ADDENDUM NUMBER 1 LINCOLN COUNTY AIRPORT SEWER
Transcription
ADDENDUM NUMBER 1 LINCOLN COUNTY AIRPORT SEWER
4340 Taggart Creek Road Suite H Charlotte, NC 28208 Tel: 704-676-0778 Fax: 704-676-0596 www.boyleconsulting.com August 5, 2011 VIA email ([email protected]) Mr. Kevin Laird, P.E. Goodwin Mills Cawood 18 West North Street Greenville, South Carolina 29601 Subject: Report of Limited Geotechnical Investigation Pump Station - Lincoln County Airport Sewer Extension 714 Jack Dellinger Drive Lincoln County, North Carolina BOYLE Proposal No. 10-083 Dear Mr. Laird: As authorized by acceptance of our Proposal No. 10-083 dated July 22, 2011, Boyle Consulting Engineers, PLLC (BOYLE) has performed a Geotechnical Investigation for the proposed pump station at the Lincoln County Airport in Lincoln County, North Carolina. This report describes the work performed, presents the data obtained, and provides our recommendations relative to pump station construction. This report is intended for the use of Goodwin Mills Cawood and Lincoln County. The contents of this report should not be relied upon by any other entity without the express written consent of BOYLE. Project Information The subject project is located at 714 Jack Dellinger Drive in Lincoln County, North Carolina. BOYLE has been provided with a location plan (Supplemental Drawing) dated July 18, 2011 for the pump station showing the lateral extent of the Pro Pump Station, its location and the requested location of the geotechnical boring. The primary purpose of the limited investigation was to explore the existing subsurface conditions at the proposed pump station location to identify subsurface conditions relevant to design and construction of the pump station. Figure 1 which is attached for reference Report Limited Geotechnical Investigation Pump Station - Lincoln County Airport Sewer Extension 714 Jack Dellinger Drive BOYLE Project No. 10-083 August 5, 2011 Final presents a “Geotechnical Boring Location” plan indicating the approximate boring location. No structural details for pump station have been provided at this time. The above project information is based on e-mail transmissions between Mr. Kevin Laird P.E. of Goodwyn Mills Cawood and our Mr. Chuck Boyle, P.E., an electronic Supplemental Drawing dated July 18, 2011, and our review of available aerial imagery. Purpose of Exploration The purpose of this investigation was to explore the soil and groundwater conditions at the site for proposed construction. We accomplished these objectives by the following: 1. drilling a soil test boring to a requested depth of 35 feet to explore the subsurface soil conditions and collect samples for laboratory examination and classification, 2. measuring groundwater depths during and after the boring is completed to document the site groundwater conditions, 3. performing an engineering/geological site reconnaissance to observe the site conditions and detect issues that may not have been detected by the boring, observed by the field personnel or indicated by published information, 4. performing a map records search of readily available geologic, topographic and soils information, 5. performing visual/manual examination of soil samples from the borings to evaluate pertinent engineering properties, and 6. analyzing the field data to develop appropriate engineering recommendations and estimate soil parameters for use by your civil and/or structural engineering team. Soil Test Boring As proposed, BOYLE advanced one (1) soil test boring at the approximate site location shown on the attached “Geotechnical Boring Location Plan” (Figure 1). The boring location was established in the field by BOYLE personnel based on the furnished Supplemental Drawing dated July 18, 2011. No survey equipment was used for the boring location, so the boring location shown on the “Geotechnical Boring Location Plan” should be considered approximate. Representative portions of the soil samples obtained were classified by an experienced geotechnical engineer in our laboratory. The “Soil Test Boring Record” is attached, showing the soil descriptions, penetration resistances, and other subgrade characteristics. Soil test borings are performed by mechanically twisting a continuous flight hollow-stem steel auger into the soil. Soil sampling and penetration testing are performed in general Page 2 Report Limited Geotechnical Investigation Pump Station - Lincoln County Airport Sewer Extension 714 Jack Dellinger Drive BOYLE Project No. 10-083 accordance with ASTM D-1586. August 5, 2011 Final At regular intervals, soil samples are obtained with a standard 1.4-inch I. D., 2-inch O. D., split-tube sampler. The sampler is first seated 6 inches to penetrate any loose cuttings, then driven an additional 12 inches with blows of a 140-pound hammer falling 30 inches. The number of hammer blows required to drive the sampler the final 12 inches is recorded and designated the “penetration resistance”. The penetration resistance, when properly evaluated, is an index to the soil's strength and foundation supporting capability. Laboratory Examination Representative soil samples were selected and tested in our laboratory to check field classifications and to determine pertinent engineering properties. An experienced soil engineer classified each soil sample on the basis of texture and plasticity in accordance with the Unified Soil Classification System (USCS). The soil engineer grouped the various soil types into the major strata noted on the “Soil Test Boring Record”. The stratification lines designating the interfaces between earth materials on the “Soil Test Boring Record” and the profile are approximate; in situ, the transitions may be gradual. Soil Characteristics and Groundwater Conditions Detailed information for the boring is shown on the attached “Soil Test Boring Record”. The descriptions below provide a general summary of the subsurface conditions encountered. At the boring location, minimal topsoil was encountered from the ground surface. Residual soils typically consisting of brown white silty sand and sandy silt were encountered to the boring termination depth of 35 feet. Standard Penetration blow counts (N-values) based on ASTM D-1586 ranged from 4 to 63 in the residual soils. Auger refusal was not encountered within the soil mantle. Ground water was encountered during drilling activities at a depth of 29 feet; after drilling was completed, the borehole caved at 15.8 feet, the approximate depth of encountering moist soil samples. Groundwater levels may fluctuate several feet with seasonal rainfall Page 3 Report Limited Geotechnical Investigation Pump Station - Lincoln County Airport Sewer Extension 714 Jack Dellinger Drive BOYLE Project No. 10-083 August 5, 2011 Final variations and with changes in the water level in adjacent drainage features. Longer term monitoring in cased holes or piezometers would be required for a more accurate evaluation of the groundwater conditions. Ground water control may reasonably be anticipated during construction if excavation more than 14 feet is planned at the pump station location. Site Construction Considerations Based on the results of our subsurface investigation, the residual soils encountered at the bore location would be considered suitable for direct bearing of a pump station concrete structure. A net allowable bearing strength of 3,000 psf should be used for foundation design. Any subgrade preparation should begin with stripping of topsoil, rootmat, unsuitable soils (none encountered at test location), or any other unsuitable materials from the proposed structural areas. Groundwater was encountered at 29 feet during drilling, and the borehole was caved at 15.8 feet after completion of drilling. Depending on the depth of the pump station, groundwater control during construction at the site may be required if excavation extends beyond about 14 feet. BOYLE should be contacted for recommendations if groundwater is encountered during construction. Based on our examination of the soils encountered, excavation to 35 feet may be accomplished with a toothed track hoe bucket and should not require blasting or heavy ripping equipment. The residual soils may be re-used as engineered fill if they are appropriately moistureconditioned during excavation. Any retaining walls to be designed using these materials should be based on material properties such as unit weight, percent fines and internal friction angles. Page 4 Report Limited Geotechnical Investigation Pump Station - Lincoln County Airport Sewer Extension 714 Jack Dellinger Drive BOYLE Project No. 10-083 August 5, 2011 Final Standard of Care Our evaluation of the subject site has been based on our current understanding of site conditions, project information provided to us, our observations, and data obtained from our limited investigation. If the project information is incorrect, or if project objectives are changed, please contact us so that our recommendations can be reviewed. In addition, BOYLE should be provided with full copies of grading/erosion control plans for review. The discovery of any site or subsurface condition during construction which deviate from data outlined in this report should be reported to us for our re-evaluation. The assessment of site environmental conditions or the presence of pollutants in the soil, rock and groundwater of the site was beyond the scope of this exploration. If this report is unclear or presents conflicting recommendations, BOYLE should be notified promptly. The analysis, conclusions, and recommendations submitted in this report are based on the data collected at the points shown on the attached “Geotechnical Boring Location Plan”. This report does not reflect specific variations that may occur between test locations. The borings were located where site conditions permitted and where it is believed representative conditions occur, but the full nature and extent of variations between borings and of subsurface conditions not encountered by any boring may not become evident until the course of construction. If significant variations become evident at any time before or during the course of construction, it will be necessary to make a re-evaluation of the conclusions and recommendations of this report and further exploration, observation, and/or testing may be required. This report has been prepared in accordance with generally accepted standard soil and foundation engineering practices and makes no other warranties, either expressed or implied, as to the professional advice under the terms of our agreement and included in this report. The recommendations contained herein are made with the understanding that the contract documents between the owner and foundation or earthwork contractor or between the owner and the general contractor and the foundation, excavating and earthwork subcontractors, if any, shall require that the contractor certify that all work in connection with foundations, piles, caissons, compacted fills and other elements of the foundation or other support components are in place at the locations, with proper dimensions and plumb, as shown on the plans and specifications for the project. Page 5 Report Limited Geotechnical Investigation Pump Station - Lincoln County Airport Sewer Extension 714 Jack Dellinger Drive BOYLE Project No. 10-083 August 5, 2011 Final Further, it is understood the contract documents will specify that the contractor will, upon becoming aware of apparent or latent subsurface conditions differing from those disclosed by the Subsurface Investigation work, promptly notify the owner, both verbally to permit immediate verification of the change, and in writing, as to the nature and extent of the differing conditions and that no claim by the contractor for any conditions differing from those anticipated in the plans and specifications and disclosed by the soil studies will be allowed under the contract unless the contractor has so notified the owner both verbally and in writing, as required above, of such changed conditions. The owner will, in turn, promptly notify this firm of the existence of such unanticipated conditions and will authorize such further investigation as may be required to properly evaluate these conditions. Further, it is understood that any specific recommendations made in this report as to on-site construction review by this firm will be authorized and funds and facilities for such review will be provided at the times recommended if we are to be held responsible for the design recommendations. Closing BOYLE appreciates the opportunity to provide our services on this project. Please contact us should you have a question regarding the information in this letter report. Sincerely, BOYLE CONSULTING ENGINEERS, PLLC Attachments: Figure 1 - Geotechnical Boring Location Plan Soil Test Boring Log Unified Soil Classification System Reference Notes for Soil Test Boring Records Page 6 BORING B-1 BOYLE CONSULTING ENGINEERS, PLLC Development & Construction Project Services Geotechnical Boring Location Plan Pump Station - Lincoln County Airport Sewer Ext. Ref: Goodwyn Mills Cawood Supplemental Drawing dated 7-18-11 with Aerial Photo provided 8-2-11. 714 Jack Dellinger Drive Lincoln County, North Carolina BOYLE Project No. 10-083 Date: 8/2/11 Drawn By: CB Scale: NTS Figure:1 SOIL TEST BORING RECORD 4340-H Taggart Creek Road Charlotte, NC 28208 Phone: (704) 676-0778 Fax: (704) 676-0596 BORING NO.: B-1 GSE: 0.0 (Cut)/Fill: 0 AT GRADE FG: 0.0 PROJECT INFORMATION DRILLING INFORMATION PROJECT: Pump Station-Lincoln Co. Airport DRILL RIG.: ATV 550X SITE LOCATION: Lincoln County, North Carolina DRILLING METHOD: Hollow-Stem Auger BOYLE JOB NO.: 10-083 SAMPLING METHODS: ASTM D-1586 DATE DRILLED: 8/2/2011 HAMMER WT./DROP 140 lb., 30 in. Description Depth Elevation N, Penetration - Blows per Foot (bpf) 1 Topsoil - 2 Inches RESIDUUM - dense to medium dense brown white orange silty fine SAND 0.0 0.3 0.0 -0.3 10 100 0 41 23 5 16 Stiff white brown sandy SILT 8.0 -8.0 14 10 Very loose brown white silty fine SAND (moist) 13.0 Dense to very dense brown white black silty fine SAND with weathered rock fragments 18.0 -13.0 15 4 -18.0 33 20 -with large weathered rock fragments at 23 feet 100 25 49 30 Boring terminated at 35 feet. Borehole caved and dry at 15.8 feet at completion of drilling. 35.0 -35.0 63 35 40 Groundwater Levels During Drilling After Drilling 29 feet dry Group Symbols Typical Names GW Well graded gravels, gravelsand mixtures, little or no fines GP Poorly graded gravels, gravelsand mixtures, little or no fines d GMa u Silty Gravels, gravel-sand-silt mixtures GC Clayey Gravels, gravel-sandclay mixtures SW Well-graded sands, gravelly sands, little or no fines SP Poorly graded sands, gravelly sands, little or no fines SMa d Silty sands, sand-silt mixtures u SC ML CL Clayey sands, sand-clay mixtures Laboratory Classification Criteria Determine percentages of sand and gravel from grain size curve Depending on the percentage of the fines (fraction smaller than No. 200 sieve size), Coarse grained soils are classified as follows: Less than 5% GW, GP, SW, SP More than 12% GM, GC, SM, SC 5 to 12% Borderline cases requiring dual symbolsb Sands with fines Clean Sands (Little or no fines) Gravels (More than half of coarse fraction is larger than No. 4 sieves size) Gravels with Clean Gravels fines (Little or no fines) Sands (More than half of coarse fraction is smaller than No. 4 sieve size) Highly Silts and Clays Silts and Clays Organic (Liquid Limit less than (Liquid Limit greater than 50) Soils 50) Fine-Grained Soils (More than half of material is smaller than No. 200 sieve) Coarse-Grained Soils (More than half of the material is larger than No. 200 sieve size) Major Divisions Cu=D60/D10 greater than 4 Cc= (D30)2/(D10 x D60) between 1 and 3 Not meeting all gradation requirements for GW Atterberg limits below “A” line or P.I. less than 4 Atterberg limits below “A” line with P.I. greater than 7 Above “A” line with P.I. between 4 and 7 are borderline cases requiring use of dual symbols Cu=D60/D10 greater than 6 Cc= (D30)2/(D10 x D60) between 1 and 3 Not meeting all gradation requirements for SW Atterberg limits below “A” line or P.I. less than 4 Atterberg limits below “A” line with P.I. greater than Limits plotting in hatched zone with P.I. between 4 and 7 are borderline cases requiring use of dual symbols Inorganic silts and very fine sands, rock flour, silty or clayey fine sands, or clayey silts with slight plasticity Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, lean clays OL Organic silts and organic silty clays of low plasticity MH Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts CH Inorganic clays of high plasticity, fat clays (i.e. Bull Tallow) OH Organic clays of medium to high plasticity, organic silts Pt Peat and other highly organic soils Reference: Winterkorn & Fang, 1975 (ASTM D-2487) a Division of GM and SM groups into subdivision of d and u are for road and airfields only. Subdivision is based on Atterberg limits; suffix d used when L.L. is 28 or less and the P.I. is 6 or less; the suffix u is used when L.L. is greater that 28. b Borderline classifications, used for soils possessing characteristics of two groups, are designated by combinations of group symbols. For example: GW-GC, well-graded gravel-sand mixture with clay binder. Unified Soil Classification System REFERENCE NOTES FOR SOIL TEST BORING RECORDS I. Drilling and Sampling Symbols: SS: ST: RC: NQ: PM: DC: REC: Split Spoon Sampler Shelby Tube Sampler Rock Core; NX, BX, AX Rock Core, 2-1/16” Diameter Pressuremeter Dutch Cone Penetrometer Recovery of Core Run (%) GSE: PG: BS: PA: HSA: WS: RQD: Ground Surface Elevation Proposed Grade Bulk Sample of Cuttings Power Auger (no sample) Hollow Stem Auger Wash Sample Rock Quality of Core Run Standard Penetration (Blows/Ft) refers to the blows per foot of a 140 lb hammer falling 30 inches on a 2 inch O.D. split spoon sample, as specified in ASTM D-1586. The blow count is commonly referred to as the N value. Autohammer refers to an automatic hammer as opposed to the manual “Cathead” and rope type. Core Drilling meets ASTM D-2113 II. Correlation of Penetration Resistances to Soil Properties: Relative Density of Cohesionless Soils SPT-N Relative Density 0-4 Very Loose 5 - 10 Loose 11 - 30 Medium Dense 31 - 50 Dense 51 or more Very Dense III. Unified Soil Classification Symbols: GP: GW: GM: GC: SP: SW: SM: SC: IV. Consistency of Cohesive Soils SPT-N Consistency 0-1 Very Soft 2-4 Soft 5-8 Medium Stiff 9 - 15 Stiff 16 – 30 Very Stiff 31 or more Hard Poorly Graded Gravel Well Graded Gravel Silty Gravel Clayey Gravel Poorly Graded Sands Well Graded Sands Silty Sands Clayey Sands ML: MH: CL: CH: OL: OH: CL-ML: Low Plasticity Silts High Plasticity Silts Low Plasticity Clays High Plasticity Clays Low Plasticity Organics High Plasticity Organics Dual Classification (Typical) Water Level Measurement Symbols: WL: Water Level WL: While Sampling WD: While Drilling DCD: Dry Caved Depth WCD: Wet Caved Depth The water levels are those water levels actually measured in the borehole at the times indicated by the symbol. The measurements are relatively reliable when augering, without adding fluids, in a granular soil. In clays and plastic silts, the accurate determination of water levels may require several days for the water level to stabilize. In such cases, additional methods of measurement are generally applied. J:\Data\Administrative\Forms & templates\Report Forms\SOIL CLASSIFICATION.doc STATE OF NORTH CAROLINA COUNTY OF LINCOLN PROJECT NO: Airport Sewer Project PARCEL ID NUMBER: 01986 EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made this the ____ day of March, 2012, by and between WILLIAM HEAFNER and wife, DEBRA HEAFNER (hereinafter referred to as GRANTOR) and the COUNTY OF LINCOLN, North Carolina (hereafter referred to as GRANTEE). The designation GRANTOR and GRANTEE, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by the context. WITNESSETH: WHEREAS, said GRANTOR owns a certain tract of land (“tract”) in the COUNTY OF LINCOLN, North Carolina, the same being the land conveyed to GRANTOR, by deed recorded in Book 2200, Page 648, in the office of the Register of Deeds of LINCOLN COUNTY; and WHEREAS, GRANTOR has agreed to convey to GRANTEE an easement as more described in Exhibit “A” pursuant to the terms and conditions hereunder; Said GRANTOR, in consideration of ______________________ Dollars ($_________), to be paid by the COUNTY OF LINCOLN, the GRANTOR, has bargained and sold, and by these presents does bargain, sell, and convey to said GRANTEE and its successors the right of use, for the purpose of laying, constructing, and maintaining a sewer line(s) in that certain strip or parcel of land fifteen (15) feet in width, in or near the COUNTY OF LINCOLN and State of North Carolina, described as follows: *Also, Temporary Construction Easement consisting of _____ square feet. The GRANTEE will install a six inch (6”) sewer line in the easement area on the property as described above. See Exhibit “A” attached hereto and incorporated herein by reference. GRANTOR understands and agrees that the consideration amount covers and includes all improvements located within the easement area or areas unless stated otherwise. GRANTEE shall have such right of ingress, egress, and regress over and upon any lands of the GRANTOR adjacent to or in the vicinity of the easement areas as may be necessary for the purposes of locating, laying, constructing, reconstructing, and inspecting, operating, extending, maintaining, and otherwise keeping over and in good repair the sewer line(s), for which the easement is granted. If adequate access is not provided by established means of approach, the GRANTOR shall be compensated for any damage resulting at any time from the exercise of the right of ingress, egress, and regress hereby granted. In the event of disagreement at any time as to the amount of any such damage, one arbitrator shall be selected by the GRANTOR, one by the GRANTEE, and a third, if necessary, by the two so selected, and that the decision in writing of two of said arbitrators shall be final and binding upon the parties hereto. It is further understood that the GRANTOR shall erect no permanent structure of any kind over or across the Easement. For purposes of this Easement, permanent structure includes, but is not limited to: buildings, tennis courts, swimming pools, outbuildings, and fences. Neither may water be ponded or impounded over or across said Easement. GRANTOR does have the right to pave over the easement and create an access to highways surrounding the property. GRANTEE shall be responsible for repairing such pavement should it be necessary to remove it for maintenance of the said sewer line. GRANTEE shall also be responsible for any environmental clean-up deemed required as a result of products or processes used in the sewer line construction, operation or maintenance of the easement. TO HAVE AND TO HOLD the land hereinbefore described unto the GRANTEE, its successors and assigns, for the aforesaid uses and purposes and none other. IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. OWNER: ____________________________________________ (SEAL) ____________________________________________ (SEAL) STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, George Clifford Massengale, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify that _________________________________ and __________________________ (collectively, the “Signatory”) personally appeared before me this day and acknowledged the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2012. NOTARY PUBLIC: _________________________________ George Clifford Massengale F:\wpdata\wldeaton\WDEATON\Lincoln County\Sewer Easements 2011-2012\Parcels 1-7\Parcel 3, William & Debra Heafner, PIN #01986\Easement Agreement.docx EXHIBIT “A” PERMANENT UTILITY EASEMENT BEGINNING at a point north of the right-of-way of NC Highway #27 & #150, said point being located North 22º 03' 57" West 5.26 feet from a PK nail in the southwestern corner of property now or formerly owned by Gerald Sain (Book 559, at Page 94), and proceeding thence from said Beginning point, South 66º 15' 30" West 16.13 feet to a point; thence North 23º 44' 30" West 52.95 feet to a point; thence North 21º 44' 30" West 12.78 feet to a point; thence North 59º 30' 02" East 4.03 feet to a point; thence North 30º 29' 58" West 26.17 feet to a point; thence North 21º 44' 30" West 61.86 feet to a point; thence North 32º 59' 30" West 56.18 feet to a point; thence North 34º 59' 30" West 115.50 feet to a point; thence North 32º 50' 12" West 98.70 feet to a point; thence North 30º 44' 15" West 190.29 feet to a point; thence North 25º 45' 22" West 43.36 feet to a point in the eastern margin of the right-of-way of Buffalo Shoals Road; thence North 32º 57' 37" East 8.78 feet to a point in the centerline of the easement; thence North 32º 57' 37" East 2.25 feet to a point in the eastern margin of the right-of-way of Buffalo Shoals Road and in the line of property now or formerly owned by David L. Ross (Book 715, Page 227); thence South 33º 31' 23" East 41.28 feet to a point; thence South 25º 45' 22" East 7.53 feet to a point; thence South 30º 44' 15" East 189.37 feet to a point; thence South 32º 50' 12" East 98.15 feet to a point; thence South 34º 59' 30" East 115.48 feet to a point; thence South 32º 59' 30" East 57.91 feet to a point; thence South 21º 44' 30" East 102.33 feet to a point; thence South 23º 44' 30" East 37.69 feet to a point; thence South 66º 15' 30" West 1.57 feet to a point; thence South 22º 03' 57" East 7.50 feet to a point in the centerline of the easement; thence South 22º 03' 57" East 7.50 feet to the point of Beginning, and being a strip approximately fifteen feet wide centered on and extending outward from a centerline running the following courses and distances: South 66º 15' 30" West 8.85 feet to a point; thence North 23º 44' 30" West 45.32 feet to a point; thence North 21º 44' 30' West 101.72 feet to a point; thence North 32º 59' 30" West 57.04 feet to a point; thence North 34º 59' 30" West 115.49 feet to a point; thence North 32º 50' 12" West 98.42 feet to a point; thence North 30º 44' 15" West 189.83 feet to a point; thence North 25º 45' 22" West 47.59 feet to a point in the eastern margin of the right-of-way of Buffalo Shoals Road, as shown on a plat prepared by Dedmon Surveys, dated November 15, 2012, and captioned, “William & Debra Heafner, Utility Easement Drawing, PIN 3643-37-2967, Project Parcel #3B, Parcel ID #01986.” THERE IS ALSO CONVEYED HEREBY A TEMPORARY CONSTRUCTION EASEMENT thirty-five (35) feet in width, centered on and extending outward from the centerline set forth hereinabove. STATE OF NORTH CAROLINA COUNTY OF LINCOLN PARCEL: 42 PROJECT NO: Airport Sewer Project PARCEL ID NUMBER: 28095 EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made this the ____ day of _________, 2013, by and between LISA F. VAUGHN and spouse David F. Vaughn and SHARON J. FINGER and spouse ________________, (hereinafter referred to as GRANTOR) and the COUNTY OF LINCOLN, North Carolina (hereafter referred to as GRANTEE). The designation GRANTOR and GRANTEE, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by the context. WITNESSETH: WHEREAS, said GRANTOR owns a certain tract of land (“tract”) in the COUNTY OF LINCOLN, North Carolina, the same being the land conveyed to GRANTOR, by deed recorded in Book 1088, Page 320, in the office of the Register of Deeds of LINCOLN COUNTY; and WHEREAS, GRANTEE requires an easement across such tract in order to construct, operate and maintain a sewer line; Therefore, GRANTOR has agreed to convey to GRANTEE an easement as more fully described in Exhibit “A” and depicted in Exhibit “B” pursuant to the terms and conditions set forth herein.. Said GRANTOR, in consideration of ______________________ Dollars ($_________), to be paid by the COUNTY OF LINCOLN, has bargained and sold, and by these presents does bargain, sell, and convey to said GRANTEE and its successors the right of use, for the sole purpose of laying, constructing, and maintaining a six inch (6”) sewer line (“Sewer Line Easement”) in that certain strip or parcel of land which is fifteen (15) feet wide, the center line for which extends approximately 25.44 feet southwest of the center line of NC Highway 27, in or near the COUNTY OF LINCOLN and State of North Carolina as more fully described and depicted in Exhibits “A” and “B” attached hereto and incorporated herein by reference and a Temporary Construction Easement in that certain strip or parcel of land extending 10 feet on either side of the Sewer Line Easement described above —to the extent Grantor owns the real property located therein--as more fully described and depicted in Exhibits “A” and “B” attached hereto and incorporated herein by reference. The Temporary Construction Easement shall not exceed an area of 9,248 square feet (excluding the amount of the permanent Sewer Line Easement), shall become effective immediately and shall expire on the earlier to occur of (1) forty-five (45) days after construction is initiated on the Sewer Line Easement or (2) April 30, 2014. In no event shall GRANTEE, its contractors, subcontractors, employees, agents, or successors and assigns use such Sewer Line Easement or Temporary Construction Easement for storage of vehicles, equipment, or other materials. GRANTOR understands and agrees that the consideration amount covers and includes all trees, shrubs, and bushes located within the Sewer Line Easement unless stated otherwise. Provided, however, all trees which Grantee is entitled to cut from the Sewer Line Easement shall, upon such cutting, become the property of Grantee and removed from the premises. GRANTEE shall promptly restore the Sewer Line Easement and Temporary Construction Easement to their original condition absent such tress, bushes, and shrubs. GRANTEE shall have such right of ingress, egress, and regress over and upon any lands of the GRANTOR located between the paved roadway and the Sewer Line Easement at reasonable times and for reasonable durations for the purposes of locating, laying, constructing, reconstructing, and inspecting, operating, maintaining, and otherwise keeping over and in good repair the sewer line(s), for which the easement is granted. If adequate access to GRANTOR’s property is not provided by established means of approach, the GRANTOR shall be compensated for any damage of whatsoever kind or nature resulting at any time from the exercise of the right of ingress, egress, and regress hereby granted. In the event of disagreement at any time as to the amount or nature of compensation or other relief to be provided to GRANTOR for any damages caused by GRANTEE, its contractors, subcontractors, employees, agents, or successors and assigns , GRANTOR may demand arbitration of the issues in dispute by filing with GRANTEE and the American Arbitration Association (“AAA”) a written notice of such demand for arbitration. Upon receipt of such notice, GRANTEE shall immediately submit to the AAA the required filing fee. Unless otherwise agreed by the parties, one arbitrator shall be selected by the GRANTOR, one by the GRANTEE, and a third by the two so selected. Such selections shall be made from the AAA panel of neutrals. The arbitration panel shall render its decision in writing. Such decision shall set forth findings of fact, conclusions of law, ruling, and award. The decision of two of said arbitrators shall be final and binding upon the parties hereto. The arbitration shall be conducted in accordance with the rules of the AAA then currently in effect unless the parties agree otherwise. All costs, fees, and expenses associated with such arbitration shall be paid by GRANTEE. It is further understood that the GRANTOR shall erect no permanent structure of any kind over or across the Easement. For purposes of this Easement, permanent structure includes, but is not limited to: buildings, tennis courts, swimming pools, outbuildings, and fences. Neither may GRANTOR erect structures designed to pond or impound water over or across said Easement. GRANTOR does have the right to pave over the easement and to create access to highways surrounding the property. GRANTEE shall be responsible for repairing such pavement should it be necessary to remove it for maintenance of the said sewer line. GRANTEE shall also be responsible for any environmental clean-up or remediation GRANTOR deems required as a result of products or processes used in the sewer line construction, operation or maintenance or as a result of any other activities of GRANTEE, its contractors, subcontractors, employees, agents, or successors and assigns . TO HAVE AND TO HOLD the land hereinbefore described unto the GRANTEE, its successors and assigns, for the aforesaid uses and purposes and none other. IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. OWNER: ____________________________________________ (SEAL) LISA F. VAUGHN ____________________________________________ (SEAL) DAVID F. VAUGHN ____________________________________________ (SEAL) SHARON J. FINGER ____________________________________________(SEAL) ,Spouse STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, _________________________, a Notary Public of _____________________ County, State of North Carolina, do hereby certify that LISA F. VAUGHN and spouse, DAVID F. VAUGHN (collectively, the “Signatory”) personally appeared before me this day and acknowledged the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2013. NOTARY PUBLIC: _________________________________ _____________________________ STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, _________________________, a Notary Public of ______________________ County, State of North Carolina, do hereby certify that SHARON J. FINGER and spouse,__________________________ (collectively, the “Signatory”) personally appeared before me this day and acknowledged the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2013. NOTARY PUBLIC: _________________________________ ______________ EXHIBIT “A” BEGINNING at an axle in the southwestern portion of the right-of-way of NC Highway #27, said axle being located South 50º 26' 43" West 17.94 feet from a point in the paved roadway of NC Highway #27 which point in the paved roadway is the northernmost corner of property now or formerly owned by Sharon Finger (Book 1150, at Page 422); and proceeding thence from said Beginning point, South 50º 26' 43" West 7.50 feet to a point in the centerline of the easement; thence South 50º 26' 43" West 2.87 feet to an axle in the northwestern line of Finger; thence North 39º 40' 46" West 556.11 feet to a point in the southeastern line of property now or formerly owned by David Dodd (Book 1951, at Page 689), said point being located North 37º 06' 16" East 3.86 feet from a T Post; thence North 37º 06' 16" East 7.70 feet to a point in the centerline of the easement; thence North 37º 06' 16" East 5.10 feet to a point, the easternmost corner of Dodd in the southwestern portion of the right-of-way of NC Highway #27; thence South 39º 53' 44" East 181.50 feet to a point in the southwestern portion of the right-of-way of NC Highway #27; thence South 39º 40' 46" East 376.84 feet to the point of Beginning, and being a strip approximately fifteen feet wide centered on and extending outward from a centerline running the following courses and distances: North 39º 40' 46" West 557.89 feet, as shown on a plat prepared by Dedmon Surveys, dated March 25, 2012, and captioned, “Lisa Vaughn, Utility Easement Drawing, Parcel ID #28095, Project Parcel #42.” THERE IS ALSO CONVEYED HEREBY A TEMPORARY CONSTRUCTION EASEMENT thirty-five (35) feet in width, centered on and extending outward from the centerline set forth hereinabove. STATE OF NORTH CAROLINA COUNTY OF LINCOLN PROJECT NO: Airport Sewer Project PARCEL ID NUMBER: 76911 EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made this the ____ day of _________, 2013, by and between SHARON J. FINGER and spouse _____________________ (hereinafter referred to as GRANTOR) and the COUNTY OF LINCOLN, North Carolina (hereafter referred to as GRANTEE). The designation GRANTOR and GRANTEE, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by the context. WITNESSETH: WHEREAS, said GRANTOR owns a certain tract of land (“tract”) in the COUNTY OF LINCOLN, North Carolina, the same being the land conveyed to GRANTOR, by deed recorded in Book 1150, Page 422, in the office of the Register of Deeds of LINCOLN COUNTY; and WHEREAS, GRANTEE requires an easement across such tract in order to construct, operate and maintain a sewer line; Therefore, GRANTOR has agreed to convey to GRANTEE an easement as more fully described in Exhibit “A” and depicted in Exhibit “B” pursuant to the terms and conditions set forth herein. Said GRANTOR, in consideration of ______________________ Dollars ($_________), to be paid by the COUNTY OF LINCOLN, has bargained and sold, and by these presents does bargain, sell, and convey to said GRANTEE and its successors the right of use, for the sole purpose of laying, constructing, and maintaining a six inch (6”) sewer line (“Sewer Line Easement”) in that certain strip or parcel of land which is approximately three (3) feet wide, extending southwest of the western edge of the right of way of NC Highway 27, in or near the COUNTY OF LINCOLN and State of North Carolina as more fully described and depicted in Exhibits “A” and “B” attached hereto and incorporated herein by reference and a Temporary Construction Easement in that certain strip or parcel of land extending approximately 13 feet Southwest from the center line of NC Highway 27 as more fully described and depicted in Exhibits “A” and “B” attached hereto and incorporated herein by reference. The Temporary Construction Easement shall not exceed an area of 1,049 square feet (excluding the amount of the permanent Sewer Line Easement). It shall become effective immediately and shall expire on the earlier to occur of (1) forty-five (45) days after construction is initiated on the Sewer Line Easement or (2) April 30, 2014. In no event shall GRANTEE, its contractors, subcontractors, employees, agents, or successors and assigns use such Sewer Line Easement or Temporary Construction Easement for storage of vehicles, equipment, or other materials. GRANTOR understands and agrees that the consideration amount covers and includes all trees, shrubs, and bushes located within the Sewer Line Easement unless stated otherwise. Provided, however, all trees which Grantee is entitled to cut from the Sewer Line Easement shall, upon such cutting, become the property of Grantee and removed from the premises. GRANTEE shall promptly restore the Sewer Line Easement and Temporary Construction Easement to their original condition absent such tress, bushes, and shrubs. GRANTEE shall have such right of ingress, egress, and regress over and upon any lands of the GRANTOR located between the paved roadway and the Sewer Line Easement at reasonable times and for reasonable durations for the purposes of locating, laying, constructing, reconstructing, and inspecting, operating, maintaining, and otherwise keeping over and in good repair the sewer line(s), for which the easement is granted. If adequate access to GRANTOR’s property is not provided by established means of approach, the GRANTOR shall be compensated for any damage of whatsoever kind or nature resulting at any time from the exercise of the right of ingress, egress, and regress hereby granted. In the event of disagreement at any time as to the amount or nature of compensation or other relief to be provided to GRANTOR for any damages caused by GRANTEE, its contractors, subcontractors, employees, agents, or successors and assigns , GRANTOR may demand arbitration of the issues in dispute by filing with GRANTEE and the American Arbitration Association (“AAA”) a written notice of such demand for arbitration. Upon receipt of such notice, GRANTEE shall immediately submit to the AAA the required filing fee. Unless otherwise agreed by the parties, one arbitrator shall be selected by the GRANTOR, one by the GRANTEE, and a third by the two so selected. Such selections shall be made from the AAA panel of neutrals. The arbitration panel shall render its decision in writing. Such decision shall set forth findings of fact, conclusions of law, ruling, and award. The decision of two of said arbitrators shall be final and binding upon the parties hereto. The arbitration shall be conducted in accordance with the rules of the AAA then currently in effect unless the parties agree otherwise. All costs, fees, and expenses associated with such arbitration shall be paid by GRANTEE. It is further understood that the GRANTOR shall erect no permanent structure of any kind over or across the Easement. For purposes of this Easement, permanent structure includes, but is not limited to: buildings, tennis courts, swimming pools, outbuildings, and fences. Neither may GRANTOR erect structures designed to pond or impound water over or across said Easement. GRANTOR does have the right to pave over the easement and to create access to highways surrounding the property. GRANTEE shall be responsible for repairing such pavement should it be necessary to remove it for maintenance of the said sewer line. GRANTEE shall also be responsible for any environmental clean-up or remediation GRANTOR deems required as a result of products or processes used in the sewer line construction, operation or maintenance or as a result of any other activities of GRANTEE, its contractors, subcontractors, employees, agents, or successors and assigns . TO HAVE AND TO HOLD the land hereinbefore described unto the GRANTEE, its successors and assigns, for the aforesaid uses and purposes and none other. IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. OWNER: ____________________________________________ (SEAL) Sharon J. Finger ____________________________________________(SEAL) ________________________, spouse STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, ____________________________, a Notary Public of __________________ County, State of North Carolina, do hereby certify that Sharon J. Finger and spouse, _______________ (collectively, the “Signatory”) personally appeared before me this day and acknowledged the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2013. NOTARY PUBLIC: _________________________________ _______________________ EXHIBIT “A” PERMANENT UTILITY EASEMENT BEGINNING at an axle in the southwestern margin of the right-of-way of NC Highway #27, said axle being located South 50° 17' 20" East 4.46 feet from a point in the centerline of the easement and in the northwestern line of property now or formerly owned by Kathleen Eynard (Book 1801, at Page 469), and proceeding thence from said Beginning point, South 50° 17' 20" West 3.04 feet to a point in the line of Eynard; thence North 39° 40' 46" West 104.30 feet to a point in the southeastern line of property now or formerly owned by Lisa Vaughn (Book 1088, at Page 320); thence with the line of Vaughn, North 50° 26' 43" East 2.87 feet to an axle in the southwestern margin of the right-of-way of NC Highway #27; thence with the southwestern margin of the right-of-way of NC Highway #27, South 39° 46' 14" East 104.29 feet to the point of Beginning, and being a strip approximately fifteen feet wide centered on and extending outward from a centerline running the following courses and distances: North 39° 40' 46" West 104.28 feet, as shown on a plat prepared by Dedmon Surveys, dated March 25, 2012, and captioned, “Sharon Finger & Kathleen Eynard, Utility Easement Drawing, Parcel ID #76911, Project Parcel #43, Parcel ID #23650, Project Parcel #44.” THERE IS ALSO CONVEYED HEREBY A TEMPORARY CONSTRUCTION EASEMENT thirty-five (35) feet in width, centered on and extending outward from the centerline set forth hereinabove. STATE OF NORTH CAROLINA COUNTY OF LINCOLN PROJECT NO: Airport Sewer Project PARCEL ID NUMBER: 56947 EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made this the ____ day of _________, 2012, by and between STEVE DOLLY, JR. as trustee for LLOYD A. STROUPE (hereinafter referred to as GRANTOR) and the COUNTY OF LINCOLN, North Carolina (hereafter referred to as GRANTEE). The designation GRANTOR and GRANTEE, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by the context. WITNESSETH: WHEREAS, said GRANTOR owns a certain tract of land (“tract”) in the COUNTY OF LINCOLN, North Carolina, the same being the land conveyed to GRANTOR, by deed recorded in Book 2170, Page 190, in the office of the Register of Deeds of LINCOLN COUNTY; and WHEREAS, GRANTOR has agreed to convey to GRANTEE an easement as more described in Exhibit “A” pursuant to the terms and conditions hereunder; Said GRANTOR, in consideration of ______________________ Dollars ($_________), to be paid by the COUNTY OF LINCOLN, the GRANTOR, has bargained and sold, and by these presents does bargain, sell, and convey to said GRANTEE and its successors the right of use, for the purpose of laying, constructing, and maintaining a sewer line(s) in that certain strip or parcel of land fifteen (15) feet in width, in or near the COUNTY OF LINCOLN and State of North Carolina, described as follows: *Also, Temporary Construction Easement consisting of _____ square feet. The GRANTEE will install a six inch (6”) sewer line in the easement area on the property as described above. See Exhibit “A” attached hereto and incorporated herein by reference. GRANTOR understands and agrees that the consideration amount covers and includes all improvements located within the easement area or areas unless stated otherwise. GRANTEE shall have such right of ingress, egress, and regress over and upon any lands of the GRANTOR adjacent to or in the vicinity of the easement areas as may be necessary for the purposes of locating, laying, constructing, reconstructing, and inspecting, operating, extending, maintaining, and otherwise keeping over and in good repair the sewer line(s), for which the easement is granted. If adequate access is not provided by established means of approach, the GRANTOR shall be compensated for any damage resulting at any time from the exercise of the right of ingress, egress, and regress hereby granted. In the event of disagreement at any time as to the amount of any such damage, one arbitrator shall be selected by the GRANTOR, one by the GRANTEE, and a third, if necessary, by the two so selected, and that the decision in writing of two of said arbitrators shall be final and binding upon the parties hereto. It is further understood that the GRANTOR shall erect no permanent structure of any kind over or across the Easement. For purposes of this Easement, permanent structure includes, but is not limited to: buildings, tennis courts, swimming pools, outbuildings, and fences. Neither may water be ponded or impounded over or across said Easement. GRANTOR does have the right to pave over the easement and create an access to highways surrounding the property. GRANTEE shall be responsible for repairing such pavement should it be necessary to remove it for maintenance of the said sewer line. GRANTEE shall also be responsible for any environmental clean-up deemed required as a result of products or processes used in the sewer line construction, operation or maintenance of the easement. TO HAVE AND TO HOLD the land hereinbefore described unto the GRANTEE, its successors and assigns, for the aforesaid uses and purposes and none other. IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. OWNER: ____________________________________________ (SEAL) STEVE DOLLY, JR ____________________________________________ (SEAL) LLOYD A. STROUPE STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, George Clifford Massengale, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify that _________________________________ and __________________________ (collectively, the “Signatory”) personally appeared before me this day and acknowledged the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2012. NOTARY PUBLIC: _________________________________ George Clifford Massengale EXHIBIT "A" PERMANENT UTILITY EASEMENT BEGINNING at an point in the southwestern portion of the right-of-way of NC Highway #27 and in the northwestern line of property now or formerly owned by Steve Dolley Jr. Trust (Book 2113, at Page 255), said point being located South 50º 26' 43" West 18.87 feet from a point in the centerline of NC Highway #27 (said point being the northern corner of Steve Dolley Jr. Trust), and proceeding thence from said Beginning point, South 50º 26' 43' West 7.50 feet to a point in the centerline of the easement and in the northwestern line of Steve Dolley Jr. Trust; thence South 50º 26' 43" West 4.23 feet to a #4 pin in the southwestern margin of the right-of-way of NC Highway #27 and in the northwestern line of Steve Dolley Jr. Trust; thence South 50º 26' 43" West 3.27 feet to a point in the northwestern line of Steve Dolley Jr. Trust; thence North 39º 56' 18" West 105.78 feet to a point in the southeastern line of property now or formerly owned by Jerry Marlow (Book 2180, at Page 342); thence with the southeastern line of Marlow, North 50º 55' 59" East 4.32 feet to a square pin in the southeastern line of Marlow and in the southwestern margin of the right-of-way of NC Highway #27; thence continuing with the line of Marlow, North 50º 14' 52" East 10.68 feet to a point in the southwestern portion of the right-of-way of NC Highway #27, said point being located South 50º 26' 43" West 19.07 from a point in the centerline of NC Highway #27, the easternmost corner of Marlow; thence South 39º 56' 168" East 105.78 feet to the point of Beginning, and being a strip approximately fifteen feet wide centered on and extending outward from a centerline running the following courses and distances: North 39º 56' 18" West 105.78 feet, as shown on a plat prepared by Dedmon Surveys, dated April 19, 2012, and captioned, “Jerry Marlow & Lloyd A. Stroupe Trust, Utility Easement Drawing, Parcel ID #53079, Project Parcel #49, Parcel ID #56947, Project Parcel #50.” THERE IS ALSO CONVEYED HEREBY A TEMPORARY CONSTRUCTION EASEMENT thirty-five (35) feet in width, centered on and extending outward from the centerline set forth hereinabove. STATE OF NORTH CAROLINA COUNTY OF LINCOLN PROJECT NO: Airport Sewer Project PARCEL ID NUMBER: 56946 EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made this the ____ day of _________, 2012, by and between STEVE DOLLEY, JR., Trustee (hereinafter referred to as GRANTOR) and the COUNTY OF LINCOLN, North Carolina (hereafter referred to as GRANTEE). The designation GRANTOR and GRANTEE, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by the context. WITNESSETH: WHEREAS, said GRANTOR owns a certain tract of land (“tract”) in the COUNTY OF LINCOLN, North Carolina, the same being the land conveyed to GRANTOR, by deed recorded in Book 2213, Page 255, in the office of the Register of Deeds of LINCOLN COUNTY; and WHEREAS, GRANTOR has agreed to convey to GRANTEE an easement as more described in Exhibit “A” pursuant to the terms and conditions hereunder; Said GRANTOR, in consideration of ______________________ Dollars ($_________), to be paid by the COUNTY OF LINCOLN, the GRANTOR, has bargained and sold, and by these presents does bargain, sell, and convey to said GRANTEE and its successors the right of use, for the purpose of laying, constructing, and maintaining a sewer line(s) in that certain strip or parcel of land fifteen (15) feet in width, in or near the COUNTY OF LINCOLN and State of North Carolina, described as follows: *Also, Temporary Construction Easement consisting of _____ square feet. The GRANTEE will install a six inch (6”) sewer line in the easement area on the property as described above. See Exhibit “A” attached hereto and incorporated herein by reference. GRANTOR understands and agrees that the consideration amount covers and includes all improvements located within the easement area or areas unless stated otherwise. GRANTEE shall have such right of ingress, egress, and regress over and upon any lands of the GRANTOR adjacent to or in the vicinity of the easement areas as may be necessary for the purposes of locating, laying, constructing, reconstructing, and inspecting, operating, extending, maintaining, and otherwise keeping over and in good repair the sewer line(s), for which the easement is granted. If adequate access is not provided by established means of approach, the GRANTOR shall be compensated for any damage resulting at any time from the exercise of the right of ingress, egress, and regress hereby granted. In the event of disagreement at any time as to the amount of any such damage, one arbitrator shall be selected by the GRANTOR, one by the GRANTEE, and a third, if necessary, by the two so selected, and that the decision in writing of two of said arbitrators shall be final and binding upon the parties hereto. It is further understood that the GRANTOR shall erect no permanent structure of any kind over or across the Easement. For purposes of this Easement, permanent structure includes, but is not limited to: buildings, tennis courts, swimming pools, outbuildings, and fences. Neither may water be ponded or impounded over or across said Easement. GRANTOR does have the right to pave over the easement and create an access to highways surrounding the property. GRANTEE shall be responsible for repairing such pavement should it be necessary to remove it for maintenance of the said sewer line. GRANTEE shall also be responsible for any environmental clean-up deemed required as a result of products or processes used in the sewer line construction, operation or maintenance of the easement. TO HAVE AND TO HOLD the land hereinbefore described unto the GRANTEE, its successors and assigns, for the aforesaid uses and purposes and none other. IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. OWNER: ____________________________________________ (SEAL) STEVE DOLLEY, JR., Trustee STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, George Clifford Massengale, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify that _________________________________ (collectively, the “Signatory”) personally appeared before me this day and acknowledged the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2012. NOTARY PUBLIC: _________________________________ George Clifford Massengale EXHIBIT "A" PERMANENT UTILITY EASEMENT BEGINNING at an point in the southwestern portion of the right-of-way of NC Highway #27 and in the centerline of Range Road, said point being located South 55º 19' 52" West 18.40 feet from a point in the centerline of NC Highway #27, and proceeding thence from said Beginning point with the centerline of Range Road, South 55º 19' 52" West 7.53 feet to a point in the centerline of the easement and in the centerline of Range Road; thence South 55º 19' 52" West 7.53 feet to a point in the centerline of Range Road; thence North 39º 56' 18" West 179.44 feet to a point in the southeastern line of property now or formerly owned by Lloyd A. Stroupe Trust (Book 2170, at Page 190); thence North 50º 26' 43" East 3.27 feet to a #4 pin in the southwestern margin of the right-of-way of NC Highway #27 and in the line of Lloyd A. Stroupe Trust; thence North 50º 26' 43" East 4.23 feet to a point in the centerline of the easement and in the line of Lloyd A. Stroupe Trust; thence North 50º 26' 43" East 7.50 feet to a point in the southwestern portion of the right-of-way of NC Highway #27 and in the southeastern line of Lloyd A. Stroupe Trust, said point being located South 50º 26' 43" West 18.87 feet from a point in the centerline of NC Highway #27, the northernmost corner of property now or formerly owned by Steve Dolley Jr. Trust (Book 2213, at Page 255); thence South 39º 56' 18" East 180.73 feet to the point of Beginning, and being a strip approximately fifteen feet wide centered on and extending outward from a centerline running the following courses and distances: North 39º 56' 18" West 180.08 feet, as shown on a plat prepared by Dedmon Surveys, dated May 1, 2012, and captioned, “Steve Dolley, Jr. Trust, Utility Easement Drawing, Parcel ID #56946, Project Parcel #51.” THERE IS ALSO CONVEYED HEREBY A TEMPORARY CONSTRUCTION EASEMENT thirty-five (35) feet in width, centered on and extending outward from the centerline set forth hereinabove. STATE OF NORTH CAROLINA COUNTY OF LINCOLN PROJECT NO: Airport Sewer Project PARCEL ID NUMBER: 953935 EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made this the ____ day of _________, 2012, by and between Russell Pressly and Bennie L. Pressly, Co-Trustees of the Ruby J. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006; and Jeffrey R. Walker and Clyde J. Walker, Co-Trustees of the William T. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006 (hereinafter referred to as GRANTOR) and the COUNTY OF LINCOLN, North Carolina (hereafter referred to as GRANTEE). The designation GRANTOR and GRANTEE, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by the context. WITNESSETH: WHEREAS, said GRANTOR owns a certain tract of land (“tract”) in the COUNTY OF LINCOLN, North Carolina, the same being the land conveyed to GRANTOR, by deed recorded in Book 2213, Page 255, in the office of the Register of Deeds of LINCOLN COUNTY; and WHEREAS, GRANTOR has agreed to convey to GRANTEE an easement as more described in Exhibit “A” pursuant to the terms and conditions hereunder; Said GRANTOR, in consideration of ______________________ Dollars ($_________), to be paid by the COUNTY OF LINCOLN, the GRANTOR, has bargained and sold, and by these presents does bargain, sell, and convey to said GRANTEE and its successors the right of use, for the purpose of laying, constructing, and maintaining a sewer line(s) in that certain strip or parcel of land fifteen (15) feet in width, in or near the COUNTY OF LINCOLN and State of North Carolina, described as follows: *Also, Temporary Construction Easement consisting of _____ square feet. The GRANTEE will install a six inch (6”) sewer line in the easement area on the property as described above. See Exhibit “A” attached hereto and incorporated herein by reference. GRANTOR understands and agrees that the consideration amount covers and includes all improvements located within the easement area or areas unless stated otherwise. GRANTEE shall have such right of ingress, egress, and regress over and upon any lands of the GRANTOR adjacent to or in the vicinity of the easement areas as may be necessary for the purposes of locating, laying, constructing, reconstructing, and inspecting, operating, extending, maintaining, and otherwise keeping over and in good repair the sewer line(s), for which the easement is granted. If adequate access is not provided by established means of approach, the GRANTOR shall be compensated for any damage resulting at any time from the exercise of the right of ingress, egress, and regress hereby granted. In the event of disagreement at any time as to the amount of any such damage, one arbitrator shall be selected by the GRANTOR, one by the GRANTEE, and a third, if necessary, by the two so selected, and that the decision in writing of two of said arbitrators shall be final and binding upon the parties hereto. It is further understood that the GRANTOR shall erect no permanent structure of any kind over or across the Easement. For purposes of this Easement, permanent structure includes, but is not limited to: buildings, tennis courts, swimming pools, outbuildings, and fences. Neither may water be ponded or impounded over or across said Easement. GRANTOR does have the right to pave over the easement and create an access to highways surrounding the property. GRANTEE shall be responsible for repairing such pavement should it be necessary to remove it for maintenance of the said sewer line. GRANTEE shall also be responsible for any environmental clean-up deemed required as a result of products or processes used in the sewer line construction, operation or maintenance of the easement. TO HAVE AND TO HOLD the land hereinbefore described unto the GRANTEE, its successors and assigns, for the aforesaid uses and purposes and none other. IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. OWNER: ____________________________________________ (SEAL) Russell Pressly Co-Trustee of the Ruby J. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006 ____________________________________________ (SEAL) Bennie L. Pressly Co-Trustee of the Ruby J. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006 ____________________________________________ (SEAL) Jeffrey R. Walker Co-Trustees of the William T. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006 ____________________________________________ (SEAL) Clyde J. Walker Co-Trustees of the William T. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006 STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, George Clifford Massengale, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify that Russell Pressly (collectively, the “Signatory”) personally appeared before me this day and acknowledged that he is the Co-Trustee of the Ruby J. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006, and acknowledged, on behalf of said Trust, the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2012. NOTARY PUBLIC: _________________________________ George Clifford Massengale STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, George Clifford Massengale, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify that Bennie L. Pressly (collectively, the “Signatory”) personally appeared before me this day and acknowledged that he is the Co-Trustee of the Ruby J. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006, and acknowledged, on behalf of said Trust, the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2012. NOTARY PUBLIC: _________________________________ George Clifford Massengale STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, George Clifford Massengale, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify that Jeffrey R. Walker (collectively, the “Signatory”) personally appeared before me this day and acknowledged that he is the Co-Trustee of the William T. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006, and acknowledged, on behalf of said Trust, the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2012. NOTARY PUBLIC: _________________________________ George Clifford Massengale STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, George Clifford Massengale, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify that Clyde J. Walker (collectively, the “Signatory”) personally appeared before me this day and acknowledged that he is the Co-Trustee of the William T. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006, and acknowledged, on behalf of said Trust, the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2012. NOTARY PUBLIC: _________________________________ George Clifford Massengale EXHIBIT "A" PERMANENT UTILITY EASEMENT BEGINNING at an axle in the southwestern portion of the right-of-way of NC Highway #27, the northernmost corner of property now or formerly owned by William T. Walker First Amended Trust (Book 2170, at Page 112), and proceeding thence from said Beginning point, South 29º 38' 14" West 7.65 feet to a point in the western line of William T. Walker First Amended Trust; thence North 39º 43' 40" West 86.19 feet to a point; thence North 39º 56' 18" West 262.88 feet to a point in the centerline of Range Road; thence North 55º 19' 52" East 7.53 feet to a spike in the centerline of Range Road and in the centerline of the easement, and in the southwestern portion of the right-of-way of NC Highway #27; thence South 39º 42' 35" East 184.17 feet to a point in the southern portion of the right-of-way of NC Highway #27; thence South 29º 42' 35" East 161.48 feet to the point of Beginning, and being a strip approximately fifteen feet wide centered on and extending outward from a centerline running the following courses and distances: North 39º 42' 35" West 161.48 feet, thence North 39º 42' 35" West 184.17 feet, as shown on a plat prepared by Dedmon Surveys, dated May 10, 2012, and captioned, “Ruby J. Walker First Amended Trust, Utility Easement Drawing, Parcel ID #953935, Project Parcel #52.” THERE IS ALSO CONVEYED HEREBY A TEMPORARY CONSTRUCTION EASEMENT thirty-five (35) feet in width, centered on and extending outward from the centerline set forth hereinabove. STATE OF NORTH CAROLINA COUNTY OF LINCOLN PROJECT NO: Airport Sewer Project PARCEL ID NUMBER: 27071 EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made this the ____ day of July, 2012, by and between Jeffrey R. Walker and Clyde J. Walker, Co-Trustees of the William T. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006; and Russell Pressly and Bennie L. Pressly, Co-Trustees of the Ruby J. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006, (hereinafter referred to collectively as GRANTOR) and the COUNTY OF LINCOLN, North Carolina (hereafter referred to as GRANTEE). The designation GRANTOR and GRANTEE, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by the context. WITNESSETH: WHEREAS, said GRANTOR owns a certain tract of land (“tract”) in the COUNTY OF LINCOLN, North Carolina, the same being the land conveyed to GRANTOR, by deed recorded in Book 2170, Page 112, in the office of the Register of Deeds of LINCOLN COUNTY; and WHEREAS, GRANTOR has agreed to convey to GRANTEE an easement as more specifically described in Exhibit “A” pursuant to the terms and conditions hereunder; Said GRANTOR, in consideration of ______________________ Dollars ($_________), to be paid by the COUNTY OF LINCOLN, the GRANTOR, has bargained and sold, and by these presents does bargain, sell, and convey to said GRANTEE and its successors the right of use, for the purpose of laying, constructing, and maintaining a sewer line(s) in that certain strip or parcel of land fifteen (15) feet in width, in or near the COUNTY OF LINCOLN and State of North Carolina, described as follows: The GRANTEE will install a six inch (6”) sewer line in the easement area on the property as described above. See Exhibit “A” attached hereto and incorporated herein by reference. GRANTOR understands and agrees that the consideration amount covers and includes all improvements located within the easement area or areas unless stated otherwise. GRANTEE shall have such right of ingress, egress, and regress over and upon any lands of the GRANTOR adjacent to or in the vicinity of the easement areas as may be necessary for the purposes of locating, laying, constructing, reconstructing, and inspecting, operating, extending, maintaining, and otherwise keeping over and in good repair the sewer line(s), for which the easement is granted. If adequate access is not provided by established means of approach, the GRANTOR shall be compensated for any damage resulting at any time from the exercise of the right of ingress, egress, and regress hereby granted. In the event of disagreement at any time as to the amount of any such damage, one arbitrator shall be selected by the GRANTOR, one by the GRANTEE, and a third, if necessary, by the two so selected, and that the decision in writing of two of said arbitrators shall be final and binding upon the parties hereto. It is further understood that the GRANTOR shall erect no permanent structure of any kind over or across the Easement. For purposes of this Easement, permanent structure includes, but is not limited to: buildings, tennis courts, swimming pools, outbuildings, and fences. Neither may water be ponded or impounded over or across said Easement. GRANTOR does have the right to pave over the easement and create an access to highways surrounding the property. GRANTEE shall be responsible for repairing such pavement should it be necessary to remove it for maintenance of the said sewer line. GRANTEE shall also be responsible for any environmental clean-up deemed required as a result of products or processes used in the sewer line construction, operation or maintenance of the easement. TO HAVE AND TO HOLD the land hereinbefore described unto the GRANTEE, its successors and assigns, for the aforesaid uses and purposes and none other. IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. OWNER: ____________________________________________ (SEAL) Jeffrey R. Walker, Co-Trustee of the William T. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006 ____________________________________________ (SEAL) Claude J. Walker, Co-Trustee of the William T. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006 ____________________________________________ (SEAL) Russell Pressly, Co-Trustee of the Ruby J. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006 ____________________________________________ (SEAL) Bennie L. Pressly, Co-Trustee of the Ruby J. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006 STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, George Clifford Massengale, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify that Jeffrey R. Walker (collectively, the “Signatory”) personally appeared before me this day and acknowledged that he is Co-Trustee of the William T. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006, and acknowledged, on behalf of said Trust, the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2012. NOTARY PUBLIC: _________________________________ George Clifford Massengale STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, George Clifford Massengale, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify that Claude J. Walker (collectively, the “Signatory”) personally appeared before me this day and acknowledged that he is Co-Trustee of the William T. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006, and acknowledged, on behalf of said Trust, the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2012. NOTARY PUBLIC: _________________________________ George Clifford Massengale STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, George Clifford Massengale, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify that Russell Pressly (collectively, the “Signatory”) personally appeared before me this day and acknowledged that he is Co-Trustee of the Ruby J. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006, and acknowledged, on behalf of said Trust, the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2012. NOTARY PUBLIC: _________________________________ George Clifford Massengale STATE OF NORTH CAROLINA COUNTY OF LINCOLN I, George Clifford Massengale, a Notary Public of Mecklenburg County, State of North Carolina, do hereby certify that Bennie L. Pressly (collectively, the “Signatory”) personally appeared before me this day and acknowledged that he is Co-Trustee of the Ruby J. Walker First Amended and Restated Trust Agreement U/A/D December 18, 2006, and acknowledged, on behalf of said Trust, the execution of the foregoing instrument. I certify that Signatory personally appeared before me this day, and ____ ____ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory’s identity, by a current state or federal identification with the Signatory’s photograph in in the form of: ____ a driver’s license or ____ in the form of __________________ or ____ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that each voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. WITNESS my hand and official stamp or seal ____ day of ___________, 2012. NOTARY PUBLIC: _________________________________ George Clifford Massengale EXHIBIT “A” BEGINNING at a point in the southwestern portion of the right-of-way of NC Highway #27, the northernmost corner of property now or formerly owned by David Moss (Book 2170, at Page 112), and proceeding thence from said Beginning point with the western line of Moss, South 19º 03' 36" West 4.06 feet to a point in the line of Moss; thence North 39º 43' 40" West 199.88 feet to a point in the southeastern line of property now or formerly owned by Ruby Walker Trust (Book 2170, at Page 112); thence North 29º 38' 14" East 7.65 feet to an axle in the centerline of the easement and in the southwestern portion of the right-of-way of NC Highway #27; thence South 38º 40' 21" East 200.50 feet to the point of Beginning, and being a strip approximately fifteen feet wide centered on and extending outward from a centerline running the following courses and distances: North 39º 43' 40" West 200.47 feet, as shown on a plat prepared by Dedmon Surveys, dated May 16, 2012, and captioned, “William T. Walker First Amended Trust, Utility Easement Drawing, Parcel ID #27071, Project Parcel #53.” THERE IS ALSO CONVEYED HEREBY A TEMPORARY CONSTRUCTION EASEMENT thirty-five (35) feet in width, centered on and extending outward from the centerline set forth hereinabove.