120522 HCBOC as Northwest Water and Sewer District 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.
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Matthew B. Nicol, Chairman Melissa D. Capps!,
Harnett County Board of Commissioners
December 5, 2022 Regular Meeting Minutes
Page 1 of 1
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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 1111111111111111111111111111111
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-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 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.
NPRAL I: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 c9ns_trAte l_a> 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: ucaners, R ,2022
Official Signature of Notary: ,.:( �C�-l!' . ,�,,._ KRISTLE H. OSTEEN
NOTARY PUBLIC
Notary's Printed Name: 6i Siie y . Queen WAKE COUNTY, N.C.
My commission expires: 5.a.1e 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: 1-210.4.4,- 5 ,2022
Official Signature of Notary:
Notary's Printed Name: .ice ti 53c 1 Q Q,
My commission expires: Cy m k 13, 2_0-21.2
[AFFIX NOTARY SEAL OR STAMP] Melissa D Capps
NOTARY PUBLIC
Johnston County
North Carolina
My Commission Ex;,ires December 13,2026
NPRAL 1:2116293.3
Matthew S. Willis
''
AergI��/j{ Harnett County Register of Deeds
A � 'NT r
� 305 W Cornelius Harnett Boulevard Suite 200
Lillington, NC 27546
. (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