STATE OF NORTH CAROLINA                                                         DRAINAGE EASEMENT COUNTY OF NEW HANOVER                                                            Parcel ID:RO«ParcelPID»
                                                                                                                  Map ID: «ParcelMapID»

THIS DEED OF EASEMENT, executed this the ___ day of ____________, 2005, by and between:
«LegalName» of «Address1», «Address2»«City»,«State» «Zip» (hereinafter referred to as "GRANTOR") and the City of Wilmington, a municipal corporation organized and existing under the laws of the State of North Carolina, whose Post Office address is Post Office Box 1810, Wilmington, North Carolina 28402 (hereinafter referred to as “GRANTEE”;

W I T N E S S E T H:
For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the GRANTEE to the GRANTOR, receipt of which is hereby acknowledged, the GRANTOR has bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the GRANTEE, its successors and assigns, the right, privilege and perpetual right-of-way and easement over through, under and upon the lands and premises hereinafter described for the purpose of constructing, installing, inspecting, maintaining, repairing, removing, extending, improving, replacing, building and/or operating public drainage facilities including ditches, drainage lines, pipes, catch basins and other related facilities, said premises being a certain parcel or tract of land located in New Hanover County, North Carolina, and more particularly described as follows:

Parcel «SeqPrint», containing «AreaSF» SQ. FT. of permanent easement, as the same appears on Sheet «Sheet» of 2 of maps entitled “City of Wilmington, Longstreet Canal Easements”, duly recorded in Map Book 48 at Pages 99 through 100 of the New Hanover County Registry, to which reference is made for a more complete description of easement interest herein conveyed.

The above-described is a portion of the property conveyed to GRANTOR by deed recorded in Book «ChainBook» Page «ChainPage» of New Hanover County Registry.
TO HAVE AND TO HOLD said right-of-way and easement to GRANTEE, its successors and assigns, forever. This right-of-way and easement hereby granted is appurtenant to and runs with the land now owned by the GRANTOR.

The facilities now in existence or to be placed over, under, upon and across said right-of-way and easement shall become and remain the property of the GRANTEE. The GRANTEE shall have the right to construct, install, inspect, maintain, repair, remove, extend, improve, replace, build and/or operate these or new facilities and to make such changes and additions to such facilities upon the easement and right-of-way as the GRANTEE may deem advisable.

The GRANTEE shall at all times have the right to keep the area of the perpetual easement and right-of-way clear of all buildings or structures, trees, shrubs, bushes, stumps, roots, undergrowth, or other vegetation as will in its judgment interfere with the purposes of this Easement. The GRANTOR expressly promises and agrees not to construct or allow to be constructed any building, structure or other improvement, and further promises not to plant or allow to be planted any trees, shrubs, bushes, undergrowth or other vegetation or to otherwise permit encroachment or interference with the GRANTEE'S rights hereunder except as provided herein. It is expressly understood and agreed, however, that the GRANTOR, its heirs, successors and assigns, shall retain the right to cultivate the ground lying within the boundaries of the right-of-way and use said easement for any other lawful purpose; provided, however, that such cultivation or use shall not be inconsistent with the rights herein granted to the GRANTEE, and GRANTEE shall not be liable for any damages or loss due to the exercise of its rights hereunder within its easement and right-of-way.

For the purpose of constructing, inspecting, improving, replacing, removing, maintaining, extending, repairing or otherwise using the above-described facilities, the GRANTEE shall have the right of ingress to and egress from the easement and right-of-way over such private roads, alleys, ways or paths (hereinafter collectively referred to as "private roads") as may now or hereafter exist on the property of the GRANTOR. Any damages resulting to such private roads from the use by the GRANTEE shall be repaired by the GRANTEE at its expense. The right, however, is reserved to the GRANTOR or its, successors and assigns to shift, relocate, close or abandon such private roads at any time. If there are no public or private roads reasonably convenient to the easement and right-of-way, the GRANTEE shall have such right of ingress and egress over the GRANTOR'S property adjacent to the easement and right-of-way in such manner as shall occasion the least practicable damages and inconvenience to the GRANTOR. The GRANTEE shall be liable for any consequential damages directly resulting from its exercise of the right of ingress and egress over adjoining property.

GRANTEE, to the extent permitted by law, hereby agrees to indemnify and hold harmless GRANTOR with respect to all claims, costs and expenses, including reasonable attorneys’ fees, incurred as a result or consequence of the negligence of the GRANTEE, its employees, representatives, subcontractors or licensees in the performance of repairs, maintenance, or construction activities on the premises. GRANTEE hereby covenants to perform all such repairs, maintenance, and construction activities in an environmentally sound manner employing the use of silt fences and other sedimentation control practices as may be appropriate.
It is specifically agreed that any trees removed for construction or maintenance work will not be replaced. The construction or maintenance area shall be seeded or resodded by the GRANTEE. It is understood and agreed that the execution and delivery of this deed by the GRANTOR and its acceptance by the GRANTEE shall not obligate the GRANTEE to construct or maintain any main, line, pipe, lateral or other extension or permit any connection to its water, sanitary sewer, storm sewer, drainage or other public utilities system without payment of the appropriate connection fees.

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.

Use of the masculine gender herein includes the feminine and neuter, and the singular number used herein shall equally include the plural.

IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written.