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Home My WebLink AboutMemorandum of AgreementThis instrument was prepared by and return to: Nicole S. Loeffler, Weatherspoon & Voltz LLP, 3700 Glenwood Ave., Suite 250, Raleigh, NC 27612 (WITHOUT TITLE EXAMINATION) MEMORANDUM OF AGREEMENT tl This Memorandum of Agreement made and executed as of the c.S: day of !O,u4,,,.\,q..t , 2020, between Kevin M. Lynch and wife, Anne F. Lynch, with a mailing address of 278 Troy Dr., Fuquay-Varina, NC (collectively, the "Grantor"); and Bethesda Association L.L.C., a North Carolina limited liability company ("Bethesda"). 1. 2. 4. WITNESS ETH Pursuant to that certain Agreement Regarding Grant of Sanitary Sewer Easement dated U:,c.: ..... be,c 5 , 2020 (the "Agreement"), Grantor has agreed to grant Bethesda a temporary construction easement and to grant to Hamett Regional Water a permanent sanitary sewer easement in the approximate location depicted as "Approximate Location of Easement" on Exhibit A attached hereto, which shall encumber property owned by Grantor that is more fully described on Exhibit B attached hereto, pursuant to the terms of the Agreement. Bethesda and Grantor desire to record this Memorandum for the purpose of placing the public on notice of the Agreement, all of the provisions of which are incorporated herein by reference with the same force and effect as if herein set forth in full. Nothing contained in this Memorandum is intended to or does modify or expand in any way any of the terms or provisions of the Agreement, and the Agreement shall determine and govern the rights and duties ofGrantor and Bethesda in all respects. This Memorandum may be signed in one or more counterparts (or with counterpart signature pages) which, taken together, shall constitute a fully executed Memorandum and shall be considered a single document. [Signature pages to follow] IN WITNESS WHEREOF the p~ies have executed this memorandum intending it to be a sealed document as of the date and year first written above. By:Z M 1J14nvL Name, Kevin M. 0 By: - Name: Anne F. Ly ch (SEAL) (SEAL) \JV~K~ County, North Carolina I liftfu\\.\ A Bu.rtxx.v 'a Notary Public of North U\rolioc... do hereby certify that Kevin M. Lynch personally appeared before me this ~ay and ac!<11owled~ the due execution of the foregoing instrument. Witness my hand and official seal this the __2._ day of Jk. l~Y , 2020. -~A,_ ~mrture of Notary Notary's prin~ typed name, Notary Public My commission expires: [2ne. f{!)~ 2024 WGl~ County, North Carolina I 7Tf,C~~A Ba..rix>L,V 'a Notary Public of V\fov:th Ctt.roliolA do hereby certify hat Anne F. Lynch personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the day of J)eLOh!-,ev , 2020. ~ary (Official Seal) Notary's printdor typed name, Notary Public My commission expires: OLY)l[l9~'20lY I 2 IN WITNESS WHEREOF, the parties have here and to set their hands and seals effective the day and year first above written. sTATE oF Nod LJ111l,..n,..,, COUNTY OF /,0o..,kµ BETHESDA ASSOCIATION L.L.C., a North Carolina limited liability company By: Name: Title: I I !7 IN6( qJf;/ f H-5i4ivt-r oct . . ~· r . I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document: p;':J CbL,;,... (insert name of individual). Date: [)ecemkr ID, 2020 Nota,yPublio f" a. Printed Name: fJ. • L My Commission Expires: Oe(,ewzW 1z c!).a}. '( 3 EXHIBIT A TIMMONS GROUP Easement Areas (Temporary Construction Easeni~nt Area ·. · Sanitary Sewer Easement Area) : TIDS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULA TIO NS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. 4 EXHIBITB (Legal Description ofGrantor Property) Being all of Lot 18 of Hilliard Place Subdivision, as shown in Plat Cabinet F, Slide 448-B, Harnett County Registry. This instrument was prepared by and return to: Nicole S. Loeffler, Weatherspoon & Voltz LLP, 3700 Glenwood Ave., Suite 250, Raleigh, NC 27612 (WITHOUT TITLE EXAMINATION) MEMORANDUM OF AGREEMENT This Memorandum of Agreement made and executed as of the J day of()w.,...\oc.f , 2020, between Mark Scales and wife, Elisha Scales, with a mailing address of 282 Troy Dr., Fuquay-Varina, NC (collectively, the "Grantor"); and Bethesda Association L.L.C., a North Carolina limited liability company ("Bethesda"). WITNESSETH Pursuant to that certain Agreement Regarding Grant of Sanitary Sewer Easement dated i'L.\., , 2020 (the "Agreement"), Grantor has agreed to grant Bethesda a temporary construction easement and to grant to Harnett Regional Water a permanent sanitary sewer easement in the approximate location depicted as "Approximate Location of Easement" on Exhibit A attached hereto, which shall encumber property owned by Grantor that is more fully described on Exhibit B attached hereto, pursuant to the terms of the Agreement. 2. Bethesda and Grantor desire to record this Memorandum for the purpose of placing the public on notice of the Agreement, all of the provisions of which are incorporated herein by reference with the same force and effect as if herein set forth in full. Nothing contained in this Memorandum is intended to or does modify or expand in any way any of the terms or provisions of the Agreement, and the Agreement shall determine and govern the rights and duties of Grantor and Bethesda in all respects. 4. This Memorandum may be signed in one or more counterparts (or with counterpait signature pages) which, taken together, shall constitute a fully executed Memorandum and shall be considered a single document. [Signature pages to follow] IN WITNESS WHEREOF the parties have executed this memorandum intending it to be a sealed document as of the date and year first written above. County, North Carolina By_:~ Name: Mark Scales By:Q1µ_; '\;)~ Name: Elisha Scales (~EAL) (SEAL) I \ /\\ o.JQ d k\ l!)o..,./N s 'a Notary Public of J)UN~ do hereby certify that Mark Scales personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the !J--day of <l)e_e,.f,\M,h.U/ , 2020. ;J ~\~L-D~ WANDA L BARNES Notary Public, North Carolina Ci"l ci:1 ~am County ·· M"y~ lnission Expires fficial Signature of Notary \A~~ J5w-/\.0_ s. Notary's printed or typed name, Notary Public My commission expires: (.Q /~ 1 /oUJad---1 l Ir} o\, \[e_, County, North Carolina I T fuoJ(m-'m-e-wu + , a Notary Public of-=lJc=<,(...=----lL_.=,c..=i"--'-------,CL do hereby certify that Elisha Scales personally appeared before me this day and acknowled the due exRt~n of the foregoing instrument. Witness my hand and official seal this the day of 1-1:2'. C...· , 2020. . ) ,,,,,,,, .. ,,,,,, ,,,,~~.~-~-1~~;:.-.,,._ Offi~ture i'Notary s"'')o •.• ·• No1;,(.!-~ -1 n t.~ c:., _ ___Y' g ( (Official '0 C/\1'--f', . '?i: c-r_,(I ~oJ ""'J =~: : = Notary's prmted;ty;name, Notary Public ·~"f-.\,0 ;:i:.~ -:, ·. V. . <I'/ ()_ ... 'I %,"~~~~!.<;. ...... / ~/ My commission expires: I b (Jlj(f-c:1--%~~NC~ ---~.---- ,,,,,,, 11iU\\\\\ 2 - IN WITNESS WHEREOF, the parties have here and to set their hands and seals effective the day and year first above written. STATE OF Afor/{ ~W'.IL, COUNTY OF WM!k' BETHESDA ASSOCIATION L.L.C., a North Carolina limited liability company By: Name: Title: I certify that the following person personally ~d before me this day, acknowledging to me that he signed the foregoing document: PirJJ (;J (insert name of individual). Date: /Jeu/l'lt&L /0 , 2020 Notary Public:~-a. Printed Name: f<'ar-,' If, 'Juv,.eJ My Commission Expires: De.ce,m6er I~ c9.0JJ.t/ EXHIBIT A 0 TIMMONS GROUP Easement Areas (Temporary Construction Easement Area and Sanitary Sewer Easement Area) THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. 4 EXIDBIT B {Legal Description of Gran tor Property) Being all of Lot 16 of Hilliard Place Subdivision, as shown in Plat Cabinet F, Slide 448-B, Hamett County Registry.