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Home My WebLink About042125 Special Session - Northwest Water and Sewer DistrictHARNETT COUNTY BOARD OF CON MUSSIONERS Special Session Minutes April 21, 2025 The Harnett County Board of Commissioners sitting as the governing body of the Northwest Water and Sewer District met in special session on Monday, April 21, 2025 at 6:00 pm, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Members present: Matt B. Nicol, Chairman William Morris, Vice Chairman Barbara McKoy, Commissioner W. Brooks Matthews, Commissioner Member absent: Duncan "Eddie" Jaggers, 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 8:30 pm. Christopher Appel, Senior Staff Attorney reviewed a request to approve an assignment and dedication of utility easements for water and sanitary sewer and bill of sale between RP Wellons Land Development, LLC and Northwest Water and Sewer District. Vice Chairman Morris made a motion approve an assignment and dedication of utility easements for water and sanitary sewer and bill of sale between RP Wellons Land Development, LLC and Northwest Water and Sewer District. The motion was seconded by Commissioner Matthews and carried unanimously. (Attachment 1) Vice Chairman Morris made a motion to adjourn at 8:31 pm. The motion was seconded by Commissioner Matthews and carried unanimously. �fXl Matthew B. Nicol, Chairman'Melissa D. Capps, derk Harnett County Board of Commissioners sitting as Northwest Water and Sewer District April 21, 2025 Special Session Minutes Page I of 1 ATTACHMENT 1 PREPARED WITHOUT THE BENEFIT OF TITLE EXAMINATION Prepared by: James S. Adcock III, P.A. 135 North Main Street Fuquay-Varina, NC 27526 Return to: Harnett County Senior Staff Attorney Department of Legal Services Post Office Box 238 Lillington, NC 27546-0238 STATE OF NORTH CAROLINA COUNTY OF HARNETT ASSIGNMENT AND DEDICATION OF UTILITY EASEMENTS FOR WATER AND SANITARY SEWER AND BILL OF SALE THIS ASSIGNMENT AND DEDICATION OF UTILITY EASEMENTS FOR WATER AND SANITARY SEWER AND BILL OF SALE (this "Assignment and Bill of 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 RP Wellons Land & Development, LLC, a North Carolina limited liability company ("Wellons"), and North West Water and Sewer District of Harnett County, its successors and assigns ("NWWS"). Wellons and NWWS are sometimes referred to herein individually as a "Party" and collectively as the "Parties". RECITALS WHEREAS, Wellons previously acquired certain utility easements for water and sanitary sewer over certain real property located in Harnett County, North Carolina (the "Coun "), which utility easements are recorded in the Harnett County Register of Deeds in Book 4206, Page 2601 (the "Utility Easements"); WHEREAS, the Easements were acquired in connection with and for purposes of Wellons' residential single-family home development named "Eagle Creek" located in the County (the "Development"); WHEREAS, in furtherance of the Development, Wellons has installed certain water and sewer improvements and infrastructure within the land encumbered by the Utility 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, Wellons 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, Wellons 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 Utility Easements. 2. Wellons hereby assigns and dedicates to NWWS all of Wellons'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 Wellons' assignment and dedication of the Utility Easements, and assumes all duties and obligations of "Grantee" under the Utility Easements. 4. Wellons hereby conveys, transfers and dedicates to NWWS all of Wellons' 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 Wellons, for itself and its successors and assigns, will warrant and defend the title to the W&S Infrastructure against Wellons and Wellons' successors and assigns lawfully claiming the W&S Infrastructure, or any part thereof, but no others. Wellons hereby warrants 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 Wellons' warranty obligations described herein above. 5. Wellons hereby represents and warrants that: (i) Wellons 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 Wellons's actual knowledge, no default under the Utility Easements is currently threatened against any party, (iii) Wellons 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) Wellons has the right, power, and authority to enter into this Assignment and Bill of Sale. NPRAL 1:2116293.3 6. Wellons 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 Wellons, or (iii) any acts of gross negligence or willful misconduct on the part of Wellons. 7. NWWS, to the extent allowed by law, agrees to indemnify and save harmless Wellons from and against any loss, damage, harm, claim, action, liability or expense (including reasonable attorneys' fees and expenses of litigation) incurred by Wellons 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 construed and enforced in accordance with the laws of the State of North Carolina, without regard to its principles of conflicts of law. [SIGNATURE PAGES FOLLOW] NPRAL 1:2116293.3 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. WELLONS: RP Wellons Land & Development, LLC a North Carolina limited liability company By; SEAL) Nam O-Lauren Wellons White Title: Vice President STATE OF NORTH CAROLINA ACKNOWLEDGMENT COUNTY OF HARNETT I certify that Lauren Wellons White, Vice President of RP Wellons Land & Development, LLC, personally appeared before me this day, acknowledging to me that she signed the foregoing document for the purpose stated therein and in the capacity indicated. n P7 Jo 1 1 Official Signature of Notary: Notary's Printed Name: My commis�l7 evl' 5' 8 ,2 0a c) ��FFii [AFFIlt TAMP] i S'`• AUBL\G .•`�V ,$tURE PAGE AND ACKNOWLEDGMENT FOLLOW] act 0011111100� NPRAL 1:2116293.3 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: 2025 D Official Signature of Notary: Notary's Printed Name: Sb ar n (m a S UYU My commission expires: [AFFIX NOT,AP� :"�d,,AMP] C ' IOTA I •,�� COVE,.%%%% 111110 NPRAL 1:2116293.3