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iin~e_ <br />Ini1 <br />DRAWie1 i3Y 3c ItETUi2IY Ta: <br />Philip S. Kunkel <br />Womble Carlyle Sandridge 8c Rice, PLLC <br />3500 One Wachovia Center <br />30l South College Street <br />Charlotte, NC 28202 <br />STATE OF NORTH CAROLINA <br />UTILITY EASEMENT AGREEiVIENT <br />COWTY OF CABARRUS <br />THIS UTILITY EASEMENT AGREEMENT ("Agreement") is made and entered <br />into this ~~ day of Nvv~Mgtsn• 2009, by and between Alan C. iVfaulden, as <br />Administrator of the Estate of Helen Maulden (collectively, the foregoing are hereinafter <br />referred to as "Grantor"), and CABARRUS COCJNTY BOARD OF EDUCATION, a <br />corporate body formed under the laws of North Carolina ("Grantee"). <br />STATEMENT OF PURPOSE <br />Grantor is the owner of certain real property located in Cabarrus County, North <br />Carolina and more particularly identified on Exhibit A attached hereto ("Grantor's <br />Property"). Grantee is the owner of certain real property located in Cabarrus County, <br />North Carolina, adjacent to Grantor's Property, and more particularly identified on <br />Exhibit B attached hereto ("Grantee's Property"). The parties hereto desire to provide for <br />an easement across a portion of Grantor's Property to enable Grantee to tap into the <br />existing utility lines located on Grantor's Property in accordance with the terms and <br />conditions set forth herein. <br />AGREEiVIENT <br />NOW, THEREFORE, in consideration of the foregoing statements and One <br />Dollar ($1.00) paid by Grantee and other valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, Grantor and Grantee hereby agree as <br />follows: <br />1. Grant of Easement. Grantor hereby grants, for the benefit of Grantee's <br />Property, a permanent, non-exclusive easement "(Permanent Easement") over, upon, <br />WCSR J127669v1 <br />F-3 Page 106 <br />