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D,ease I•wlI lu: CIly ul ban lord Planning Lisp I., P.U. Box 338, Smil ur d, NC 213)u <br />tioot -41 <br />WORM CAMOLIM D) TI CIL? COVENANTS <br />LEE COUNTY <br />AND <br />ANNFRATION AGREEMENT <br />THIS DECLARATION AND AGREEMENT, MADE THIS THE 19th day of March <br />19 92 , by and between County of Lee <br />Property Owner(s) <br />(Hereinafter referred to as "Owner"), and the City of Sanford, a Municipal <br />Corporation, of the State of North Carolina, (Hereinafter referred to as "City"): <br />W I T N E S S E T H <br />WHEREAS, the Owner is seized in fee simple of certain real property located <br />outside the corporate limits of the City of Sanford and <br />WHEREAS, the said real property is not contiguous to the corporate limits of <br />the City of Sanford and <br />WHEREAS, the Owner desires to have the City provide water and/or sewer <br />service to the below described property; and <br />WHEREAS, the City desires to provide water aid/or sewer services to the <br />Owner <br />NOW, THEREFORE, the owner, in consideration of the mutual covenants <br />contained herein, hereby declares and agrees that following described real <br />property is and shall be held, transferred, sold, and conveyed subject to <br />covenants and agreements hereinafter set forth. The property being more <br />particularly described as follows: <br />All that certain lot or parcel of land situated in West Sanford <br />Township, Lee County, North Carolina, and more particularly described as <br />follows: BEGINNING at an iron pipe in the westerly right of way line of the <br />Colon Road; said pipe being located North 09 dogs. 40 mins. 47 secs. East 3906.65 feet <br />from the intersection of the centerline of the Colon Road and the centerline of Osgood <br />Road; said beginning point being designated as control corner on map to which reference is <br />hereinafter made; thence North 84 degs. 32 mins. 21 secs. West 280.48 feet to a set iron <br />pipe; thence North 05 degs. 27 mins. 39 secs. East 190.68 feet to a set iron pipe; thence <br />South 84 degs. 32 mins. 21 secs. East 222.96 feet to a concrete monument in the westerly <br />right of way line of the said Colon Road; thence as the westerly right of way line of <br />said road South 11 degs. 19 mins. 29 secs. East 199.16 feet to the BEGINNING, containing <br />1.10 acres more or less. The above calls taken from a map entitled "Survey for Truby <br />Proctor Colon Road Property" dated January 15, 1992 and revised on January 24, 1992, <br />prepared by Robert J. Bracken, R.L.S. which said map is recorded in Plat Cabinet 7, <br />Slide 71-E, Lee County Registry and reference is hereby made to said map for a more <br />perfect description of the property herein conveyed. <br />1. The City to provide water and/or sewer to the Owner under the terms, <br />conditions, and restrictions of the North Carolina General Statutes and the City <br />of Sanford ordinances and policies then in existence; and <br />2. The Owner agrees and declares his intentions, to be annexed into the <br />City of Sanford at such future date as said property shall become contiguous to <br />the municipal limits of the City of Sanford or at the time the Board of Aldermen <br />determines it can provide municipal services to the property. The Owner shall <br />execute any and all documents required to accomplish the annexation. <br />3. The Owner agrees that, following thirty (30) days notice from the City <br />the water and/or sever service shall be terminated by the City if the Owner shall <br />fail to perform the above covenants or agreements as they become due. <br />4. The designation "Owner" as used herein shall include the parties, <br />heirs, successors, and assigns and shall include singular, plural, masculine, <br />feminine, or neuter as required by context. <br />