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Home My WebLink About20221205 HCBOC as NWWSD HARNETT COUNTY BOARD OF COMMISSIONERS Special Session Minutes December 5, 2022 The Harnett County Board of Commissioners sitting as the governing body of the Northwest Water and Sewer District met in special session on Monday, December 5, 2022 at 9:00 am, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Members present: Matthew B. Nicol, Chairman William Morris, Vice Chairman Barbara McKoy, Commissioner W. Brooks Matthews, Commissioner Lewis W. Weatherspoon, Commissioner Staff present: Brent Trout, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Melissa Capps, Clerk Chairman Nicol called the meeting to order at 9:50 am. Christopher Appel, Senior Staff Attorney reviewed a request for approval of an assignment and dedication of utility easement for water and sanitary sewer and bill of sale pertaining to the Serenity Development. Commissioner Weatherspoon made a motion to approve the assignment and bill of sale between Greenfield— Serenity, LLC and Northwest Water and Sewer District. The motion was seconded by Commissioner Matthews and carried unanimously. (Attachment 1) Commissioner Weatherspoon made a motion to adjourn at 9:53 am. The motion was seconded by Vice Chairman Morris and carried unanimously. �A�WiO C' Matthew B. Nicol, Chairman Melissa D. Capps, 1 rk Harnett County Board of Commissioners December 5, 2022 Regular Meeting Minutes Page 1 of 1 FOR REGISTRATION Matthew S. Willis REGISTER OF DEEDS Harnett County NC 12/09/2022 at 02:35:47 PM Bk 4176 Pg 649-653 (5) Fee Amt: $26.00 INSTRUMENT # 2022114772 KAYLA CORE III IilllllllilllllllIIIuhllli 1111 PREPARED WITHOUT THE BENEFIT OF TITLE EXAMINATION Prepared by: Nexsen Pruet,PLLC 4141 Parklake Ave. Suite 200 Raleigh,NC 27612 Return to: Harnett County Staff Attorney Department of Legal Services Post Office Box 238 Lillington,NC 27546-0238 STATE OF NORTH CAROLINA ASSIGNMENT AND DEDICATION OF UTILITY EASEMENTS FOR WATER AND SANITARY SEWER AND BILL COUNTY OF HARNETT OF SALE THIS ASSIGNMENT AND DEDICATION OF UTILITY EASEMENTS FOR WATER AND SANITARY SEWER_AND BILL-OF-SALE (this.'=Assignment and-Bill-mf---- _- -- ------- Sale")is made as of the later of the dates this Assignment and Bill of Sale is signed by the Parties (the "Effective Date") by and between Greenfield — Serenity, LLC, a North Carolina limited liability company("Greenfield"),and North West Water and Sewer District,its successors and assigns ("NWWS"). Greenfield and NWWS are sometimes referred to herein individually as a "Party"and collectively as the"Parties". RECITALS WHEREAS, Greenfield previously acquired certain utility easements for water and sanitary sewer over certain real property located in Harnett County,North Carolina(the"County"), which utility easements are recorded in the Harnett County Register of Deeds in: (i) Book 3928, Page 623;(ii)Book 3708,Page 42;(iii)Book 4131,Page 473;(iv)Book 3915,Page 54; (v)Book 3902,Page 93; (vi)Book 3886,Page 771;(vii)Book 3724,Page 962;and (viii)Book 3886,Page 759(collectively,the"Utility Easements"); NPRAL1:2116293.3 WHEREAS,the Water and Sewer District of Harnett County previously acquired certain utility easements for water and sanitary sewer over certain real property located in the County, which utility easements are recorded in the Harnett County Register of Deeds in: (i)Book 3819, Page 146;(ii)Book 3819,Page 141;(iii)Book 3819,Page 150;and(iv)Book 3819,Page 132 (the "County Easements", and the County Easements together with the Utility Easements, the "Easements"); WHEREAS, the Easements were acquired in connection with and for purposes of Greenfield's residential single-family home development named"Serenity" located in the County (the"Development"); WHEREAS,in furtherance of the Development,Greenfield has installed certain water and sewer improvements and infrastructure within the land encumbered by the Easements(collectively, and including all supply lines, mains, connections, pipes, valves, meters and equipment installed within said Easements for the purpose of water distribution and wastewater collection,the"W&S Infrastructure");and WHEREAS,in furtherance of the Development,and as required by the County,Greenfield desires to assign, convey, transfer and dedicate, and NWWS desires to assume and receive, the Utility Easements together with the W&S Infrastructure in accordance with the terms of this Assignment and Bill of Sale. AGREEMENT NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged,Greenfield and NWWS hereby agree as follows: 1. The Recitals set forth above are incorporated herein by reference. Capitalized terms not otherwise defined herein shall have the meanings given to them in the Easements. 2. Greenfield hereby assigns and dedicates to NWWS all of Greenfield's rights, duties and obligations under the Utility Easements as"Grantee",such that NWWS shall constitute the"Grantee"under the Utility Easements and hold all of the rights and obligations of"Grantee" thereunder and be referred to therein as"Grantee". 3. NWWS hereby accepts Greenfield's assignment and dedication of the Utility Easements,and assumes all duties and obligations of"Grantee"under the Utility Easements. 4. Greenfield hereby conveys,transfers and dedicates to NWWS all of Greenfield's rights, title and interest in the W&S Infrastructure, together with all duties and obligations with respect thereto, including without limitation all maintenance obligations, TO HAVE, TO HOLD, AND TO ENJOY said W&S Infrastructure, all privileges and appurtenances thereto belonging, which are hereby conveyed,unto NWWS,forever,and that Greenfield,for itself and its successors and assigns, will warrant and defend the title to the W&S Infrastructure against Greenfield and Greenfield's successors and assigns lawfully claiming or to claim the W&S Infrastructure,or any part thereof,but no others.Greenfield hereby warrants that the W&S Infrastructure against defects in materials,equipment,or construction for a period of one(1)year from the date of acceptance of NWWS. Such acceptance shall occur in accordance with the Harnett County Water and Sewer Ordinance and upon acceptance, NWWS shall assume all duties and obligations with respect thereto, including without limitation all maintenance obligations less Greenfield's warranty obligations described herein above. NPRALI:2116293.3 5. Greenfield hereby represents and warrants that: (i) Greenfield has not previously assigned, transferred or otherwise conveyed any of its interest as "Grantee" under the Utility Easements, (ii) no party under the Utility Easements is currently in default under the Utility Easements,and to the best of Greenfield's actual knowledge,no default under the Utility Easements is currently threatened against any party,(iii)Greenfield has not previously conveyed or transferred any of the W&S Infrastructure, (iv) all persons, firms or corporations who furnished labor or materials used directly or indirectly in the completion of the W&S Infrastructure have been paid in full,and(v)Greenfield has the right,power,and authority to enter into this Assignment and Bill of Sale. 6. Greenfield shall indemnify and save harmless NWWS from and against any loss, damage, harm, claim, action, liability or expense (including reasonable attorneys' fees and expenses of litigation) incurred by NWWS in connection with (i) any matter arising under the Utility Easements on and prior to the Effective Date,(ii)any breach of this Assignment and Bill of Sale or the Utility Easements by Greenfield, or (iii) any acts of gross negligence or willful misconduct on the part of Greenfield. 7. NWWS, to the extent allowed by law, agrees to indemnify and save harmless Greenfield from and against any loss,damage,harm,claim,action, liability or expense(including reasonable attorneys'fees and expenses of litigation)incurred by Greenfield in connection with(i) any matter arising under the Utility Easements subsequent to the Effective Date,(ii)any breach of this Assignment and Bill of Sale or the Utility Easements by NWWS, or (iii) any acts of gross negligence or willful misconduct on the part of NWWS. 8. This Assignment and Bill of Sale may be executed in as many counterparts as may be deemed necessary and convenient,and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same instrument. Fax or scanned signatures shall be acceptable as original signatures. 9. All of the parties' rights, duties, benefits, liabilities, and obligations under this Assignment and Bill of Sale shall inure to the benefit of, and be binding upon, their respective successors and assigns. 10. This Assignment and Bill of Sale shall be governed by and cmgruedat>d enforced_..________ in accordance with the laws of the State of North Carolina, without regard to its principles of conflicts of law. [SIGNATURE PAGES FOLLOW] NPRAL12116293.3 IN WITNESS WHEREOF,the parties have executed this Assignment and Dedication of Utility Easements for Water and Sanitary Sewer and Bill of Sale as of the Effective Date. GREENFIELD: Greenfield—Serenity,LLC a North Carolina limited liability company By: Greenfield Communities MM,Inc., its sole man ger By: (SEAL) Name: Yang Song Title: President STATE OF NORTH CAROLINA ACKNOWLEDGMENT COUNTY OF WAKE I certify that Yang Song, President of Greenfield Communities MM, Inc., the sole manager of Greenfield—Serenity,LLC,personally appeared before me this day,acknowledging to me that he signed the foregoing document for the purpose stated therein and in the capacity indicated. Date: 1 C Ae Q., ' ,2022 Official Signature of Notary: A ,r,,,� KRISTLE H. OSTEEN NOTARY PUBLIC Notary's Printed Name: G 5tle . Osier, WAKE COUNTY, N.C. My commission expires: S,,u� 11 aoa3 [AFFIX NOTARY SEAL OR STAMP] [NWWS'S SIGNATURE PAGE AND ACKNOWLEDGMENT FOLLOW] NPRAL1:2116293.3 NWWS: North West Water and Sewer District By: (SEAL) Name: Matthew B.Nicol Title: Chairman STATE OF NORTH CAROLINA ACKNOWLEDGMENT COUNTY OF HARNETT I certify that Matthew B. Nicol, Chairman of North West Water and Sewer District, personally appeared before me this day, acknowledging to me that he or she signed the foregoing document for the purpose stated therein and in the capacity indicated. Date: Tac...- t' ..v 5 ,2022 Official Signature of Notary: Notary's Printed Name: Q My commission expires: &C , .v l 3, 2_0(-211, [AFFIX NOTARY SEAL OR STAMP] Melissa D Capps NOTARY PUBLIC Johnston County North Carolina My Commission E) fires December 13,2026 NPRAL1:2116293.3 Matthew S. Willis 441-- Harnett County Register of Deeds A 305 W Cornelius Harnett Boulevard Suite 200 , � Lillington, NC 27546 4 (910) 893-7540 Receipt For Services Cashier: KAYLA CORE Receipt Started: 12/09/2022 02:33:40 PM Receipt#: 20221209143340-8 TROY DEHAVEN ASSIGNMENT Party 1: GREENFIELD - SERENITY, LLC Party 2: NORTH WEST WATER AND SEWER DISTRICT Book / Page: 4176 /649 - 5 Page(s) Time: 12/09/2022 02:35:47 PM Recording Fee: $26.00 Excise Tax: $0.00 SUBTOTAL: $26.00 Receipt Total: $26.00 Cash: $26.00 Change Due: $0.00