty (30) foot wide easement area over the
Property on which easement area Duke Energy maintains and operates electrical facilities
(the"Easement Area"):and
• Grantee desires to use a portion of the Easement Area for the construction, installation_
operation,and maintenance of a nitrification field(the"Encroachment").
• This Encroachment shall replace and supersede that certain encroachment recorded
in Deed Book 3783 at Page 112 on December 2,2022(the"Prior
Encroachment"). DEC hereby releases,remises and abandons all right,title and
interest it may have or be able to assert under the Prior Encroachment.
NOW,THEREFORE,in consideration of the premises and of the mutual covenants herein
contained. Duke Energy, insofar as Duke Energy's rights are concerned, hereby authorizes
Grantee,his heirs and assigns,ingress and egress to construct,install,operate,monitor,repair,and
maintain the Encroachment within the Easement Area upon the following terms and conditions:
I. Grantee shall construct,install,operate and maintain the Encroachment as shown on a map.
dated March 25, 2023,and entitled"9696 Riviera Dr Septic Encroachment Map,' which
is attached hereto as Exhibit A and incorporated herein by reference(the"Map"). Other
than removing the Encroachment,Grantee shall not alter or add to the Encroachment in
any way without receiving prior written consent from Duke Energy. Should Grantee
perform am work in the Easement Area without the prior written consent of Duke Energy,
should it fail to perform the work in a manner consistent with the specifications approved
by Duke Energy, or should the Encroachment threaten any Duke Energy facility. then
Grantee shall be liable to Duke Energy for any costs Duke Energy incurs while remedying
actual or potential tlueats to Duke Energy's facilities arising from such work.
Submitted electronically by "Duke Energy"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Catawba County Register of Deeds.
38041977
2. This Agreement shall automatically terminate upon complete removal of the Encroachment
by Grantee. Should the encroachment no longer be required for the facility it is designed
to serve,this Agreement shall be terminable by Duke Energy upon ninety(90)days written
notice of Duke Energy's desire to terminate.
3. Duke Energy shall have the right to install at any time additional structures for the support
of its present or future electric lines within the Easement Area. Duke Energy agrees to
locate these additional structures, if reasonably possible, so as not to obstruct use of the
Encroachment and in compliance with 15A NCAC I8A.1950.
4. Grantee may plant low-growing shrubbery on and around the Encroachment provided that
Duke Energy shall have necessary access to its structures for maintenance purposes. Any
trees or shrubs in the Easement Area shall not be permitted to reach a height of more than
twelve(12)feet.If any such trees or shrubs do reach a height of more than twelve(12)feet,
then Duke Energy shall have the right to remove them without removing the stumps if
removal could damage system.
5. Grantee shall not place, or cause to be placed, a septic tank or any related device,
constructed of any material type, in Duke Energy's Easement Area other than inert piping
for septic draining purposes.
6. Grantee shall, upon request of Duke Energy and at no cost to Duke Energy,erect barriers
around the Encroachment area or existing facilities owned or operated by Duke Energy.
Barriers shall be of an acceptable size and construction to Duke Energy. Once installed to
Duke Energy's specifications, Grantee shall not be liable for the costs of relocating or
replacing any barrier that is later determined by Duke Energy to hinder its access to the
facilities or Easement Area.
7. Grantee shall not utilize any equipment within Duke Energy's Easement Area in such a
manner that any portion of said equipment would come any closer than fifteen(15)feet
from any conductors of its electric lines. Grantee's operation of equipment and use of
materials within Duke Energy's Easement Area shall adhere to applicable federal, state,
and local laws, rules and regulations, including the guidelines set forth by the National
Electrical Safety Code(NESC),the OSHA Standard for equipment minimum safe working
distances,and the North Carolina Overhead High-Voltage Line Safety Act(OHVSA).
8. Grantee shall be liable for, and shall indemnify,protect, and save harmless Duke Energy
from any taxes or assessments which may be levied for or as a result of the Encroachment.
9. Duke Energy shall not be liable for any damage to the Encroachment resulting from Duke
Energy or its contractors in the construction,reconstruction,replacement,maintenance,or
removal of Duke Energy's present or future facilities.
10. Grantee shall not do any digging, grading, or filling nearer than Five(5)to any of Duke
Energy structures or anchors and any slopes within the Easement Area shall be no greater
than a one to four ratio.
11.Grantee shall not do any filling or piling of earth on Duke Energy's Easement Area unless
shown on the Map and approved by Duke Energy. The surface of the Easement Area shall
be properly graded,raked,and seeded after construction of the Encroachments is complete.
12.Duke Energy may have facilities (e.g. counterpoise wires) buried in the vicinity of the
Encroachment. Grantee shall exercise diligence to avoid damaging any underground
facilities,will notify Duke Energy immediately if any damage does occur,and reimburse
Duke Energy for the costs of any repairs made necessary by such damage.
13.The Encroachment is subject to the paramount right of Duke Energy at all times to make
use of Duke Energy's entire Easement Area for the construction, maintenance,
reconstruction, and operation of electric lines. In the future, Duke Energy may require,
within the N.C.G.S. 130A statute and the 15A NCAC .1900 rules, the relocation or
modification of the Encroachment,and Grantee shall comply with the demand at no cost
to Duke Energy within ninety(90)days after receipt of the written demand.
2
38041978
14.This Agreement is effective only insofar as the easement rights of Duke Energy in the
Easement Area are concerned; and Grantee shall obtain from others such permission and
permits as may be necessary from third parties.
15.Grantee assumes all risks incident to the Encroachment and does hereby release and shall
indemnify, defend, and save harmless Duke Energy, its officers, directors, employees,
contractors,and agents from and against claims,damages,demands,legal or administrative
actions (formal or informal), expenses (including reasonable attorney's fees and court
costs),and liability(whether or not such liability has been judicially determined)for loss
of or damage to property of Grantee, Duke Energy or others, (including environmental
damages and hazardous or toxic waste cleanup) and injuries to or death of all persons,
howsoever resulting,by reason of Grantee's use of the Encroachment.
16.The recitals set forth at the opening of this Agreement are incorporated herein as if fully
restated in this Section 16.
17. Should Grantee desire or be required to contact Duke Energy for any reason related to this
Agreement it shall contact Duke Energy's customer service center and request to speak to
the land services group.
18.This Agreement shall be governed by the laws of the state of North Carolina without regard
to the conflicts of law provisions therein. The parties agree that the proper venue for any
dispute related to this agreement are the courts located in county in which the Property is
located,and the parties hereby submit to the jurisdiction thereof.
19. This Agreement contains the complete understanding of the parties and shall supersede any
prior and contemporaneous communications, agreements, and assurances related to the
subject matter of this Agreement. Any modification of this Agreement must be agreed to
in writing and signed by the parties. The parties agree that the Easement shall remain in
full force and effect. The only modifications to the terms thereof,caused by the Agreement,
shall be those which are expressly stated in this Agreement.
20. The failure of Duke Energy in any one or more instances to insist upon compliance with
any provision or covenant herein or to exercise any right or privilege herein shall not
constitute or be construed as a waiver of such or any similar provision or covenant.
21.This Agreement shall be recorded at Grantee's sole expense.
'Remainder of Page Left Intentionally Blank/
3
3804 1979
IN WITNESS WHEREOF, Duke Energy and Grantee have caused this Agreement to be signed under
seal in their names, as of the date first above written.
DUKE ENERGY CAROLINAS, LLC
a North Carolina limited liability company
By:
Name: . Ryan Houck
Title: Manager, Land Services
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, Susan F. Cannella, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify
that J. Ryan Houck,Manager,Land Services of Duke Energy Carolinas,LLC,a North Carolina limited liability
company, personally appeared before me this day and acknowledged that by authority duly given and as the act
of the limited liability company the foregoing Agreement was signed in its name by him in such capacity.
Witness my hand and official seal this the 19th day of April, 2023.
SUSAN F. CAN
NOTARY iC
MecklenburgCounty j v
(}atom Sign
North Carols {.!
My Commission Expires 3 ± Z My commission expires: April 3, 2027
4
3804 1980
IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this date
first written above.
JU VICO
STATE OF 4/1"--- l
COUNTY l _TYOF - Y�iYG+' T
1, 1 ��vut�t�( • a Notary Public of 2L YYJ e// County. State of
r11P� certify Allen DaVbo and Judi DaVlco.personally appeared before me this day and acknowledged
the due execution of the romping EASEMENT.
Witness my hand and noted.*seal,this,0 day of` F pY► , 20_
Notary Pub* '
Cornrnis51On exptres:I ! e
tep ens :y
Notary Public ti
Iredelf County '.
North Carolina
M Commission •Ires 11 27 2027 -'+
•
3804 1981
i 8ii ! 11 I THIS MAP MAY NOT BE A CERTIFIEDtOPY AND HAS NOT
y ; BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY
i p 5d FOR COMPLIANCE WITH ANY APO,ICABLE LAND `
i F q 3 DEVELOPMENT REGULATIONS AND HAS NOT BEEN
pgg R1 Di REVIEWED FOR COMPLIANCEr'ITH RECORDING
• '1 Sg ' REQUIREMENTS FOR PLATS J
y if gy J
M isi 0 I / 14
/
1 G
k J WI!
9' /\ / B
e* N d• 7
17 1 A
O ,/ �. •ag / { 'Y"
I j r'- ' /; • N,
fq"WR1 /� a / It , 4$ $9 .......... i ,i, 1
4 a > �� ' a a% U
o m ,0 4gS 4 ,i 1 r
/ a n• < ~ a F Y grjr x
ap- j=
e �. /
/ �'r
\ �C.
/' / / g
// //
G /
i'vz
m SS •
, y
p5y /
MD A O 3A b F € g �
Is R5 e 0 ZD g s P s ll agg Xa EINAai ,
Elo 2 e § an2 i; 4 ilrAillgiVAggE girill
S A I`
O ;1 * 5 1 g- QcRi n i pli
Z I , All ii llt.
,j,:t.N2 lauht 1
4A g $ . m 0 --E` i G`o $ h 4 ,l IS 1 f
R \.` \\�� Jr m"f