Recorded Easement - 20062111110.1111113 IM 11 HI Oil HI II II
FOR REGISTRATION REGISTER OF DEEDS
REBECCA P. SMITH
NEW HANOVER COUNTY, NC 2006 APR 18 10:29:04 AM
BK:5007 PG:2909-2918 FEE:$38,00
INSILIENT 2@O60/1233
Prepared by and returned to:
12,0 3 - Mark S. Hartman 4-)00 cog
Helms Mulliss ct Wicker, PLLC a_0"29.--) bü
127 Grace Street
Wilmington, North Carolina 28401
STATE OF NORTH CAROLINA
EASEMENT RELOCATION AGREEMENT COUNTY OF NEW HANOVER
THIS EASEMENT RELOCATION AGREEMENT (this "Agreement") is made and entered as of the fc2, day of April, 2006, by and between PORTER'S POINTE, LLC, a North Carolina limited liability company ("Porter's Pointe), and HERBERT EARNEST PARHAM, an unmarried individual resident of New Hanover County, North Carolina ("Parham"). -.500 Pc.,(-aer- (\12.eiccI
1/1/43¡ f1t RECITALS:
A. Porter's Pointe is the fee simple owner of certain real property located in New Hanover County, North Carolina and more particularly described on Exhibit A, attached hereto and incorporated herein (the "Porter's Pointe Property");
B. Parham is the fee simple owner of certain real property located in New Hanover County, North Carolina and more particularly described in Exhibit B, attached hereto and incorporated herein (the "Parham Property");
C. The Parham Property does not abut a public right of way, so the Parham Property is currently benefited by a fifty (50) foot access and utility easement over and across the Porter's Pointe Property between Porters Neck Road and the Parham Property in the area shown on the map attached hereto as Exhibit C and incorporated herein (the "Old Easement");
E. The Old Easement was established and described in those certain Warranty Deeds recorded in Book 4621, at Page 568 in the New Hanover County Registry, and in Book 4621, at Page 572 in the New Hanover County Registry;
F. Porter's Pointe plans to develop the Porter's Pointe Property for residential purposes and, in doing so, will be constructing /certain roadways through the Porter's Pointe Property as generally shown on the site plan attached hereto as Exhibit D and incorporated herein;
G. In connection with the anticipated development of the Porter's Pointe Property, Porter's
Pointe has requested, and Parham has agreed, to relocate the Old Easement to the new location generally
shown on Exhibit E attached hereto and incorporated herein (the "New Easement"); and
H. The parties hereto have executed this Agreement to terminate the Old Easement and to
set forth their understanding with respect to the New Easement.
NOW, THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows:
1. Termination of the Old Easement. The Old Easement is hereby terminated, released,
null, void and of no further force or effect and, except as otherwise expressly set forth herein with respect
to the New Easement, Parham does hereby release, remise and forever quitclaim unto Porter's Pointe, any
and all interest of Parham in and to the Porter's Pointe Property, for Porter's Pointe to have and to hold
said property, free and clear of any and all right, title, interest or claim of Parham other than the New
Easement.
2. Creation of the New Easement. Subject to the terms and conditions set forth herein,
Porter's Pointe does hereby grant, transfer and convey unto Parham, a perpetual and non-exclusive right and easement over, upon and across the New Easement for underground utilities and pedestrian and
vehicular ingress, egress and regress between the Parham Property and Porters Neck Road. The New Easement and the exact location thereof shall be shown on the recorded subdivision maps of the Porter's Pointe Property.
3. Cooperation During Construction. During construction of the New Easement, the parties hereto shall cooperate with each other with respect to the transition of Parham's access from the Old Easement to the New Easement. Prior to construction of the New Easement, Porter's Pointe shall not obstruct the Old Easement or otherwise interfere with Parham's ingress and egress thereon; provided, however, that Porter's Pointe may provide a temporary alternate route to the Parham Property if both the
New Easement and the Old Easement need to be obstructed at the same time for purposes of developing the Porter's Pointe Property.
4. Obstructions. Parham (and Parham's guests, licensees, invitees, agents, employees and any other persons using the New Easement under Parham's rights granted in this Agreement) shall not obstruct any portion of the New Easement, including without limitation, by the parking of vehicles or other items within the New Easement, or make any other use of the New Easement which would violate any applicable laws, constitute a nuisance or unreasonably interfere with the free flow of traffic. Porter's Pointe shall have the right to construct reasonable speed and traffic control devices in the New Easement, including without limitation, speed bumps, speed limit signs, stop signs, yield signs and traffic signs.
5. Relocation. Porter's Pointe shall have the right to relocate the New Easement from time to time to a new location on the Porter's Pointe Property; provided, however, that Porter's Pointe shall be solely responsible for the relocation of the New Easement and any and all utilities contained therein and provided further that Porter's Pointe shall take reasonable efforts to minimize any disruption caused by such relocation.
6. Indemnification. Parham agrees to indemnify, defend and hold Porter's Pointe harmless from and against any and all loss, cost, damage and expense (including attorneys' fees) arising from, out
of or in connection with Parham's use (or the use by Parham's guests, licensees, invitees, agents, employees and any other persons) of the New Easement or any other activities in connection with the New Easement or the Porter's Pointe Property.
C777652.1. 2
7. Binding Effect and Enforcement. The rights and easements contained herein are
covenants running with the land, and they shall continue in full force and effect until modified or terminated by a written agreement signed by all parties then holding fee simple title to the Porter's Pointe
Property and the Parham Property. This Agreement shall be binding upon and shall inure to the benefit of
the parties hereto and respective heirs, successors and assigns. Accordingly, the terms "Porter's Pointe"
and "Parham", as used herein, shall mean and refer to such parties and their respective heirs, successors and assigns. The terms and conditions of this Agreement shall be enforceable by both of the parties
hereto at law and in equity, including without limitation, by specific performance and injunctive relief.
8. Entire Agreement. This Agreement contains the entire understanding between the parties hereto with regard to the subject matter hereof and supersedes any prior negotiations, understandings or
oral agreements between them respecting the subject matter of this Agreement.
9. Severabilitv. If any trim, covenant or condition of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and should in no way be affected or invalidated thereby.
10. No Waiver. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed as a waiver of any such provisions, or of the right of any party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.
ii. Headings. The headings of this Agreement are for convenience of reference only and shall not limit or otherwise affect the terms or provisions hereof.
12. Rights of Third Parties. The easements hereby established are private easements, and nothing herein shall be construed to create easements in favor of the general public or constitute an offer of public dedication.
13. Governing Law. This Agreement shall be construed and interpreted in accordance with the internal laws and judicial decisions of the State of North Carolina, without reference to conflict of laws principles.
14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same document. The signature of any party to any counterpart shall be deemed a signature, and may be appended to any other counterpart.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
C777652.1 3
IN WITNESS WHEREOF, the parties Porter's Pointe and Parham have executed this Agreement
as of the day and year first above mentioned.
PORTER'S POINTE:
PORTER'S POINTE, LLC, a North Carolina
limited liability company
By: STRATAS MANAGEMENT
COMPANY, a North arolinordi,
corporation, M
.
‘aalr' -.-77' A. S k • 4
By:
PARHAM:
President
#1/E' erbert Earnest Parham
01„,./04-F62
STATE OF NORTH CAROLINA
COUNTY OFe?)vvuiv,ly,A Lk-
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the
capacity indicated: BYRON A. STRATAS.
Date:
My commission expires: I 15 \ tX
(OFFICIAL SEAL)
STATE OF NORTH CAROLINA
COUNTY OF AN i-ktrwAxi/-
4E1 'PT iodc454‘ 7reut4.1 u, Notary Public
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:'.+dVARY F. :4,0 : .
4( P eiVN
#4° $40 • ******* • ..,A‘ i%
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tool -I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the
capacity indicated: HERBERT EARNEST PARHAM
Date: Ap 8-00
My commission expires: 0-d-8
(OFFICIAL SEAL)
eici
iCT-0 ia STril-c441q-n , Notary Public
C7776521 4
VICTORIA M. STRACHAN Notary Public New Hanover County, NC
EXHIBIT A
The Porter's Pointe Property
All of the property described in that certain Warranty Deed from Herbert Ernest Parham to Pelagic Properties, Inc., dated December 29, 2004 and recorded in Book 4621, at Page 572 in the Office of the
Register of Deeds of New Hanover County, North Carolina;
All of the property described in that certain Warranty Deed from Jerne B. Jenkins f/k/a Jerrie B. Parham and husband, Evans Mitchell Jenkins to Pelagic Properties, Inc., dated August 26, 2003 and recorded in
Book 3978, at Page 851 in the Office of the Register of Deeds of New Hanover County, North Carolina less all of the property described in that certain Warranty Deed from Pelagic Properties, Inc. to Herbert Ernest Parham, dated December 22, 2004 and recorded in Book 4621, at Page 568 in the Office of the Register of Deeds of New Hanover County, North Carolina; and
All of the property described in that certain Drainage and Utility Easement from Herbert Ernest Parham to Pelagic Properties, Inc., dated December 29, 2004 and recorded in Book 4621, at Page 576 in the Office of the Register of Deeds of New Hanover County, North Carolina.
EXHIBIT B
The Parham Property
All of Tracts B and C as shown on that certain Map of Division for Jenkins v. Parham - 00 CVD 4238,
dated February 22, 2003, prepared by Mark A. Stocks (L-3658) of Stocks Land Surveying, P.C. and
recorded in Map Book 44, at Page 147 in the Office of the Register of Deeds of New Hanover County,
North Carolina less (a) all of the property described in that certain Warranty Deed from Herbert
Ernest Parham to Pelagic Properties, Inc., dated December 29, 2004 and recorded in Book 4621, at Page
572 in the Office of the Register of Deeds of New Hanover County, North Carolina; and (b) all of the
property described in that certain Drainage and Utility Easement from Herbert Ernest Parham to Pelagic
Properties, Inc., dated December 29, 2004 and recorded in Book 4621, at Page 576 in the Office of the
Register of Deeds of New Hanover County, North Carolina; and
All of the property described in that certain Warranty Deed from Pelagic Properties, Inc. to Herbert Ernest
Parham, dated December 22, 2004 and recorded in Book 4621, at Page 568 in the Office of the Register
of Deeds of New Hanover County, North Carolina.
1330 £ 92.07
N 390`.54" E 539.97'
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OAK RIDGE
DB. 4056 PG. 885
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EXHIBIT C
Parham Property
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LS.
1.S • S 39'4009' W 160,00'
N 5079'51" W 150.00
N 47•33`554 2a 03 N 4733.55" W 25.
•
S 394009- W 48.09
LS. TO CRAIG STEVENS 7.79 Ac,
OldEasement
LAMER DS. 2668 PG. 118
EL
TAMCC 08. 988 PG. 269
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S 0130'22- W 2.48'
— S 39•443'00' W 490.01'
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.S 3940'09. W
25
Porter's Pointe Propert
55' W
TRACT A-1 LEE 44 PG 147
24.30 ACRES TOTAL
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VERNMENT AGENCY FOR COMPLIANCE
ANY APPLICABLE LAND DEVELOPMENT
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GOVERNMENT AGENCY FOR COMPLIANCE •
WITH ANY APPLICA.3LE LAND DEVELOPMENT
REGULATIONS
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124115
REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 04/18/2006 10:29:04 AM
Book: RE 5007 Page: 2909-2918
Document No.: 2006021233
ESMNT 10 PGS $38.00
Recorder: SCOTT, NANCY A
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2006021233*
2006021233
Record of Poor Quality Due To
Condition of Original Document
G.S. 161-14