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D. Cabarrus County, as successor to Douglas Martin Foster and Kelly H Foster and Cabarrus
<br />County Board of Education, and Kannapolis ODS, LLC, have agreed to relocate the July 30,
<br />2014 Easements.
<br />NOW THEREFORE, in consideration of the forgoing recitals, which shall be incorporated below as if
<br />rewritten below in their entirety, and the mutual agreements and covenants hereinafter set forth to be
<br />performed by the parties, the July 30, 2014 Easements are amended to read as follows:
<br />Grantor hereby gives, grants, bargains, releases, sells and conveys unto Grantee, its successors and
<br />assigns, forever, a perpetual and permanent easement for the purpose of clearing, trenching for, laying,
<br />constructing, using, replacing, repairing, reconstructing, and maintaining a sewer easement
<br />appurtenant thereto, and the lands within the easement granted herein; all the above - described
<br />purposes to be performed in any part of said easement where necessary, said easement being more
<br />fully described as follows:
<br />TEMPORARY AND PERMANENT EASEMENT
<br />A permanent sewer easement thirty (30) feet in width, including 2 extended "bump -out"
<br />areas, over, under and across a portion of the lands of Grantor described as Tax Parcel
<br />46814991920000 (See Deed Book 11409, Page 163, Cabarrus County Registry) (the "Sewer
<br />Easement ") and
<br />A permanent access easement to the Sewer Easement area, over, under and across a
<br />portion of the lands of Grantor described as Tax Parcel 46814991920000 (See Deed Book 11409,
<br />Page 163, Cabarrus County Registry)
<br />all as shown and marked on that certain plat attached hereto as Exhibit "A" and
<br />incorporated herein by reference.
<br />In addition thereto a temporary easement, which will automatically expire upon the
<br />completion of the construction and installation of the sewer line, shall be extended beyond the
<br />said permanent 30 ft. sewer easement. This temporary construction easement shall extend at a
<br />width of 10 feet on each side of each boundary line of the permanent easement
<br />As used herein, the term "Grantor" shall be construed to include Grantor and its heirs,
<br />administrators, executors, successors, and assigns, and the term "Grantee" shall be construed to
<br />include Grantee and its successors and assigns.
<br />This deed of easement is executed and delivered and said easements are granted upon the
<br />following conditions:
<br />1. Land, landscaping, any utility and any improvement (whether existing or installed or
<br />constructed in the future) disturbed by Grantee or its officers, agents, contractors or employees shall
<br />substantially restored to its original condition.
<br />2. Grantor agrees not to unreasonably restrict or in any manner to unreasonably interfere
<br />with Grantee or its officers, agents, contractors or employees in regard to the performance of
<br />clearing, trenching for, laying, constructing, reconstructing, using, repairing, replacing, and maintaining
<br />said sewer easement facilities. However, Grantor shall have the unrestricted right to (i) construct
<br />fencing, walls, posts, bollards, gates, speed bumps and other improvements on Grantor's property that
<br />may restrict, but may not totally prevent, a reasonable means of access to the easement area along
<br />Attachment number 1 \n
<br />G -4 Page 138
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