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EASEMENT
<br /> Prepared By: Facyson,Jamonica
<br /> NORTH CAROLINA Return To: Duke Energy Carolinas
<br /> Attn: Facyson,Jamonica
<br /> CABARRUS COUNTY 700 E Ritchie Rd
<br /> Salisbury,NC 28146
<br /> THIS EASEMENT ("Easement") is made this day of 120
<br /> ("Effective Date"), from CABARRUS COUNTY, a body politic and political subdivision of the State of North Carolina,
<br /> ("GRANTOR,"whether one or more), to DUKE ENERGY CAROLINAS, LLC, a North Carolina limited liability company
<br /> ("DEC"); its successors, licensees, and assigns.
<br /> W ITNESSETH:
<br /> THAT GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00), the receipt and sufficiency of
<br /> which are hereby acknowledged, does hereby grant unto DEC, its successors, lessees, licensees, transferees,
<br /> permittees, apportionees, and assigns, the perpetual right, privilege, and easement to go in and upon the land of
<br /> GRANTOR situated in Number Four (4), Kannapolis, described as follows: PIN: 561229001; containing 24.64 acres, more
<br /> or less, and being the land described deed from W. Richkard Rogers, Sr., and wife, Virginia M. Rodgers to CABARRUS
<br /> COUNTY, a body politic and political subdivision of the State of North Carolina, dated March 28, 2003, and recorded in
<br /> Deed Book 4417, Page 94; also shown on a plat entitled W. Rickard and Virginia M. Rodgers", dated May 06, 2003, and
<br /> recorded in Map Book 41, Page 84, all Cabarrus County Registry (the "Property"), LESS AND EXCEPT any prior out-
<br /> conveyances, and to construct, reconstruct, operate, patrol, maintain, inspect, repair, replace, relocate, add to, modify and
<br /> remove electric and/or communication facilities thereon including but not limited to, supporting structures such as poles,
<br /> cables, wires, guy wires, anchors, and other appurtenant apparatus and equipment (the "Facilities") within an easement
<br /> area being thirty (30) feet wide (the "Easement Area"), for the purpose of transmitting and distributing electrical energy
<br /> and for communication purposes of DEC and Incumbent Local Exchange Carriers. The centerline of the Facilities shall be
<br /> the center line of the Easement Area.
<br /> The right, privilege and easement shall include the following rights granted to DEC: (a) ingress and egress over
<br /> the Easement Area and over adjoining portions of the Property (using lanes, driveways and paved areas where practical
<br /> as determined by DEC); (b) to relocate the Facilities and Easement Area on the Property to conform to any future highway
<br /> or street relocation, widening or improvement; (c) to trim and keep clear from the Easement Area, now or at any time in
<br /> the future, trees, limbs, undergrowth, structures or other obstructions, and to trim or clear dead, diseased, weak or leaning
<br /> trees or limbs outside of the Easement Area which, in the opinion of DEC, might interfere with or fall upon the Facilities;
<br /> (d) to install guy wires and anchors extending beyond the limits of the Easement Area; and (e) all other rights and
<br /> privileges reasonably necessary or convenient for DEC's safe, reliable and efficient installation, operation, and
<br /> maintenance of the Facilities and for the enjoyment and use of the Easement Area for the purposes described herein.
<br /> Attachment number 2\n
<br /> F-2 Page 36
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