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STATE OF NORTH CAROLINA
)
PERPETUAL EASEMENT FOR
COUNTY OF DARE
) BEACH RENOURISHMENT
Grantor(s) hereby grant a perpetual and assignable easement and right of
way to the County of Dare, grantee, in, on, over and across the hereinafter
described land for use by the grantee, its representatives, agents, contractors,
and assigns, to construct; preserve; patrol; operate; maintain; repair;
rehabilitate; and replace; a public beach, a dune system, and other erosion
control and storm damage reduction measures together with appurtenances thereto,
including the right to deposit sand; to accomplish any alterations of contours
on said land; to construct berms and dunes; to nourish and renourish
periodically; to move, store and remove equipment and supplies; to erect and
remove temporary structures; and to perform any other work necessary and
incident to the construction, periodic renourishment and maintenance of the Dare
County Beaches Renourishment and Storm Damage Reduction Project, together with
the right of public use and access; to plant vegetation on said dunes and berms;
to erect, maintain and remove silt screens and sand fences; to facilitate
preservation of dunes and vegetation through the limitation of access to dune
areas; to trim, cut, fell, and remove from said land all trees, underbrush,
debris, obstructions, and any other vegetation, structures and obstacles within
the limits of the easement reserving, however, to the grantor(s), (his) (her)
(its) (their) (heirs), successors and assigns, the right to construct dune
walkover structures in accordance with any applicable Federal, State or local
laws or regulations, provided that such structures shall not violate the
integrity of the dune in shape, dimension or function, and that prior approval
of the plans and specifications for such structures is obtained from the
municipality of appropriate jurisdiction and provided further that such structures are subordinate to the
construction, operation, maintenance, repair, rehabilitation and replacement of
the project; and further reserving to the grantor(s), (his) (her) (its) (their)
(heirs), successors and assigns all such rights and privileges as may be used
and enjoyed without interfering with or abridging the rights and easements
hereby acquired; subject however to existing easements for public roads and
highways, public utilities, railroads and pipelines.
The parcel or tract subject to said easement is that certain parcel or tract of
land located
in Dare County, North Carolina, and more particularly described as follows:
Parcel <Sequence>, as the same appears on Sheet <SheetNum> of 30 plats,
made by WK Dickson & Co., Inc., dated February 4, 2004, entitled “Dare County
Easement Line Survey, Northern Dare Beaches Shoreline Protection and Erosion
Abatement Project, Reach 1 Southern Portion”, and duly recorded in Plat Cabinet
F1 Slides 142 through 171 in the Dare County Registry, to which reference is
made for a more complete description of easement interest herein conveyed. Said
parcel is additionally described as tax parcel <TaxParcelNum>. The portion of
said parcel subject to said easement is that portion of the parcel seaward of
the easement line as shown on said plat. Said easement contains <SqFt> square
feet.
Said GRANTOR covenants and warrants that it is lawfully seized and possessed
of the property described above; and that it has good right and lawful authority
to convey said easement for the purposes herein expressed; and that GRANTOR for
its heirs, successors, executors, administrators, and assigns covenants that it
will warrant and defend said easement against any and all claims and demands
whatsoever, except for encumbrances of record.
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