Attachment One for May 4, 2020
Prepared By: Fredrick G. Johnson, Attorney
No title search requested or performed.
No assertions, representations or warranties regarding title have been made by the preparer.
No opinions as to title or ownership are expressed or impolied by the preparation of this instrument.
NORTH CAROLINA
WILKES COUNTY
EASEMENT
THIS EASEMENT is made this 4th day of April 2020 by and between the WILKES COUNTY BOARD OF EDUCATION, a body politic organized and existing under applicable laws of the State of North Carolina, including Article IX of the Constitution of North Carolina and Chapter 115C of the General Statutes of North Carolina, hereinafter identified as the "Grantor," and WILKES COMMUNICATIONS, INC., a North Carolina Corporation with an office and principal place of business in Wilkes County, North Carolina, herinafter identified as the "Grantee." The address of the Grantor is 613 Cherry Street, North Wilkesboro, NC 28659. The address of the Grantee is 1400 River Street, Wilkesboro, North Carolina 28697-2108.
WITNESSETH
The Grantee has requested from the Grantor an easement for the purpose of installation and maintenance of a fiber-optic cable across a portion of the Boomer-Ferguson Elementary School Property which is identified by the Wilkes County Tax Office as Parcel Identification Number 3826-13-1860, and is located at 556 Boomer-Ferguson School Road. The Grantor has agreed to grant this easement to the Grantee subject to the terms and conditions hereinafter stated.
NOW, THEREFORE, in furtherance of the foregoing, the terms and conditions hereinafter stated, and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby give, grant, and convey unto the Grantee an easement to construct and maintain a fiber-optic cable across that portion of the Boomer-Ferguson Elementary School Property identified as follows:
The cable will be constructed along the south side of the existing roadway which extends from Boomer-Ferguson School Road for a distance of approximately 830 feet to the gate at the boundary of the Boomer-Ferguson Elementary School Property and the property of Paul Ollis, Jr. See Deed recorded in Book 1204, Page 50, Wilkes County Registry. The location of the cable is shown on attached Exhibit A as "PROPOSED FIBER DROP" and the easement shall be for a width reasonably necessary to install and maintain this cable upon the Boomer-Ferguson School Property. The center line of this existing roadway is described on the aforesaid Deed recorded in Book 1204, Page 50.
The Grantee shall be responsible for all costs incurred in constructing and maintaining this cable and for any damages to the property of the Grantor resulting from such construction and/or maintenance. The Grantee shall repair and maintain the Grantor's property following construction and/or maintenance as necessary to assure its uninterrupted use by the Grantor.
All construction and maintenance activity by the Grantee shall be conducted at a time and in a manner not to interfere with the operation of the Boomer-Ferguson Elementary School. This Easement shall remain in effect until rescinded by the Board of Education in its sole and absolute discretion.
IN WITNESS WHEREOF, the Grantor hereby executes this Easement through its undersigned officers as of the date stated above.
WILKES COUNTY BOARD OF EDUCATION
NORTH CAROLINA
WILKES COUNTY
I, Carolyn Triplett, a Notary Public of the County and State aforesaid, certify that D. Mark Byrd, personally known to me, appeared before me this day and acknowledged that he is Secretary of the Wilkes County Board of Education, and that by authority duly given and as the act of the said Board of Education, the foregoing Easement was signed in its name by its Chairperson and attested by him as its Secretary.
Witness my hand and official stamp or seal, the 4th day of May 2020.
My Commission Expires: 2-16-2024
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