BOOK PAGE 2073 0937 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF EASEMENTS This Declaration of Easements is made and established as of this 14th day of Angust, 1996, by JOHN F. OWENS, JR. and wife, ALMA F. OWENS (hereinafter referred to as “Declarants").
WITNESSETH: WHEREAS, the Declarants are the owners of two parcels of adjacent real property located on Bradley Creek Point Road, Bradley Creek Point Sub-Division, Harnest Township, New Hanover County, North Carolina; and WHEREAS, the Declarants desire to establish certain easements for the benefit of one of the parcels of real property, which easements are for the use and benefit of the owners of the said real property, and their successors and assigns.
NOW, THEREFORE, for and in consideration of the foregoing and other valuable consideration, the Declarants, for themselves, their successors, their successors in title and assigns, hereby declare, establish, grant, convey, impose and provide as follows: 1.
meanings: 000076 DEFINITIONS: As used herein the following terms shall have the following (a) Parcel No. 1: 20,158 square feet of real property located on Bradley Creek Point Road, Bradley Creek Point Sub-Division, Harnett Township, New Hanover County, North Carolina. A plot plan of the said property marked as Exhibit A, is attached hereto and incorporated herein by reference.
(b) Parcel No. 2: 20,468 square feet of real property located adjacent to Parcel No.
1 located on Bradley Creek Point Road, Bradley Creek Point Sub-Division, Harnett Township, New Hanover County, North Carolina. A plot plan of the said property marked as Exhibit A, is attached hereto and incorporated herein by reference.
2.
ACCESS EASEMENT: Declarants impose on Parcel No. 1 for the benefit of Parcel
Carolina. A plot plan of the said property marked as Exhibit A, is attached hereto and incorporated herein by reference.
2.
ACCESS EASEMENT: Declarants impose on Parcel No. 1 for the benefit of Parcel No. 2, a non-exclusive easement for ingress and egress beginning at a point in the western line of Bradley Creek Point Road, said point also being the north end of curve #18 as shown on the map entitled "Bradley Creek Point" and recorded in Map Book 10 at Page 27 of the New Hanover County Registry. Running thence from said beginning point along said western line as it curves to the west to a point located South 36 degrees 51 minutes 42 seconds West 19.93 feet from the preceding point. Thence leaving said western line, North 54 degrees 20 minutes 40 seconds West 84.17 feet to point in the northern line of a tract of land described in Book 1123 at Page 1343 of said Registry. Thence along said northern line South 67 degrees 36 minutes East 86.9 feet to the point of beginning, and being a portion of tract described in Book 1123 at Page 1343 of said Registry.
434298 3.
BOOK PAGE 0938 2073 LANDSCAPE EASEMENT: Declarants impose on Parcel No. 1 for the benefit of Parcel No. 2, a non-exclusive landscape easement beginning at a point in the northern line of a tract of land described in Book 1123 at Page 1343 of the New Hanover County Registry. Said point being located North 67 degrees 36 minutes West 86.9 feet from a point in the western line of Bradley Creek Point Road at the north end of curve #18 as shown on the map entitled "Bradley Creek Point” and recorded in Map Book 10 at page 27 of the Registry. Running thence from said beginning point South 21 degrees 38 minutes 44 seconds West 2.29 feet to a point. Thence North
ed "Bradley Creek Point” and recorded in Map Book 10 at page 27 of the Registry. Running thence from said beginning point South 21 degrees 38 minutes 44 seconds West 2.29 feet to a point. Thence North 67 degrees 46 minutes 59 seconds West 44.43 feet to a point. Thence North 22 degrees 24 minutes East 2.43 feet to a point in said northern line. Thence along said northern line South 67 degrees 36 minutes East 44.4 feet to the point of beginning. Same being part of the tract described in Book 1123 at Page 1343 of the Registry.
4.
AMENDMENTS: This Declaration of Easements may be modified, amended, or it may be abrogated or rescinded in whole or part, from time to time by a written document executed by the owners of both Parcel No. 1 and Parcel No. 2. Such amendment shall be effective when recorded with the Register of Deeds of New Hanover County, North Carolina.
5.
EQUITABLE RELIEF: In the event of a breach or attempted or threatened breach of the provisions of this instrument, the remedy at law available to enforce this instrument would in all likelihood be inadequate and, therefore, this instrument may be enforced by mandatory or prohibitory injunction or decree of specific performance upon the application of the owner of Parcel No. 1 and/or the owner of Parcel No. 2. In any action brought hereunder, the prevailing party shall be entitled to reasonable attorneys fees and costs.
6.
SUCCESSORS AND ASSIGNS: The provision of this instrument shall be deemed to be held easements appurtenant to and running with the land and shall bind and enure to the benefit of the Declarants, their successors, successors in title, and assigns.
SIGNED. sealed and delivered as of the tate first above written.
BY: BY: 7 JOHN F. OWENS, JR.
Alma Fe (scal) ALMA F. OWENS
enefit of the Declarants, their successors, successors in title, and assigns.
SIGNED. sealed and delivered as of the tate first above written.
BY: BY: 7 JOHN F. OWENS, JR.
Alma Fe (scal) ALMA F. OWENS Prepared By and Return To: Miriam L. Mason Zimmer and Zimmer, L.L.P.
Attorneys At Law 111 Princess Street P.O. Box 2628 Wilmington, N.C. 28402 Description furnished by others; no title search or confirmation desired 2 BOOK PAGE 0939 2073 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1. Alice K. Gill *96 AUG 20 AM 11 52 RECORDED AND VERIFIED MARY SUE OOTS REGISTER OF DEEDS NEW HANOVER CO. NG , a Notary Public for said County and State, do hereby certify that JOHN F. OWENS, JR. personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the 19th day of Av, August. 1996.
Alive Public My Commission Expires” My Commission Expires August & 1998 1. Alice K. Gill ‚ a Notary Public for said County and State, do hereby certify that ALMA F. OWENS personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the 19th day of August 1974 Alis Notary Public My Commission Expires August 4, 1998 My Commission Expires STATE OF NORTH CAROLINA New Hanover County The Foregoing/ Annexed Certificate(s) of Alice K Gill Notary (Notaries) Public is/are certified to be correct This the.
20 day of 1996 Mary Sue Olots, Donahue Deputy/Assistant NOTARY PUBLIC FRON N68°33'57"W 165.27 (TOTAL) ass N26°2525 BOOK AIRLIE PAGE EXBIBIT A" 940 Parcel No. I 7565 Parcel No. 2.
20,155.5Q. FT.
LANSCAPE RASEMENT 154°20'40°W 8417442E SMSEMENT M.X.LMN 44,10 ✓ 190.96
Parcel No. I 7565 Parcel No. 2.
20,155.5Q. FT.
LANSCAPE RASEMENT 154°20'40°W 8417442E SMSEMENT M.X.LMN 44,10 ✓ 190.96 20,468.54.FC CH.41.42 CH.55.72 539°00'24°W 540°51'42"*.
5513 col. 19.93 (535°48'30"W 105.87 BRADLEY CREEK POINT ROAD CURVE #18 THIS IS NOT A CONFED IS ACCURACY SURVEY REF.: DEED BOOK 1123 PAGE 1343 MAP BOOK 10, PAGE 27 Ka CURVE 19 NORTH CAROLINA GISTERED SEAL L-3658, LAND MARK A.
SURVE STOCKS -OLD IRON PIPE GREENVILLE SOUNC LOCATION MAP 139.75 CURVE $20 NOT TO SCALE BRADLEY CREEK PT. RD 093 ACI JOHN F. OWENS LOT SECTION HARNETT SCALE (50' PLOT PLAN for & WIFE, ALMA F. OWENS SUBDIVISION BRADLEY CREEK POINT NEW HANOVER CO. N. C.
TOWNSHIP MARK A. STOCKS N.C. Registration No. L-3658 7-3-76 DAYE