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Drawn by: Richard M, Koch <br />Mail to; 3220-20 i Prosperity Church Road <br />Charlotte, NC 28269 <br />STATE OF NORTH CAROLINA <br />RIGHT OF WAY <br />COMITY OF CABARRUS AND EASEMENT <br />TH[S ~3T OF WAY and UTILITY EASEMENT is made and granted this <br />day of Sep tt3Ger, 2009, by and between CABARRUS COUNTY ,Notch Carolina, a body <br />politic and political subdivision of the State of Nortlt Carolina (the "COUNTY") to TIIViE <br />WARNER CABLE ("GRANTEE"). <br />FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, <br />COUNTY does hereby gt•ant to GRANTEE and its successors and assigns, a Right of Way acrd <br />Easement across a portion of the parking lot of Grantor's Public Library property on Notfih Union <br />Street in Concord, CAbal'fnS (.'Ollnty, NOrth CNPOIiIla. This Easement and Right of Way perutits <br />cite GRANTEE to go in and upon such real property of GRANTOR for the purposes described <br />below. <br />COUNTY grants to GRANTEE the right to construct, maintain and operato in, upon and <br />under the Right of Way and Easement only fltose underground CATV facilities identiffed in the <br />diagram attached as Exhibit A, together with the right at all tintcs of htgress, egress acrd regress, <br />and the right of enhy upon such premises for the purposes of inspecting such facilities, making <br />repairs or alterations, and clearing obsttuctlons in tho Right of Way and Easement that may <br />endanger at• interfere with the proper mahttenauce and operation of the saute. By accepthtg this <br />right of way and easement and constructing the facilities, GRANTEE teprescnts and agrees that <br />all such facilities will be underground and that it tivill pro-nptly repair or replace any damage to <br />Iite COUNTY'S property, <br />TO HAVE AND TO HOLD the aforesaid Right of Way and Easement unto the <br />GRANTEE and its successors and assigns, for so tong as such faciiities are used by GRANTEE <br />iu cotutectiott with operation of CATV faciiities on tits adjacent City of Concord water tower. <br />THB COUNTY, for COUNTY and COUNTY'S successors and assigns, covenants with <br />the GRANTEE and its successors and assigns, that COUNTY is seized of the premises in fee <br />situple, that such premises ace free fiom ail encuntbrauces, that COUNTY has good right and <br />F-3 Attachment number 1 <br />Page 52 <br />