AG 2002 01 28 (Regular) - Laserfiche WebLink

Home Browse Search

I ! I I I I I I I I I I I I I i I I 81/21/2882 16:25 784-788-8858 HARTSELL & WHITE PAGE 87 STAT~ OF NORTH CAKOL~A COUNTY OF CABARKUS DEED OF EASEMENT AND RESTRICTIVE COVENANT TH'iS DEED OF EASEMENT ("Basomcnt") is made thi, ~ day of September, 2001, by ERJOLA 550 KINDE~CK, LLC, a Delaware limited liabilffy company, and ROBERT W. BURK~TT (together, "Grantor"), to CABA.RRUS COUNTY, a body politic and political subdivision of the State of'North Carolina ("County"). STATEMENT OF PUtLPOSE By deed dated March 22, 2001 md recorded in Book 3159, Page 61 of the Cabarms County Registry, Orantor deeded 78.92 acres of real property, a portion of the property to be known as The Villages at Moss Creek subdivision, to County for the purpose of constructing two (2) public schools. The parties now wish to create a thirty foot (30') wide buffer easement on the remaining property of Grantor adjokfing the northwestern boundary of the prop-~y conveyed to County in order to screen noise and views between the school and the subdivision property, all as more particularly ~et forth h~re~. AGREEI~NT FOR AND IN CONSIDERATION OF the mutual covenants, warranties and promises herein and for other good and valuable considerztl.on, the receipt s:nd sufficiency of which ~.~ hereby acknowledged, and intending to be legally bound hereby, Grantor does hereby give, grant and convey to County, its successors and assigns, upon the terms and conditions herein, a perpetual, apPurt,nant, non-exclusive buffer easement benefiting the School Property (as defined below) Md burdening the Grantor's Property (as defined below) for the purpose of creating a buffer betwem, the property of Grantor and the schools to be built on the property of County. The real property of Grantor is located in Cabarms County, North Carolina, and known as Cabarrus County tax parcel 4681-15-6340, and described in deed book 3159, page 58, Cabarrus County Registry C'Orantor's Property"). Thc real property of County is located in Cabarrus County, North Carolina, and known as Cabarrus Comity tax parcel 4681-15-7264, and described in deed book 3159, page 61, Cabarrus County Registry (''School Property"). 1. Buffer Easement. Grantor hereby grant~ to County a thirty foot (30') wide perpetual, appurtenant, non-excludve easement ('~asemont") for the pm-pose of thc installation and maintenance of a landscaped buffer of planted bushes, trees and like material between the residential use planned for Grantor's Property and the School Property. The Easement shall be thirty feet (30') in width and shall run parallel with and adjacent to the northwestern border of the School Property adjacent to Grantor's Property, beginning at the joint comer of Grantor and County in the Rocky River and extending N 50-25-12 E 1657.33 feet ("Easement Area"). J&B 8/28/01 2:27 PM rlra~m by and m~il ~: Zachary M. Moritz, Esq. J&B Developra, at sad Managcmmh Inc. ~ 179 Davidson Highway Concord, N.C. 28027