FAQ sheet regarding Zev Summit Easement Request Who has requested the Zev Summit Easement? First UMC Cary Trustees received a request for a property easement from Sheila Ogle. The request asks First UMC Cary to grant a 40' X 16' easement at the southwestern corner of church property which would then allow for paving of an asphalt drive that would allow ingress/egress to the Ogle property. This paved drive would facilitate the construction of townhouses in that area as well as provide proper access for emergency vehicles as required by the Town of Cary. Sheila Ogle has received written notification from Scott Korbin allowing easement on Zev Summit Lane from Academy Street to our property. When First UMC Cary purchased the Zev Summit property an easement transferred to First UMC Cary for use of Zev Summit Lane from Academy Street to our property that was purchased. What does granting an easement mean? Granting an easement is allowing a non-exclusive access for ingress, egress, and regress of property. Are there any costs to the church? No, Sheila Ogle will bear all costs of the construction and paving of Zev Summit Lane. What is the easement time period? On or before five years (60 months) after the date of the execution of the easement, Sheila Ogle shall construct a road within the easement area that is built according to secondary road specification of the NC Department of Transportation. In the even that Sheila Ogle has not begun construction within the time frame the easement will cease to exist unless it is modified in writing and recorded in the appropriate registry. What are the easement specifications? Sheila Ogle shall assure:

• That all emergency vehicles can have full ingress and egress to said property without further using First UMC Cary’s additional property.

• All construction must be in keeping with the inspections, permitting, and approval of the Town of Cary.

• Said road shall be uniformly graded so as to provide a smooth surface for both pedestrian and vehicular traffic;

o that is stabilized for use in all weather conditions with drainage adequate to preserve and maintain the road without accumulation of standing water on the road;

o all water run off shall be pushed to Sheila Ogle’s property and not cause standing water on First UMC Cary’s property;

o and that is built in such a manner and way to provide First UMC Cary and members of the general public safe, convenient and passable way to

travel across, on and over the easement and across, on and over First UMC’s property to Sheila Ogle’s property at all times with all forms of vehicular and pedestrian traffic.

o Sheila Ogle shall be liable for all maintenance, repair, and reconstruction of such road in the manner prescribed in the easement.

o Subsequent to Sheila Ogle’s death, the obligation to maintain, repair, and reconstruct the road shall pass to Sheila Ogle’s successors, heirs, and assigns.

• In the event that Sheila Ogle disrupts earth or damages property outside of the easement area on First UMC Cary’s greater tract of land Sheila Ogle shall repair to the condition that said land, structures, etc. were in prior to construction, repair or maintenance action by Sheila Ogle.

• Sheila Ogle shall not cause any fences, curb, or gutter to be erected in a manner that acts as a barrier to the lot owned by First UMC Cary or their use of Zev Summit Lane.

• In no way shall access be obstructed or inhibited.

 Can the easement be assigned by the Sheila Ogle? The easement cannot be assigned by the Sheila Ogle unless granted in writing by First UMC Cary.  

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PREPARED BY AND MAIL TO AFTER RECORDING: KARA D. HAND, ATTORNEY AT LAW 401 EAST

CHATHAM STREET, CARY, NC 27511

EASEMENT

THIS EASEMENT MADE AND ENTERED INTO THIS THE DAY OF , 2015, BY AND

BETWEEN THE FIRST UNITED METHODIST CHURCH CARY, NORTH CAROLINA, INC., HEREINAFTER

REFERRED TO AS THE “GRANTORS”, AND SHEILA OGLE, TRUSTEE OF THE CARROL G OGLE LIVING

TRUST, HEREINAFTER REFERRED TO AS THE “GRANTEES”.

NOW, THEREFORE, GRANTORS FOR VALUABLE CONSIDERATION, WHICH IS HEREBY ACKNOWLEDGED,

HAVE AND BY THESE PRESENTS DO GRANT, BARGAIN, AND CONVEY, UNTO GRANTEES, THEIR

SUCCESSORS AND ASSIGNS A PERPETUAL NON-EXCLUSIVE ACCESS EASEMENT FOR INGRESS, EGRESS,

AND REGRESS AS LEGALLY DESCRIBED ON EXHIBIT A AND SURVEY ON EXHIBIT B ATTACHED HERETO

AND INCORPORATED HEREIN BY REFERENCE.

ACKNOWLEDGMENT

1. GRANTORS COVENANT WITH THE GRANTEES, THAT THE GRANTORS ARE THE OWNERS OF

THE PREMISES IN FEE AND HAVE THE RIGHT TO CONVEY THE EASEMENT. SAID PROPERTY

VESTED TO GRANTOR IN DEED RECORDED AT BOOK 13744, PAGE 31 WAKE COUNTY

REGISTRY. FURTHER, GRANTOR ACKNOWLEDGES THAT THE DESCRIPTION OF THE EASEMENT

AS SET FORTH IN THE ATTACHED EXHIBITS ARE NOT AMBIGUOUS NOR IS IT VOID FOR

UNCERTAINTY, THAT THE DESCRIPTION IS SUFFICIENT AND CERTAIN IN ITSELF TO CREATE A

VALID EASEMENT CROSSING GRANTOR’S PROPERTY.

CONSIDERATION

2. GRANTEE COVENANTS TO CONSTRUCT EASY AND CLEAR ACCESS TO ZEV SUMMIT LANE.

FULL COST SHALL BE BORN BY GRANTEE AND PLANS AND STANDARDS SHALL BE IN

KEEPING WITH PARAGRAPH BELOW.

CONSTRUCTION AND MAINTENANCE OF ROADS

3. ON OR BEFORE FIVE YEARS (60 MONTHS) AFTER THE DATE OF THE DUE EXECUTION OF THIS

EASEMENT GRANTEE SHALL CONSTRUCT A ROAD WITHIN THE EASEMENT AREA THAT IS BUILT

ACCORDING TO THE SECONDARY ROAD SPECIFICATION OF THE NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION. IN THE EVENT GRANTEE HAS NOT BEGUN

CONSTRUCTION WITHIN THAT TIME FRAME THIS EASEMENT WILL CEASE TO EXIST UNLESS

MODIFIED IN WRITING AND RECORDED IN THE APPROPRIATE REGISTRY. GRANTEE SHALL

ASSURE THAT ALL EMERGENCY VEHICLES CAN HAVE FULL INGRESS AND EGRESS TO SAID

PROPRETY WITHOUT FURTHER USING GRANTOR’S ADDITIONAL PROPERTY. ALL

CONSTRUCTION MUST BE IN KEEPING WITH THE INSPECTIONS, PERMITTING, AND APPROVAL

OF THE TOWN OF CARY. SAID ROAD SHALL BE UNIFORMLY GRADED SO AS TO PROVIDE A

SMOOTH SURFACE FOR BOTH PEDESTRIAN AND VEHICULAR TRAFFIC; THAT IS STABILIZED FOR

USE IN ALL WEATHER CONDITIONS WITH DRAINAGE ADEQUATE TO PRESERVE AND MAINTAIN

THE ROAD WITHOUT THE ACCUMULATION OF STANDING WATER ON THE ROAD; ALL WATER

RUN OFF SHALL BE PUSHED TO GRANTEE’S PROPERTY AND NOT CAUSE ANY STANDING

WATER ON GRANTOR’S PROPERTY; AND THAT IS BUILT IN SUCH A MANNER AND A WAY TO

PROVIDE THE GRANTEE AND MEMBERS OF THE GENERAL PUBLIC SAFE, CONVENIENT AND

PASSABLE WAY TO TRAVEL ACROSS, ON AND OVER THE EASEMENT AND ACROSS, ON AND

OVER GRANTOR’S PROPERTY TO GRANTEE’S PROPERTY AT ALL TIMES WITH ALL FORMS OF

VEHICULAR AND PEDESTRIAN TRAFFIC. GRANTEE SHALL BE LIABLE FOR ALL MAINTENANCE,

REPAIR, AND RECONSTRUCTION OF SUCH ROAD IN THE MANNER PRESCRIBED HEREINABOVE

AND A MANNER REASONABLY SATIFACTORY TO GRANTOR DURING THE LIFETIME OF

GRANTEE. SUBSEQUENT TO GRANTEE’S DEATH, THE OBLIGATION TO MAINTAIN, REPAIR,

AND RECONSTRUCT THE ROAD SHALL PASS TO THE GRANTEE’S SUCCESSORS, HEIRS, AND

ASSIGNS. IF GRANTEE SHALL FAIL TO CONSTRUCT AND PROPERLY MAINTAIN THE ROAD AS

REQUIRED HEREIN FOLLOWING TEN (10) DAYS WRITTEN NOTICE FROM GRANTOR OR IN THE

EVENT OF AN EMERGENCY, GRANTOR SHALL HAVE THE RIGHT TO MAINTAIN, REPAIR, OR

RECONSTRUCT THE ROAD AND GRANTEE SHALL REIMBURSE GRANTOR FOR ALL COSTS AND

EXPENSES ACTUALLY INCURRED WITH SUCH WORK.

LIMITATIONS

4. IN THE EVENT THAT GRANTEE DISRUPTS EARTH OR DAMAGES PROPERTY OUTSIDE OF THE

EASEMENT AREA ON THE GRANTOR’S GREATER TRACT OF LAND GRANTEE SHALL REPAIR TO THE

CONDITION THAT SAID LAND, STRUCTURES, ETC. WERE IN PRIOR TO CONSTRUCTION, REPAIR OR

MAINTENANCE ACTION BY GRANTEE. GRANTEE SHALL NOT CAUSE ANY FENCES, CURB, OR

GUTTER TO BE ERECTED IN A MANNER THAT ACTS AS A BARRIER TO THE LOT OWNED BY

GRANTOR OR THEIR USE OF ZEV SUMMIT LANE. IN NO WAY SHALL ACCESS BE OBSTRUCTED OR

INHIBITED. IF AN IMPROVEMENT, FENCE, OR ANY SUCH BOUNDARY IS ERECTED IT WILL BE

WITH THE WRITTEN APPROVAL OF GRANTOR. FURTHER GRANTEE SHALL CONTRUCT,

MAINTAIN, REPAIR, AND RECONSTRUCT ANY AND ALL SUCH IMPROVEMENTS IN KEEPING WITH

PARAGRAPH 3. GRANTOR SHALL RESERVE AND FOREVER MORE HAVE THE RIGHT TO BUILD

NECESSARY FENCING AND STRUCTURES IN THE FUTURE ON THEIR LOT AND SHALL COVENANT

TO NOT INTERFERE WITH GRANTEE’S USE OF THIS EASEMENT. GRANTEE SHALL NOT BLOCK OR

IMPEDE GRANTOR’S ACCESS TO UTILITIES IN ANY WAY.

SUCCESSORS AND ASSIGNS

5. THIS GRANT OF EASEMENT MAY NOT BE AMENDED OR MODIFIED EXCEPT IN WRITING BY

INSTRUMENT EXECUTE BY ALL THE PARTIES HERETO AND/OR THEIR RESPECTIVE SUCCESSORS

AND ASSIGNS. THIS GRANT OF EASEMENT AND THE EASEMENT RIGHTS, BENEFITS, AND

BURDENS SET FORTH HEREIN SHALL RUN WITH THE GRANTOR’S PROPERTY AND THE GRANTEE’S

PROPERTY AND APPLY TO ALL OWNERS, SUCCESSORS, AND ASSIGNS THEREOF. GRANTEE MAY

NOT ASSIGN RIGHT UNLESS GRANTED IN WRITING BY GRANTOR.

LIABILITY/INDEMNIFICATION

6. IN THE EVENT OF INVESTIGATION, PROSECUTION, LIABILITY, OR CIVIL SUIT BROUGHT BY INVITEE,

TRESSPASSER, FOR A TORTIOUS CLAIM ARISING OUT OF INCIDENT IN THE EASEMENT AREA

AGAINST GRANTOR GRANTEE SHALL FULLLY INDEMNIFY GRANTOR INCLUDING BUT NOT LIMITED

TO REIMBURSING GRANTOR FOR ALL COSTS LEGAL AND ADMINISTRATIVE ARISING OUT OF SAID

CLAIM. GRANTOR SHALL HAVE NO OBLIGATION TO DEFEND GRANTEE IN SUCH SUITS OR CLAIMS.

EACH PARTY MAY RETAIN SEPARATE OR SAME COUNSEL, HOWEVER, GRANTEE INDEMNIFIES

GRANTOR FULLY AGAINST RISK OF LOSS AND OR FINANCIAL BURDEN OF

DEFENSE.

RECORDATION

7. THIS GRANT OF EASEMENT SHALL BE RECORDED WITH THE WAKE COUNTY REGISTER OF DEEDS.

GOVERNING LAW

8. THIS GRANT OF EASEMENT AND THE PROVISIONS, COVENANTS, CONDITIONS AND OBLIGATIONS

SET FORTH IN THIS GRANT OF EASMENT SHALL BE GOVERNED BY THE LAW OF THE STATE OF

NORTH CAROLINA.

ATTORNEY’S FEES

9. IN ANY LEGAL ACTION BETWEEN THE PARTIES HERETO ARISING OUT OF THE TERMS OF THIS

GRANT AN EASEMENT THAT TERMINATES IN A FINAL JUDGMENT, THE PREVAILING PARTY SHALL

BE ENTITLED TO COLLECT FROM THE NON-PREVAILING PARTY ITS REASONABLE ATTORNEY’S

FEES ACTUALLY INCURRED AND ALL RELATED COURT COSTS AND EXPENSES (INCLUDING,

WITHOUT LIMITATION, EXPERT WITNESS FEES AND ALL TRIAL AND APPELLATE EXPENSES).

NOTICES

10. ALL NOTICES, DEMANDS, OR REQUESTS MADE PURSUANT TO, UNDER OR BY VIRTUE OF THIS

GRANT OF PERPETUAL EASEMENT MUST BE IN WRITING AND SENT TO THE PARTY TO WHICH

THE NOTICE DEMAND OR REQUEST IS BEING MADE BY (I) BY NATIONALLY RECOGNIZED

OVERNIGHT COURIER DELIVERY FOR NEXT BUSINESS DAY DELIVERY OR (II) BY HAND DELIVERY

TO THE ADDRESS LISTED BELOW; OR TO SUCH OTHER STREET ADDRESS TO WHICH HAND

DELIVERIES MAY BE MADE AS IS SPECIFIED BY A PARTY BY NOT LESS THAN FIVE (5) DAYS PRIOR

NOTICE TO THE OTHER PARTY GIVEN IN ACCORDANCE WITH THE PROVISIONS ON THIS SECTION.

ANY NOTICE GIVEN IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION SHALL BE

DEEMED GIVEN ON THE DATE OF INITIAL DELIVERY OR INITIAL ATTEMPTED DELIVERY IN THE

EVENT OF REJECTION OR OTHER REFUSAL TO ACCEPT OR INABILITY TO DELIVER BECAUSE OF

CHANGED ADDRESS OF WHICH PROPER NOTICE WAS NOT GIVEN OR WHICH IS NOT A STREET

ADDRESS SHALL BE DEEMED TO BE RECEIPT OF THE NOTICE, REQUIEST, DEMAND OR OTHER

COMMUNICATION, PROVIDED THAT SUCH DELIVERY OR ATTEMPTED DELIVERY AT THE ADDRESS

LISTED BELOW MUST BE ON A BUSINESS DAY BETWEEN 9:00 AM AND 5:00 PM IN THE TIME

ZONE IN WHICH SUCH ADDRESS IS LOCATED.

GRANTOR: FIRST UNITED METHODIST CHURCH CARY

117 SOUTH ACADEMY STREET

CARY, NC 27511

GRANTEE: SHEILA OGLE

215 SOUTH ACADEMY STREET

CARY, NC 27511

SEVERABILITY

11. IF ANY TERM, COVENANT, OR CONDITION OF THIS AGREEMENT SHALL BE ILLEGAL, INVALID,

OR UNEFORCEABLE, THE REMAINDER OF THIS AGREEMENT SHALL NOT BE AFFECTED THERBY, AND

EACH TERM, COVENANT, AND CONDITION OF THIS AGREEMENT SHALL BE VALID AND

ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.