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~a- <br />:,;aparnls County <br />Filed Cope <br />DEC 10 2009 <br />i ~me_ ~,___AP~1~PM <br />Initials,~,~_,____ <br />DRAWN BY & RETURN TO: <br />Phiiip S. Runkei <br />Womble Carlyle Sandridge & Rice, PLLC <br />3500 One V1%achovia Center <br />301 South College Street <br />Charlotte, NC 28202 <br />STATE OF NORTH CAROLNA <br />UTILITY EASEMENT AGREEMENT <br />COUNTY OF CABARRUS <br />THI,~ ILTILITY E~SENIENT AGREEMENT ("Agreement") is made and entered <br />into this ~J day of D 2009, by and between Donald Vlaulden <br />(collectively, the foregoing are hereinafter referred to as "Grantor"), and CABARRUS <br />COUNTY BOARD OF EDUCATION, a corporate body formed under the laws of North <br />Carolina ("Grantee"). <br />STATEiyIENT 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 />AGREEMENT <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 A127666v1 <br />F-3 Page 120 <br />