Prepared by and after recording return to: Kilpatrick Stockton, LLP (LJG) 3737 Glenwood Avenue, Suite 400 Raleigh, NC 27612 STATE OF NORTH CAROLINA COUNTY OF DURHAM 2006005142 FOR REGISTRATION REGISTER OF DEEDS Willie L. Covington DURHAM COUNTY, NC 2006 FEB 02 04:11:10 PM BK:5104 PG:332-340 FEE: $35.00 INSTRUMENT # 2006005142 DECLARATION OF CROSS EASEMENTS THIS DECLARATION OF CROSS EASEMENTS ("Declaration") is entered into this 2nd day of February, 2006, by CROOKED CREEK DEVELOPMENT, LLC, a North Carolina limited liability company (“Declarant”).
A.
RECITALS Declarant owns certain tracts or parcels of land containing approximately 13.42 acres located in Durham County, North Carolina (the “Subject Property”). The Subject Property is shown on that certain plat attached hereto as Exhibit “A”, entitled “Final Subdivision Plat of: Southpoint Professional Center Property of Crooked Creek Development, LLC" having a Survey Date of 12/7/05, and a Plot Date of 12/28/05, prepared by S.D. Puckett & Assoc., Inc. and recorded at Plat Book 170, Page 275, Durham County Registry (the “Plat”).
B. The Subject Property consists of: (i) that certain approximately 3.35 acre parcel of land identified on the Plat as Lot 1 ("Lot 1"); that certain approximately 4.85 acre parcel of land identified on the Plat as Lot 2 ("Lot 2"); and (iii) that certain approximately 5.32 acre parcel of land identified on the Plat as Lot 3 (“Lot 3”) (Lot 1, Lot 2 and Lot 3 are sometimes individually referred to herein as a "Parcel” and collectively as the "Parcels").
C.
Declarant desires to establish certain parking and access easements over Lot 1 and Lot 2, each in favor of the other; and certain utility easements over Lot 1, Lot 2 and Lot 3, as more particularly set forth herein.
the
o establish certain parking and access easements over Lot 1 and Lot 2, each in favor of the other; and certain utility easements over Lot 1, Lot 2 and Lot 3, as more particularly set forth herein.
the NOW, THEREFORE, in consideration of the covenants set forth in this Declaration and for purposes set forth above, the Declarant, for itself, and its tenants, successors and assigns, imposes 9017534.2 1 and places the following restrictions and easements upon the Subject Property, reserving unto themselves and to future owners of the Parcels (each owner of a parcel being referred to herein as an “Owner”) within the Subject Property certain rights and privileges, all as more particularly set forth in this Declaration.
1. Easement Over Access Facilities. Each Owner of Lot 2 and Lot 3, their successors and assigns, and their respective tenants, employees, customers, and business invitees shall have a perpetual non-exclusive easement to use all of the vehicular roadways, entrances and exits, and sidewalks (collectively, the "Access Facilities") located from time to time on the Subject Property, for the purpose for which such Access Facilities are designed, without payment of any fee or other charge being made therefore. In connection with the development of Lot 2 and Lot 3, the Owner of either parcel may restructure the layout and flow of all designated roadway, entrances, exits and sidewalks on the Parcel it owns, at its own expense, provided that such restructuring can be accomplished without unreasonably affecting the pedestrian and vehicular access needs of the other lot Owner.
2. Parking. Each Owner of Lot 2 and Lot 3, and each of their successors and assigns, and their respective tenants, employees, customers, and business invitees shall have a perpetual non-
er lot Owner.
2. Parking. Each Owner of Lot 2 and Lot 3, and each of their successors and assigns, and their respective tenants, employees, customers, and business invitees shall have a perpetual nonexclusive easement to use, free of charge, all designated parking areas located on Lot 2 and Lot 3 (the "Shared Parking Area”) (which shall include all entrances, exits, driving lanes and walks). In connection with the development of Lot 2 and Lot 3, the Owner of either parcel may restructure the layout and flow of all designated parking areas on the Parcel it owns, at its own expense, provided that the net number of parking spaces on such Parcel is not reduced, and such restructuring can be accomplished without unreasonably affecting the parking and access needs of the other lot Owner.
Notwithstanding the foregoing, no Owner shall regularly store, or allow to be stored, vehicles overnight on the Shared Parking Area.
3. No Barriers. All paved areas within the Subject Property shall be constructed and maintained at a uniform grade along common property boundaries, and no barriers, fences or other obstructions shall be erected upon the Access Facilities or elsewhere on the Subject Property so as to interfere with the free flow of pedestrian and vehicular traffic between the Access Facilities located from time to time on the Subject Property. The foregoing provisions shall not prohibit the reasonable designation and relocation of traffic and pedestrian lanes, or the reasonable construction of medians and landscape buffers, by any Owner upon its own Parcel. In addition, each Owner may block traffic on its Parcel for the time only so long as necessary to prevent the creation of prescriptive easement rights, or as may be reasonably required for the purpose of repairing or
h Owner may block traffic on its Parcel for the time only so long as necessary to prevent the creation of prescriptive easement rights, or as may be reasonably required for the purpose of repairing or replacing the roadways, parking areas, and sidewalks on its Parcel.
4.
Utility Easements. There is hereby established, for the benefit of Lot 1, Lot 2 and Lot 3, a non-exclusive easement to install, replace, repair, remove, maintain and operate a water line (the "Water Line Easement”) over that certain area of the Subject Property described as the "25 foot wide private water and access easement" as shown on the Plat, along with a temporary easement adjacent to such Water Line Easement to complete any installation and/or maintenance of such water line. There is hereby established, for the benefit of Lot 1 and Lot 3, a non-exclusive easement to install, replace, repair, remove, maintain a sewer line (the "Sewer Line Easement") over that certain 2 9017534,2 area of Tract 2 more particularly described on Exhibits “B” and “ B-1” hereto, along with a temporary easement adjacent to such Sewer Line Easement to complete any installation and/or maintenance of such sewer line.
Additionally, each Owner shall have a non-exclusive easement appurtenant to its Parcel over and across the remainder of the Subject Property for the purpose of installation, maintenance, repair and use of private utility systems serving its Parcel; provided, however, that the location of such private utility systems shall be subject to the reasonable prior written approval of the Owner of each burdened Parcel, taking into account the overall development plan of the Subject Property and the applicable requirements of the utility service providers and Durham County. Once the location of
each burdened Parcel, taking into account the overall development plan of the Subject Property and the applicable requirements of the utility service providers and Durham County. Once the location of the private utility system has been approved and the installation has been completed, the affected Owners shall execute and record a document confirming the location of any such easement granted under the terms of this Paragraph 4. Each Owner installing utilities pursuant to this Paragraph 4 (an "Installing Owner") shall be responsible for the cost and expense of such installation, including without limitation, tap fees to the appropriate municipality or municipal agency. In addition, each Installing Owner shall indemnify, defend and hold harmless the Owner of the Parcel, and its tenants, on which its off-site utilities are located, from and against any and all claims, damages, losses and expenses of any kind (including without limitation court costs and reasonable attorney's fees) which may arise directly out of the exercise of easement rights under this Paragraph 4 by the Installing Owner. The Installing Owner shall promptly discharge (within thirty (30) days after receipt of notice of filing) any and all liens filed against any other Parcel as a result of or relating to any construction or maintenance undertaken by or on behalf of the Installing Owner under this Paragraph 4.
Other than with respect to the Water Line Easement and the Sewer Line Easement, if, pursuant to the terms of this Paragraph 4, any Owner installs a private utility system that serves only its Parcel over, under or across the Parcel of another Owner, the Installing Owner shall: (a) relocate any such utility system at its expense if such relocation is required as a result of construction by the
cel over, under or across the Parcel of another Owner, the Installing Owner shall: (a) relocate any such utility system at its expense if such relocation is required as a result of construction by the Owner of the Parcel across which the utility is installed; (b) maintain or cause to be maintained any such private utility system at its sole expense; (c) repair at its expense any damage to improvements or landscaping caused by such installation and maintenance; and (d) perform such installation and maintenance in a manner so as to minimize any disruption of business on the Parcel on which the private utility system is located.
As used in this Paragraph 4, the term “private utility systems” shall mean underground electric, telephone, fiber optic cables, cable television, water and sanitary sewer lines; related aboveground appurtenances such as transformers, junction boxes, and meters; and underground storm drainage lines 5.
Maintenance. Each party shall maintain and keep in good repair the parking areas and rights-of-way situated on its premises and shall keep such areas and rights-of-way striped and clear and free of snow, ice, rubbish and obstructions of every nature, and shall provide adequate drainage and lighting thereon.
6.
Drainage. Each Owner, their successors, assigns, and respective tenants, employees, customers and business invitees shall have a perpetual non-exclusive easement on, over, under and 9017534.2 3 across all parking areas, roadways, drive aisles, drainage pipes and lines, on each of the other Owners' Parcels, for the purpose of the ordinary flow of surface storm water resulting from the development of the Parcel in accordance with this Declaration.
7.
Amendment to Declaration. This Declaration may be amended only by a written
he ordinary flow of surface storm water resulting from the development of the Parcel in accordance with this Declaration.
7.
Amendment to Declaration. This Declaration may be amended only by a written agreement executed by the Owners (or, in the case of the amendment of terms that relate only to the Owners of Lot 1 and Lot 2, then only the Owners of such Parcels shall be necessary to amend such terms) of the entire Subject Property, and properly recorded in the Durham County Public Registry.
8. Binding Effect. The conditions, restrictions and easements contained in this Declaration are covenants running with the land; they are made by Declarant for the benefit of itself, its successors and assigns in title to all or part of the Subject Property, each tenant now or hereafter leasing any part of the Subject Property, and each lender making a loan secured by a mortgage on all or any part of the Subject Property.
9.
Remedies for Breach. The terms and conditions of this Declaration shall be enforceable by any Owner, by actions for specific performance or injunction, or for the enforcement of any liens provided for in this Declaration, in addition to any other remedies available at law.
Private Agreement. This Declaration shall not be construed to grant any rights to the public in general.
10.
IN WITNESS WHEREOF, the undersigned have executed the foregoing Declaration under seal the day and year first above written.
DECLARANT: CROOKED CREEK DEVELOPMENT, LLC a North Carolina limited liability company By: Print Name: Frank Kennon Borden, Dr.
Title: Manager By: Print Name: JOHN R.LANCASTER Title: Manager 9017534.2 4 STATE OF NORTH CAROLINA COUNTY OF Wake I, Elizabeth W. VOHZ certify that John R. Lancaster a Notary Public of the County and State aforesaid,
y: Print Name: JOHN R.LANCASTER Title: Manager 9017534.2 4 STATE OF NORTH CAROLINA COUNTY OF Wake I, Elizabeth W. VOHZ certify that John R. Lancaster a Notary Public of the County and State aforesaid, and Frank Kennon Burden, Jr., whose identity has been proven by satisfactory evidence, said evidence being: I have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a A credible witness has sworn to the identity of the principal(s); who are the Managers of CROOKED CREEK MEDICAL CENTER, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged that they are Managers of CROOKED CREEK MEDICAL CENTER, LLC and that as Manager being duly authorized to do so, voluntarily executed the foregoing instrument on behalf of said company for the purposes stated therein.
WITNESS my hand and notarial seal, this 2nd day of Febvant, 2006.
ett W. Voy Notary Public Print Name: Elizabeth W. Voltz My Commission Expires: 10/14/2006 [AFFIX NOTARY SEAL BELOW-NOTE THAT SEAL MUST BE FULLY LEGIBLE] ELIZABETH W.VOLTZ HOTARY WAKE PUBLIC UNTY. N.C.
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Cinga TES " 税込 HEY THER Data N Cardates FINAL PLAT 16-16-85 would if 123417 j Reference 1 P PID (IN FXRY) File:CROOKED CREEK CREDLE/PLAT S.D. Puckett & Assoc., Inc Professional Land Surveyors 5314 Hwy. 58.
Durham, NC. 2013 Ph919) 544-7717 Fux9195-1294 Stephen D. Pacham - N.C.PL&# 2083 Survey by RAK.CH. Down by M Survey Date 12-7-| Not y (1 Term Ma (County of Dur Township of Trust of NC 2-21-45 Final Subdivision Plat of Southpoint Professional Center PROPERTY OF CROOKED CREEK DE VELOPMENT LLC P.O. BOX 31568 RALEIGH NC 27622 (919) 490-5430 the Ege of the py EXHIBIT “A” PLAT has not been reviewed by a local governmental agency for compliance with any applicable land development This map is not a certified survey and
27622 (919) 490-5430 the Ege of the py EXHIBIT “A” PLAT has not been reviewed by a local governmental agency for compliance with any applicable land development This map is not a certified survey and restrictions.
EXHIBIT "B" SEWER LINE EASEMENT Legal Description of Fifteen (15) Foot Wide Private Sewer Easement Across Lot 2 BEING all of that sewer easement labeled "15" Wide Private Sewer Easement" over and across Lot 2, as shown on that map entitled "Final Subdivision Plat of: Southpoint Professional Center Property of Crooked Creek Development, LLC" having a Survey Date of 12/7/05, and a Plot Date of 12/28/05, prepared by S.D. Puckett & Assoc., Inc. and recorded at Plat Book 170, Page 275, Durham County Registry (the "Plat"). Said easement area is comprised of 7 1/2 feet on each side of the centerlines S1, S2, S3 & S4 shown on the Plat, and are shown as the crosshatched area on the attached map, which is attached hereto for informational purposes.
7 9017534.2 141 [まで] DISTING 20 MADE CITY OF BUNDAN SANITARY SEWER EASEMENT PROPERTY LINE IS CEDERLINE OF ONCEX TUM. HUTION 3 PG 47 0726-01-08-05-09 10 NO BUILD AREA SEX NOT LOT 1 145.818.82 sq. ft.
3.35 acres WIDE IAM DER EASEMENT 9017534.2 IDENT 13.00 25" WIDE PRIVATË WATER & ACESS EASEMENT 1345 W BLACK LINE N0234916 W THE EXHIBIT B-1 This map is not a certified survey and has not been reviewed by a local governmental agency for compliance with any applicable land development restrictions.
Date Plat Book 170 1.20-05 Page.
275 I 10:30 am WILLI.COM CROOKED CREEK PARKWAY SƠPUBLIC R/W N87'48'09 E 10 NO BUILD PRIVATE SEVER EASEMENT CREEKH EDGE COURT D 669.51' 36 MOE PRIVATE WATER & ACESS CASEMENT LOT 3 231,899.48 ft.
5.32 acres DUKE POWER COMPANY LINE 5875707E LOT 2 211,184.35 sq. ft.
4.85 acres TT 8
SEVER EASEMENT CREEKH EDGE COURT D 669.51' 36 MOE PRIVATE WATER & ACESS CASEMENT LOT 3 231,899.48 ft.
5.32 acres DUKE POWER COMPANY LINE 5875707E LOT 2 211,184.35 sq. ft.
4.85 acres TT 8 PF JAARING, BERBACK, LINE 1522°02'33 °W MARTHA E DB2397 P PB 130 PG P01738-1 AJA MEDLAKE PH 4728-01-16-23 BUN Y. LEE PM 8726-01DUR OR RTH COUNT CA NIT WILLIE L. COVINGTON REGISTER OF DEEDS, DURHAM COUNTY DURHAM COUNTY COURTHOUSE 200 E. MAIN STREET DURHAM, NC 27701 PLEASE RETAIN YELLOW TRAILER PAGE It is part of recorded document, and must be submitted with original for re-recording and/or cancellation.
Filed For Registration: 02/02/2006 04:11:10 PM Book: RE 5104 Page: 332-340 Document No.: 2006005142 DECL 9 PGS $35.00 Recorder: SHARON M CEARNEL 2006005142