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2051 0336 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION THIS DECLARATION, made and entered into this the 11th day of June 1996, by JERE L. LEGWIN and wife, BARBARA P. LEGWIN, hereinafter referred to as LeGwin and Wife, WITNESSETH: 300052 WHEREAS, LeGwin and Wife are the developers of the subdivision known as Mendenhall, and are now the owners of all of Lot 38 of Section 5 of Mendenhall, as shown upon that map of said subdivision recorded in the New Hanover County Registry in Map Book 35 at Page 38, and are also the owners of that tract lying Southwest of said Lot 38 and labeled "Future Development" on said map; and WHEREAS, it has been suggested that a portion of said "Future Development" tract should be set apart as a nitrification field for the use and benefit of said Lot 38, until such time as public sewer services are available to said Lot 38; NOW THEREFORE, the undersigned LeGwin and Wife do hereby declare that an easement, for the installation and maintenance and use as a nitrification field for the use and benefit of said Lot 38, is hereby established over all of that tract described in the attached Exhibit A, and that a non-exclusive access easement, for access to said nitrification field, is hereby established over all of that tract described in the attached Exhibit B; and that both of said easements are hereby made appurtenant to said Lot 38.
For further information concerning the location of the easements hereby established, see the attached Exhibit C.
The easements hereby established shall automatically terminate if and when public sewer services become available to said Lot 38.
RETURNED TO Barbara Letswin 686-7224 RECORDED AND VERIFIED MARY SUE OOTS REGISTER OF DEEDS NEW HANOVER CO. NC '96 JUN 27 AM 9'56 427045 1333 2051 0357
c sewer services become available to said Lot 38.
RETURNED TO Barbara Letswin 686-7224 RECORDED AND VERIFIED MARY SUE OOTS REGISTER OF DEEDS NEW HANOVER CO. NC '96 JUN 27 AM 9'56 427045 1333 2051 0357 IN TESTIMONY WHEREOF, the undersigned Jere L. LeGwin and Wife have hereunto set their hands and seals, this the day and year first above written.
Jege L.
L. LeGwin (SEAL) B P (SEAL) Barbara P. LeGwin STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Tina C. Elkins, a Notary Public in and for the State and County aforesaid, do hereby certify that Jere L. LeGwin and wife, Barbara P. LeGwin, personally appeared before me this date and acknowledged the due execution of the foregoing instrument.
Witness my hand and notarial seal or stamp, this the 11th day of June 1996.
My commission expires: September 5, 1999 STATE OF NORTH CAROLINA New Hanover County The Foregoing/Annexed Certificate(s) of TINA C. ELKINS Notary (Notaries) Public is/are certified to be correct.
Tina C. Elbmie Notary Public TINA C.
ELKINS NOTAR PUBLIC NEW HAND COUNTY N. C.
This by 27 day of JUNE Mary Sue Oots Register of Deputy/A 96 19 BOOK PAGE -2051 0358 EXHIBIT A EASEMENT AREA FOR NITRIFICATION FIELD TO SERVE LOT 38, SECTION 5 MENDENHALL $2958 5/28/96 BEGINNING at an iron pipe, said iron pipe located by courses of south 73 degrees 06 minutes 51 seconds west 10.45 feet, south 30 degrees 01 minute 39 seconds west 122.66 feet, and south 50 degrees 29 minutes 54 seconds east 92.00 feet from the northwestern comer of Lot 38, Section 5, Mendenhall, as shown on map recorded in Map Book 35, Page 38, New Hanover County Registry, running thence from said Beginning south 50 degrees 29 minutes 54 seconds east 46.00 feet to an iron pipe; thence south 39 degrees 30 minutes 06 seconds west 80.00 feet to
New Hanover County Registry, running thence from said Beginning south 50 degrees 29 minutes 54 seconds east 46.00 feet to an iron pipe; thence south 39 degrees 30 minutes 06 seconds west 80.00 feet to an iron pipe; thence north 50 degrees 29 minutes 54 seconds west 46.00 feet to an iron pipe; thence north 39 degrees 30 minutes 06 seconds east 80.00 feet to the Point of BEGINNING, subject to a common easement 10.0 feet in width adjacent southwestward of the northeastern line of this described tract.
CENTURY/von Oesen Consulting Engineers & Planners Wilmington, North Carolina NORTH WHOYT S.
CAR RADSHA PAGE BOOK 2051 0359 EXHIBIT B ACCESS EASEMENT AREA TO NITRIFICATION FIELD EASEMENT AREA TO SERVE LOTS 36, 37, AND 38 SECTION 5, MENDENHALL $2958 5/28/96 BEGINNING at the northwestern comer of Lot 38, Section 5, Mendenhall, as shown on map recorded in Map Book 35, Page 38, New Hanover County Registry, running thence from said Beginning with the western line of Lot 38 south 19 degrees 33 minutes 17 seconds east 30.03 feet to a point; thence south 30 degrees 01 minute 39 seconds west 110.75 feet to a point; thence south 50 degrees 29 minutes 54 seconds east 108.42 feet to a point; thence south 39 degrees 30 minutes 06 seconds west 5.00 feet to the easternmost comer of the proposed nitrification field easement area to serve Lots 36, 37, and 38, Section 5, Mendenhall; thence with the northeastern line of said easement area north 50 degrees 29 minutes 54 seconds west 138.00 feet to its northernmost comer, thence north 30 degrees 01 minute 39 seconds East 122.66 feet to a point; thence north 73 degrees 06 minutes 51 seconds east 10.45 feet to the Point of BEGINNING.
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NORTH CAROLINA CISTER CENTURY/von Oesen Consulting Engineers & Planners Wilmington, North Carolina HOYT S.
BRADSHAW
north 73 degrees 06 minutes 51 seconds east 10.45 feet to the Point of BEGINNING.
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NORTH CAROLINA CISTER CENTURY/von Oesen Consulting Engineers & Planners Wilmington, North Carolina HOYT S.
BRADSHAW GREENVIEW RANCHES SECTION W SH9-3317E SOLDS 73055 10:45 BOOK コウィン 2051 0 360 EXHIBIT C 30 30' UTILITY CASEMENT 37 36 38 35 POND 110.75 ACCESS *$22.54" N301 S S' 3* ACCESSEASEMENT 5302934°E 10042 COMMON 10° 5303006 W 85.00' 46.00' 70.00 NOTIFICATION 70.00 NETRIFICATION T 37 70.00' NITRIDICAT WICATION 70.00' #39°30'06 E 80.00 THESHAP IS HOT A CERTIFIED SURVEY AND NO RELIANCE MAY DEPLACED INITS ACCURACY 46.00' 46.00' N502934 +6.00° I 34 AND SLOPE EMRICE EASEMENT MENDENHALL DRIVE (PUBLIC) POND FROM PIPE (SET) AORTE MAP OF EASEMENTS FOR LOT 36, 37 & 38 SECTION 5, MENDENHALL MAP BOOK 35 PAGE 38 HARNETT TOWNSHIP, NEW HANOVER COUNTY NORTH CAROLINA SCALE: 1"-50° 50 100 MAY 24, 1996 "CENTURY/von Oesen CONSULTING ENGINEERS & PLANNERS FOR STREET, VUGEN, M.C.
PHONE (9 763-64 FAE 753-4905 S-2956