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<br />RIGHT OF WAY AGREEMENT
<br />NORTH CAROLINA
<br />CABARRUS COUNTY
<br />THIS RIGHT-OF-WAY AND EASEMENT, made and entered into this _ day of
<br />2008, by and between CABARRUS COUNTY, a political subdivision of the state of
<br />North Carolina, hereinafter referred to as "GRANTOR" (whether singular or plural), and the WATER
<br />AND SEWER AUTHORITY OF CABARRUS COUNTY, a public instrumentality created under
<br />Chapter 162A of the General Statutes of North Carolina, hereinafter referred to as "WSACC" and/or
<br />"GRANTEE,,.
<br />WITNESSETH: that-
<br />FOR AND IN CONSIDERATION of One Dollar (51.00) and other good and valuable
<br />consideration in hand paid by WSACC to GRANTOR, receipt whereof is hereby acknowledged,
<br />GRANTOR does hereby give, grant and convey unto WSACC, its successors and assigns, a perpetual
<br />Right-of-Way and Easement of no more than sixty (60) feet in width to go in and upon GRANTOR'S real
<br />property located in No. 1 Township, Cabarrus County, North Carolina, as more particularly described in a
<br />survey and map by James E. Satrit, attached hereto as "Exhibit A," and incorporated herein by reference.
<br />AND TO CONSTRUCT, MAINTAIN AND OPERATE in, upon and through said premises a
<br />utility line(s) (water, sewer, reuse water or all), with all necessary pipes and/or appurtenances, together
<br />with the right at all times of ingress, egress and regress thereon, and the right of entry upon said premises
<br />for the purpose of inspecting said line(s), malting repairs or alterations thereon, and/or clearing
<br />obstructions that may, in the opinion of WSACC, endanger or interfere with the proper maintenance and
<br />operation of the same. ~
<br />GRANTEE AND GRANTOR further agree that: (a) GRANTEE shall have such right of i
<br />ingress, egress, and regress over and upon arry lands of the GRANTOR adjacent to or in the vicinity of the
<br />right~f-way/easement areas as Wray be necessary for the purposes of locating, laying, constructing,
<br />reconstructing, inspecting, operating, extending, maintaining, and otherwise keeping open and in good
<br />repair the sanitary sewer line(s), water line(s), or melee(s) for which the right-of-way/easement is granted;
<br />(b) If adequate access is not provided by established means of approach, GRANTOR shall be
<br />compensated for any damage resulting at a~+ time from the exercise of the right of ingress, egress, and
<br />regress hereby granted; (c)1n the event of disagreement at any time as to the amount of a~+ such damage,
<br />one arbitrator shall be selected by the GRANTOR, one by the GRANTEE, and a third, if cecessary, by the
<br />two so selected, and that the decision in writing of two of said arbitrators shall be final and binding upon
<br />the parties hereto.
<br />TO HAVE AND TO HOLD the aforesaid Right~f--Way and Easement u~o WSACC, its
<br />successors and assigns forever,
<br />AND TIC GRANTOR, for GRANTOR, GRANTOR'S heirs, successors, personal
<br />representatives and assigns, does hereby covenant with WSACC, its successors and assigns, that
<br />GRANTOR is seized of the premises in fee simple, that said premises are flee from all encumbrances,
<br />that GRANTOR has good right and 1awfW authority to sell the same; and that GRANTOR will warrant
<br />and defend the said premises unto WSACC, its successots and assigns, against the lawful claims of all
<br />persons whomsoever.
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<br />Item# 9
<br />Attachment number 1
<br />F - 5 Page 34 of 133
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