WHEREAS, Commission desires to abandon such portion of such thirty foot (30') wide sanitary sewer easement previously granted;

Transcription

1 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, NORTH CAROLINA, ABANDONING A PORTION OF A THIRTY FOOT (30') WIDE SANITARY SEWER EASEMENT ACROSS TAX PARCEL NUMBER 82587, ACCORDING TO THE RECORDS IN THE OFFICE OF THE TAX ADMINISTRATION OF PITT COUNTY, NORTH CAROLINA, AND AUTHORIZING EXECUTION OF DEED OF RELEASE WHEREAS, Greenville Utilities Commission of the City of Greenville, North Carolina (hereinafter referred to as "Commission"), heretofore obtained a sanitary sewer easement thirty feet (30') in width by Grant of Sewer Easement dated July 28, 1992 appearing of record in Book 378 at Page 289, Pitt County Public Registry, across property commonly known as Tax Parcel No according to the records in the Office of the Tax Administration of Pitt County, North Carolina, and more particularly described on that certain plat appearing of record in Map Book 79 at Page 37, Pitt County Public Registry (Exhibit "A"), and as shown on that certain diagram entitled "LIDL US Operations LLC Easement to be Abandoned" dated 8/4/2016, more specifically described on that certain diagram which is marked Exhibit "B" and is attached hereto and made a part hereof, and to which reference is hereby made for a more particular and accurate description of the portion of such thirty foot (30') wide sanitary sewer easement to be abandoned; and WHEREAS, the following portion only of such thirty foot (30') wide sanitary sewer easement is no longer needed by the Commission now or in the future: Traveling from an Iron Post Set (IPS) at the southwest comer of Lot 6, Block F, Covengton Downe Subdivision, as shown on Map Book 79 at Page 37, Pitt County Public Registry, North 11 41'20" West, feet, more or less, to a delta point, thence, North '20" West, feet, more or less, to a point, cornering thence, North 86 17'01" East, feet, more or less, to a delta point, the Point of Beginning and the southwest comer of the portion of the Sanitary Sewer Easement to be abandoned, thence, North 86 17'01" East, feet, more or less, to a delta point, cornering thence, North 3 34'23" West, feet, more or less, to a delta point, the northeast comer of the portion of the Sanitary Sewer Easement to be abandoned, cornering thence, South 86 17'01" West, feet, more or less, to a delta point, the northwest comer of the portion Sanitary Sewer Easement to be abandoned, cornering thence, South 8 33'17" West, feet, more or less, to a delta point, the Point of Beginning, all as shown on that certain Final Subdivision Plat, Covengton Downe Subd., Lot 6, Block F, Greenville, Winterville Twp., PWSP Pitt County, NC, dated July 14, 2015, prepared by James L. Peacock, Professional Land Surveyor No. L-5141, Timmons Group, 5410 Trinity Road, Suite 112, Raleigh, NC 27607, Telephone No. (919) , Fax No. (919) , NC License No. C-1652, which appears of record in Map Book 79 at Page 37, Pitt County 1

2 Public Registry (recorded July 22, 2015 at 2:07 p.m.), which is marked Exhibit "A" and is attached hereto and made a part hereof, and further as shown on the diagram marked Exhibit "B" which is attached hereto and made a part hereof showing the general dimensions of the easement to be abandoned entitled "LIDL US Operations LLC Easement to be Abandoned Pitt Co., NC" dated 8/4/2016, to which reference is hereby made for clarification as to the portion of the Sanitary Sewer Easement to be abandoned. AND WHEREAS, Commission anticipates no use or need now or in the future for such portion of such thirty foot (30') wide sanitary sewer easement hereinafter described as to be abandoned; and WHEREAS, Commission desires to abandon such portion of such thirty foot (30') wide sanitary sewer easement previously granted; WHEREAS, the current owner of such property has requested the City of Greenville, North Carolina, and Greenville Utilities Commission to abandon such portion of such thirty foot (30') wide sanitary sewer easement and requests that the City Council of the City of Greenville, for the use and benefit of Greenville Utilities Commission, acknowledge such abandonment and release; and WHEREAS, Commission deems such abandonment to be reasonable and in the best interest of the Commission and all parties and therefore requests that the City Council of the City of Greenville, North Carolina, acknowledge such abandonment and release of such portion of such sanitary sewer easement thirty feet (30') in width, which is to be abandoned. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Greenville, North Carolina, in Regular Session held in the Council Chambers of City Hall of the City of Greenville, North Carolina, on the 8th day of September, 2016, as follows: 1. That the City Council of the City of Greenville does hereby abandon such portion of such thirty foot (30') wide sanitary sewer easement heretofore granted to the City of Greenville, for the use and benefit of Greenville Utilities Commission by Grant of Sewer Easement dated July 28, 1992 appearing of record in Book 378 at Page 289, Pitt County Public Registry, as shown on that certain plat appearing of record in Map Book 79 at Page 37, Pitt County Public Registry (Exhibit "A"), and as shown to be abandoned on that certain diagram entitled "LIDL US Operations LLC Easement to be Abandoned" which is marked Exhibit "B" and is attached hereto and made a part hereof, and to which reference is hereby made for a more particular and accurate description of the portion of such thirty foot (30') wide sanitary sewer easement; and 2. That the appropriate City Officials be and are hereby empowered to make, execute and deliver to LIDL US OPERATIONS, LLC, or the current owner of the subject property encumbered by such portion of such thirty foot (30') wide sanitary sewer easement to be abandoned, an instrument in a form suitable for recording to release whatever interests the City of Greenville, North Carolina, for the use and benefit of Greenville Utilities Commission, 2

3 might have in and to the portion of such thirty foot (30') wide sanitary sewer easement to be abandoned as hereinabove described. Adopted this the 8th day of September, Allen M. Thomas, Mayor ATTEST: 3

4 3ook79P~ 37 f'1~1of1 EXBIBtT "A" 4

5 Reference Map Book 79 Page 37 for additional surveyed descriptions 6... Vl...o-l"" ~ Dele Creeted: 8/ Oooclnn0< Ea...,.,to OlpiCtod on th mop ore lot iluatrllrve purpoaat only and mty not be ret.-d upon as an accutwte reprem:ntabon tor spatial il not a c:et1'*1 aurvey encl hm not Men rete,nco. - br 1 loul go,..nnent agency for tompl.onoe woth """ ICIPOUblt taod oo..~ r.gulaltom The -..co data,. lftntnced 11om Pet Co<mly Plant1lng ~-,,_ Ott of Th ""P Groe,.olltondGUC LIDL US Operations LLC Easement to be Abandoned Pitt Co., NC Created by: GDS Requested by: Clift Cehoon ~ "" Greenvtll_e Ulli~les PO Box 18o47 Greenv.lle. NC (252) Gtv«wllle FlU (252) UtUitW.S