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HomeMy WebLinkAboutRBPR-11-2023-46147.tif - 3929 1923 FILED ELECTRONICALLY CATAWBA COUNTY NC ANGELA HENSON FILED Mar 17, 2025 AT 10:07:00 AM BOOK 03929 START PAGE 1923 END PAGE 1931 INSTRUMENT # 05090 EXCISE TAX $0.00 SSS Drawn By and Mail To: Irvin Law Group,PLLC P.O.Box 2376 Davidson,North Carolina 28036 STATE OF NORTH CAROLINA SANITARY SEWER EASEMENT AGREEMENT COUNTY OF CATAWBA THIS SANITARY SEWER EASEMENT AGREEMENT(the"Agreement")is made and entered into this 14th day of March,2025,by and between NADEZHDA V.RUSSO and AFSHIN GHAZI(collectively,the"Grantors")and WRIGHT INVESTMENTS,LLC,a North Carolina limited liability company (the"Grantee"). Grantors and Grantee may be referred to collectively as the"Parties,"or, individually, a"Party". WHEREAS, Grantors are the owners of that certain tract or parcel of land containing approximately 0.314 acres, located in Catawba County,North Carolina, being more particularly described on Exhibit A attached hereto and incorporated herein by this reference, and shown as "Septic Area for Lot#3" on survey entitled"Physical Survey for John T. Mundy," dated August 16,2021, attached hereto as Exhibit A-1 and incorporated herein by this reference (the"Grantor Property"). WHEREAS, Grantee owns that certain tract or parcel of land being more particularly described in instrument recorded in Book 03769, Page 1305, Catawba County Register of Deeds (the"Grantee Property"); WHEREAS, Grantors have agreed to grant and convey to Grantee, for the benefit of Grantee,its successors and/or assigns, a sanitary sewer easement over the Grantor Property as set forth herein below; NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Grantors do hereby give, grant and convey to Grantee, its successors and assigns,the following: submitted electronically by "Irvin Law Group, PLLC" in compliance with North carolina statutes governing recordable documents and the terms of the submitter agreement with the Catawba county Register of Deeds. 1 .� __N 3929 1924 1. Sanitary Sewer Easement. A non-exclusive perpetual easement (the "Sewer Easement") over, through, and across the Grantor Property, for the purpose of installation, construction,repair,maintenance,replacement grading and operation of sanitary sewer equipment, lines and facilities for the use thereof by Grantee,its successors and assigns,including all necessary temporary ditches, pipes and/or appurtenances (collectively, the "Utilities"), together with the right at all times of ingress, egress and regress, and the right of entry upon the Grantor Property on a non-exclusive basis solely for the purpose of inspecting the Utilities, making repairs or alterations, and/or clearing obstructions that may, in the reasonable opinion of Grantee, endanger or interfere with the proper maintenance and operation of the same. 2. Expiration. This Agreement shall automatically terminate at such time as public sewer becomes available to the Grantee Property and Grantee connects to public sewer within a reasonable period of time. 3. Indemnification. To the fullest extent permitted by applicable law, Grantee shall be required to indemnify, defend and hold Grantors harmless for, from and against any claim, loss, damage or expense, including reasonable attorneys' fees and investigation costs associated therewith, by reason of any accident,injury, loss or damage to any person or property arising as a result of the access to and entry upon any portion of the Grantor Property by Grantee,its assigns, and/or its contractors, agents, guests and invitees, or arising as a result of the construction, maintenance, repair or use of the Sewer Easement by Grantee its assigns, and/or contractors, agents,guests and invitees on the Grantor Property,except to the extent that such loss,damage or expense was caused by any intentional or grossly negligent act of Grantors or their contractors, agents,guests or invitees. 4. Enforcement. Each of the Parties hereto,their successors and assigns,shall have the right to enforce, by any proceeding at law or in equity, the Sewer Easement and other rights contained herein. 5. Notices. Any notices required to be given pursuant to this Agreement shall be deemed received upon delivery and/or delivery and refusal, if hand delivered or if sent by (i) United States registered mail or United States certified mail - return receipt requested, three (3) days later;or(ii)a nationally recognized courier service(such as Federal Express),one(1)business day later at such address as any of the Parties may hereafter specify in writing to the other Party(ies). Such addresses may be changed by the giving of written notice as provided in this paragraph. It is the responsibility of each of the Parties to advise the other Party(ies)of its current address,telephone number,fax number,and name of agent responsible for receiving notices. 7. Waiver. Except as provided herein, no waiver by any Party hereto or any failure or refusal of a Party to comply with its obligations under this Agreement shall constitute a waiver of any other or subsequent failure or refusal to so comply by a Party. No waiver of the terms hereof shall be valid unless in writing and signed by the Party to be charged, and then only to the extent therein set forth. 2 y ' 3929 1925 8. Attorneys' Fees. In any action or proceeding arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other Party thereto, the reasonable attorney's fees actually incurred by such other Party on the basis of such Party's counsel's normal and customary hourly rates, including such fees in any bankruptcy proceeding or in one or more appeals,court costs,filing fees,publication costs and other expenses. TO HAVE AND HOLD the aforesaid Agreement unto Grantee,its successors and assigns forever. This Agreement constitutes the entire agreement regarding the easement(s) herein granted and it is understood and agreed that all undertakings, negotiations, representations, promises, inducements and agreements heretofore had between the Parties as to the easement(s)herein granted are merged herein. This Agreement may not be changed orally,but only by an agreement in writing signed by both Grantee and Grantors, and their successors and assigns in title to their respective properties. This Agreement is intended to be performed in the State of North Carolina and shall be construed and enforced in accordance with the laws of said State. [Signature Pages Follow] 3 3929 1926 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year first above written. NADEZHDA V. RUSSO STATE OF NORTH CAROLINA COUNTY OF (V..CI � I certify that the following person(s)personally appeared before me this day,acknowledging to me that he/she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:Nadezhda V.Russo Date: rY1axe_l^ 2025 Official Signature of Notary C Notary's printed or typed name: Ct-r Li C T)o,n;�-) My commission expires: U6( 5/)o0. o (Official S al) Mary C Daniel Notary Public Mecklenburg County,NC My Commission Exp 5.30 [Signatures Continue on Following Page] 4 ✓, P 3929 1927 AFSHIN GHAZI STATE OF NORTH CAROLINA COUNTY OF Matinburq- I certify that the following person(s)personally appeared before me this day,acknowledging to me that he/she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:Afshin Ghazi Date: Mardi 13 ,2025 Official Signature of Notary: Notary's printed or typed name: A(2XGuntJrt Z !"erium My commission expires: W 4y 26i'Lon (Official Seal) ALEXANUt2A R PERNAM NOTARY PUBLIC Mecklenburg North Carolina Comm.Fxpi es Ju 26,2027 [Signatures Continue on Following Page] 5 P 3929 1928 GRANTEE: WRIGHT !�VESTMENTS,LLC, a North olina limited liability company di A, i bf Name: it rp It id Title: s WI STATE OF NORTH CAROLINA COUNTY OF: 'F 0 Y I certify that the following person(s)personally appeared before me this day,acknowledging to me that he/she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: 14bNH (7. IP Date: AA M'&h tP 41' ,2025 Official Signature of Notary: Notary's printed or typed name: (r6.V a./h L w L My commission expires: 07- ©7- 2919 (Official Seal) • ottalifoicei.raitoitssio,7.... i TA�j. � � r .r + Q'A 'O+�gL'° 2 r ',,,,r,�co�N4‘‘‘ F 39291929 Exhibit A Description of Grantor Property Lying and being in Mountain Creek Township, Catawba County,North Carolina,and being more particularly described as follows: BEGINNING AT AN IRON ROD SET IN THE NEW MARGIN OF THE RIGHT OF WAY FOR BAYLEAF LANE AND RUNNING ON A CURVE WITH BAYLEAF LANE A RADIUS OF 172.50 FEET,LENGTH 62.25 FEET,CHORD 61.92 FEET BEARING N 45 34 09 E TO AN IRON ROD SET IN THE NEW MARGIN OF THE RIGHT OF WAY FOR BAYLEAF LANE;THENCE RUNNING N 86 30 55 E 133.36 FEET TO A#4 PIN; THENCE RUNNING N 86 24 44 E 88.05 FEET;THENCE S 30 49 40 W 3.73 FEET;THENCE SOS 54 58 E 11.60 FEET;THENCE S 55 54 17 E 7.09 FEET; THENCE S 05 05 28 E 18.02 FEET; THENCE S 52 27 56 E 12.67 FEET; THENCE S 21 36 00 E 9.22 FEET;THENCE S 29 39 21 W 15.34 FEET; THENCE N 88 04 36 W 277.97 FEET TO THE POINT OF BEGINNING,HAVING A TOTAL AREA OF 0.314 ACRES, BEING SHOWN ON SURVEY ATTACHED HERETO AS EXHIBIT A-1, ENTITLED "PHYSICAL SURVEY FOR JOHN T. MUNDY", DATED AUGUST 16, 2021 AS SURVEYED BY DAVID C.POOVEY,PLS OF DEDMON SURVEYS. 7 3929 1930 Exhibit A-1 [See Attached] 8 r T 3929 1931 ErG1„l'II: 7'1fY.IC,5 I. :•I•kVEY „ . [aSM.a:z --5tV'rF•SCala uaf w•r'T C- Ifnp'n C.:CrU Cn0!0 6::r r F'S7 7R`1 NP;uo rpra 33,W tcv 1315. -- ---_Gi,pia:'U 1:]MAiz •Ct_1I_I7.730-�' 74.-- iD4-N...4:5O.il nJ JQl•11V '�� •' v,,inx.z ..:...-n..n•..-Ls w,„„t,N_ti !!!�L-1. 1'l� f 72: t 7 N.a{�a G'1 1. MUNDY warsv'a.utt -:o==mKEu�.5305 E ;:13";A•,,, =Es-•:• �.:A:IL'gig"; --_tr.O r e,r i°PVE:,t01 ?.h:r{+t 33C,r ft/M• 1-•J.A,Y 510 4+,•-A"L..- a•S:C:.,[YC' •. 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