MEETING TYPE: Board of Commissioners - Regular. MEETING DATE: 23 May STAFF RESPONSIBLE: Matt Hubert. DEPARTMENT: Development Services Department

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MEETING TYPE: Board of Commissioners - Regular MEETING DATE: 23 May 2017 STAFF RESPONSIBLE: Matt Hubert DEPARTMENT: Development Services Department DESCRIPTION Approval of Easement Agreement To

1 MEETING TYPE: Board of Commissioners - Regular MEETING DATE: 23 May 2017 STAFF RESPONSIBLE: Matt Hubert DEPARTMENT: Development Services Department DESCRIPTION Approval of Easement Agreement To approve the Easement made by and between the Town of Waxhaw and Piedmont Natural Gas for Utility Service to 116 W. North Main Street. An easement across Town Parcel # B; to permit gas service at 116 W. North Main Street (formerly Mama Lena's).

2 GRANT OF EASEMENT DISTRIBUTION Return Recorded Document to: Sandy Ogint Administrator Property Records Piedmont Natural Gas Company, Inc Piedmont Row Drive Charlotte, NC PROJECT NO.: COUNTY OF _Union Portion of Parcel # B THIS GRANT OF EASEMENT made this day of, 20, from (hereinafter designated as GRANTOR ), to PIEDMONT NATURAL GAS COMPANY, INC., (hereinafter designated as GRANTEE ). WITNESSETH That GRANTOR, for and in consideration of the sum of ONE Dollars ($ 1.00 ), and other valuable consideration, the receipt of which is hereby acknowledged, hereby expressly bargains, sells, and grants unto GRANTEE, its successors and assigns, a perpetual right of way and easement for the purpose of laying, constructing, maintaining, operating, inspecting, repairing, altering, adding to, replacing, removing, and protecting pipelines for the transportation of natural gas under, through, and across the land of GRANTOR (or in which GRANTOR has interest) situated in the Waxhaw Township, Union County, North Carolina, as described in deed(s) recorded in Book 5693, Page 326, Office of the Register of Deeds for Union County, North Carolina ( Property ). The right of way herein granted is (5) feet wide, extending two and one half (2½) feet on each side of the centerline of the pipeline, the location of which has been mutually agreed upon between GRANTOR and GRANTEE and in the approximate location as set forth on the map attached hereto and incorporated herein at Exhibit A. The Parties acknowledge and agree that there are existing utility lines on the Property as depicted on Exhibit A. Upon GRANTEE s written approval, which shall not be unreasonably withheld, GRANTOR may permit other utilities to cross the right of way and easement. GRANTEE shall have the free and full right of ingress and egress over and across the aforesaid Property and to keep said right of way cleared of trees, shrubs, buildings, structures, and other obstructions that interfere with GRANTEE s use thereof. GRANTOR shall not construct, nor permit to be constructed, any house, structure, or other obstruction on or over said right of way but may otherwise pave or improve the alleyway containing the right of way; provided, however, GRANTOR shall notify GRANTEE at least ten (10) days prior to performing such work and permit an employee or contractor of GRANTEE to be present while such work is being performed. GRANTOR shall also arrange for the marking of all utilities and underground facilities prior to beginning such work. GRANTOR hereby binds GRANTOR and GRANTOR S heirs, representatives, successors, and assigns to warrant and forever defend all and singular said premises unto GRANTEE, its successors and assigns, against the claims of all persons whomsoever. GRANTEE will lay its pipeline at sufficient depth under the surface of the ground so as not to interfere with the right of way area for an alleyway for vehicular traffic. Any actual damage to the GRANTOR s Property primarily caused by GRANTEE in the course of constructing, rebuilding, using, maintaining, altering, upgrading, relocating or repairing said lines shall be borne by GRANTEE. GRANTEE further agrees to indemnify and save harmless GRANTOR from all damages and claims that may arise from GRANTEE s negligent acts or omissions or willful misconduct in its use of the Easement. ALL activities undertaken by GRANTEE in the right of way area or any portion of GRANTOR s Property shall be performed in a manner to: (a) minimize interference with GRANTOR s use of the right of way area and GRANTOR s Property and (b) protect the safety of GRANTOR s employees, invitees and guests. GRANTEE covenants and agrees that it shall, after any construction, maintenance, inspection or repair done within the right of way area(s), repair any disturbed areas of GRANTOR s Property, to the extent reasonably practicable, to the same condition as existed before such construction, maintenance, inspection or repair was performed. To have and to hold said right of way and easement unto GRANTEE, its successors and assigns, perpetually and continuously. GRANTOR expressly gives GRANTEE, its successors and assigns, the right to assign, license, lease, or otherwise transfer this GRANT OF EASEMENT or any rights given herein, to any affiliated parent or subsidiary entity of PNGLand004.rev1211 Page 1 of 3

3 GRANTEE, for the uses and purposes expressly stated herein. Except as provided for herein, GRANTEE shall not otherwise apportion, assign, license or lease this GRANT OF EASEMENT to any third party without GRANTOR S prior written consent, which shall not be unreasonably withheld, delayed or conditioned. IN WITNESS WHEREOF, this GRANT OF EASEMENT has been signed and sealed by a duly authorized officer of GRANTOR and GRANTEE, as of the date first above written. CORPORATION: TOWN OF WAXHAW, NC By: Sign Print Title: PIEDMONT NATURAL GAS COMPANY, INC. BY: SIGN PRINT TITLE: COUNTY OF I,, a Notary Public of County, North Carolina, do hereby certify that, personally appeared before me this day and acknowledged that he (she) is the Town Manager of Waxhaw, North Carolina, a North Carolina municipal corporation, and being authorized to do so, executed the foregoing GRANT OF EASEMENT on behalf of the municipality. (SEAL) Notary Public Print Name My commission expires: COUNTY OF I,, a Notary Public of County, North Carolina, do hereby certify that, personally appeared before me this day and acknowledged that he (she) is the of Piedmont Natural Gas Company, Inc., a North Carolina corporation, and being authorized to do so, executed the foregoing GRANT OF EASEMENT on behalf of the corporation. (SEAL) Notary Public Print Name My commission expires: PNGLand004.rev1211 Page 2 of 3

4 PNGLand004.rev1211 Page 3 of 3

5 Proposed Gas Main PID B

UTILITY EASEMENT WITNESSETH. WHEREAS, Grantee desires to install a storm water line through the Easement Property; and

UTILITY EASEMENT WITNESSETH. WHEREAS, Grantee desires to install a storm water line through the Easement Property; and UTILITY EASEMENT THIS INDENTURE, made and entered into this 12 th day of March, 2013, by and between the SCHOOL BOARD OF BREVARD COUNTY, FLORIDA, hereinafter called "GRANTOR", whose post office address