Prepared by: Meritage Homes of the Carolinas, Inc.
Lance M. Johnson, Esq.
WHEN RECORDED, MAIL TO:
Meritage Homes
17851 N. 85th Street, Suite 300
Scottsdale, Arizona 85255
Attention: North Carolina Regional Counsel
ACCESS EASEMENT
This Access Easement (the “Easement”) is executed as of the ____ day of ___________,
2014 by, between, and among MERITAGE HOMES OF THE CAROLINAS, INC., an
Arizona corporation, having a mailing address of 5400 Trinity Road, Palisades I – Suite 107,
Raleigh, North Carolina 27607 (“Meritage”); HARRELL F. STALLINGS and GAYLE W.
STALLINGS, husband and wife (collectively “Stallings”); and MOZELLE R. WILSON,
widow (“Wilson”) (Stallings and Wilson collectively the “Grantees”).
RECITALS
A.
Meritage owns certain real property located in Wake County, North Carolina and
legally described in Exhibit “A” attached hereto (the “Meritage Property”).
B.
Stallings owns certain real property located in Wake County, North Carolina and
legally described in Exhibit “B” attached hereto (the “Stallings Property”), which real property is
adjacent to the Meritage Property.
C.
Wilson owns certain real property located in Wake County, North Carolina and
legally described in Exhibit “C” attached hereto (the “Wilson Property”), which real property is
generally adjacent to the Stallings Property.
D.
Grantees desire to acquire from Meritage, and Meritage desires to grant to
Grantees, a temporary, non-exclusive access easement on, over and across that portion of the
Meritage Property identified on Exhibit “D” attached hereto as the “Gravel Drive” for ingress
and egress to and from the Stallings Property and Wilson Property (the “Meritage Easement
Area”).
E.
Wilson desires to acquire from Stallings, and Stallings desires to grant to Wilson,
a non-exclusive access easement on, over and across that portion of the Stallings Property
identified on Exhibit D attached hereto as the “Gravel Drive” for ingress and egress to and from
the Wilson Property (the “Stallings Easement Area” and, together with the Meritage Easement
Area, the “Easement Areas”).
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NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1.
Access Easement.
(a) Meritage hereby grants and conveys to Grantees, and Grantees’ guests and
invitees, a temporary, non-exclusive access easement on, over and across
the Meritage Easement Area for ingress and egress to and from the
Stallings Property and Wilson Property, subject to all existing restrictions,
covenants, conditions, rights-of-way, easements, mineral reservations and
royalty reservations of record, if any, affecting the Easement Area.
(b) Stallings hereby grants and conveys to Wilson, and Wilson’s guests and
invitees, a non-exclusive access easement on, over and across the Stallings
Easement Area for ingress and egress to and from the Wilson Property,
subject to all existing restrictions, covenants, conditions, rights-of-way,
easements, mineral reservations and royalty reservations of record, if any,
affecting the Easement Area.
2.
Reservations. Meritage reserves unto itself and its successors and assigns
the right at any time and from time to time to (i) construct, install, maintain, operate, repair,
replace or remove, across the Meritage Easement Area, roads, utility lines and other
improvements, facilities and structures for public or private purposes; provided, however, that all
such items shall be constructed and maintained so as not to unreasonably interfere with the
Grantees’ ingress and egress to and from the Stallings Property; (ii) plat the Meritage Easement
Area, impose restrictions thereon and otherwise deal in and with the Meritage Easement Area in
conjunction with Meritage’s development of the Meritage Property; and (iii) grant to others the
right to engage in any of the foregoing activities; provided, however, that such reserved rights
shall be exercised in a manner that will not unreasonably interfere with the Grantees’ ingress and
egress to and from the Stallings Property.
3.
Termination; Relocation. The temporary access easement granted herein
over the Meritage Easement Area shall be deemed to be automatically vacated and abandoned,
and the Stallings Easement Area shall be deemed to be automatically relocated to reflect the
“New Drive Location” (as defined below), at such time as (i) a permanent street right-of-way
providing physical access to the Stallings Property has been dedicated in a recorded plat, and
(ii) Meritage has installed a new gravel drive (topped with aggregate base course or crusher run)
on a portion of the Stallings Property to tie the existing gravel drive to the new permanent street
right-of-way, substantially as depicted on Exhibit “D” (the “New Drive Location”).
4.
Not a Public Dedication. Nothing contained in this Easement shall be
deemed to be a conveyance or dedication of any portion of the Easement Areas to the general
public or for any public purpose whatsoever.
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5.
Miscellaneous.
(a)
No modification of this Easement shall be effective unless it is in
writing and is signed by the then owner(s) of the Meritage Property, Stallings Property, and
Wilson Property.
(b)
No waiver of any term or condition of this Easement shall be
effective unless it is in writing and is signed by the person against whom enforcement of the
waiver is sought, and then only in the particular circumstances specified. No failure by a person
to exercise any right or privilege provided for herein, or to require timely performance of any
obligation herein in strict accordance with the provisions hereof, shall preclude the exercise of
such rights or privileges or the enforcement of such obligations in different circumstances or
upon the reoccurrence of the same or similar circumstances. Moreover, the exercise of any
remedy provided for at law, in equity, or herein shall not impliedly preclude the exercise of any
other remedy except when, and then only to the extent that, the other remedy is expressly
forbidden or limited by the provisions hereof.
(c)
If any term, provision, or covenant contained in this Easement
shall be held invalid or unenforceable, the remainder of this Easement shall not be affected
thereby, and each term, provision, and condition hereof shall be valid and enforceable to the
fullest extent permitted by law.
(d)
This Easement shall be governed and construed in accordance with
the laws of the State of North Carolina, without regard to its principals of conflicts of law.
(e)
Enforcement of the provisions of this Easement shall be by any
appropriate proceeding at law or in equity against any person or entity violating or attempting to
violate said provisions, either to restrain such violation, to enforce personal liability, or to
recover damages, or by any appropriate proceeding at law or in equity against the land to enforce
any lien or charge arising by virtue hereof. In any action to enforce the provisions of this
Easement, the non-prevailing party shall be obligated to pay the attorney’s fees of the prevailing
party or parties.
(f)
Meritage, Stallings, and Wilson agree to perform, execute, and/or
deliver any and all such further acts, instruments and assurances as may be reasonably required
to effect the provisions of this Easement.
(g)
This Easement shall take effect upon its recordation in the office of
the Register of Deeds in Wake County, North Carolina.
(h)
The captions of the paragraphs of this Easement are for
convenience only and shall not be considered or referred to in resolving questions of
interpretation or construction. All of the exhibits hereto are incorporated herein by this
reference.
(i)
This Easement may be executed in multiple counterparts, each of
which shall be deemed an original and all of which, together, shall constitute one and the same
instrument.
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Remainder of this page intentionally left blank.
Signature page(s) follow.
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IN WITNESS WHEREOF, the parties have executed this Easement as of the date first set
forth above.
MERITAGE:
MERITAGE HOMES OF THE CAROLINAS, INC.,
an Arizona corporation (SEAL)
By:
Name:
Its:
_________________ COUNTY, NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each acknowledging to
me that he or she signed the foregoing document: _____________________________.
Date: ____________ ______, 20____
_____________________________________________
[Notary's signature as name appears on seal]
_________________________________, Notary Public
[Notary's printed name as name appears on seal]
My commission expires: ___________ ______, 20_____
[Affix Official Seal in Space Above]
S-1
STALLINGS:
(SEAL)
HARRELL F. STALLINGS
(SEAL)
GAYLE F. STALLINGS
_________________ COUNTY, NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each acknowledging to
me that he or she signed the foregoing document: Harrell F. Stallings and Gayle W. Stallings, husband
and wife.
Date: ____________ ______, 20____
_____________________________________________
[Notary's signature as name appears on seal]
_________________________________, Notary Public
[Notary's printed name as name appears on seal]
My commission expires: ___________ ______, 20_____
[Affix Official Seal in Space Above]
S-2
WILSON:
(SEAL)
MOZELLE R. WILSON
_________________ COUNTY, NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each acknowledging to
me that he or she signed the foregoing document: Mozelle R. Wilson.
Date: ____________ ______, 20____
_____________________________________________
[Notary's signature as name appears on seal]
_________________________________, Notary Public
[Notary's printed name as name appears on seal]
My commission expires: ___________ ______, 20_____
[Affix Official Seal in Space Above]
S-3
EXHIBIT “A”
The “Meritage Property”
PIN 1767295866
Being all that property labeled “73.326 Acres Total” as shown on a plat entitled “Boundary Plat
for Rogers Family Farm” prepared by James O. Murphy, Professional Land Surveyor, and
recorded in Book of Maps 2007, Page 1479, Wake County Registry.
Exhibit A – Page 1
EXHIBIT “B”
The “Stallings Property”
PIN 1768306321
BEING all that certain piece or parcel of land lying in Wake County, North Carolina and being
more particularly described as "New Lot -1-" on a map titled "Recombination Survey for
Mozelle R. Wilson & Harrell F. Stallings" by James 0. Murphy, PE, dated April20, 2007 and
recorded in the offices of the Wake County Register of Deeds in Book of Maps 2007, Page 1478
and containing 4.405 acres+/-.
Exhibit B – Page 1
EXHIBIT “C”
The “Wilson Property”
PIN 1768308414
BEING all that certain piece or parcel of land lying in Wake County, North Carolina and being
more particularly described as "New Lot -2-" on a map titled "Recombination Survey for
Mozelle R. Wilson & Harrell F. Stallings" by James 0. Murphy, PE, dated April 20, 2007 and
recorded in the offices of the Wake County Register of Deeds in Book of Maps 2007, Page 1478
and containing 3.418 acres+/-.
Exhibit C – Page 1
EXHIBIT “D”
The “Easement Areas”
(Attached hereto)
Exhibit D – Page 1