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10/26/09 bION 16:17 F~l <br />WOMI3LE <br />CARLYLE <br />SANDRIDGE <br />& RICE <br />A PROFESSIONAL. L1t.11TED <br />LUB[LI7Y COMPANY <br />~I 001 <br />One Wachovia Ccntcr <br />301 South College S[rect <br />Suite 3500 <br />Charlo[te, [SIC 28202-6037 <br />Telephone: (704) 331-4900 <br />Fax: (704) 331-4955 <br />wW W. WCS LCOf[1 <br />Sarah A. Motley <br />Direct Dial: (704) 331-4982 <br />Direct Fax: (704) 444-9973 <br />E-mail: smotleyQwcsr.com <br />August 28, 2009 <br />VIA U.S. MAIL <br />Mr. and Mrs. Norris Ftanklin Barringer <br />3919 Miami Church Road <br />Concord, North Carolina 28025 <br />Re: Requesf for Right of Way Lase~nent Agreerneni <br />Dear Mr. and Mrs. Barringer: <br />The law firm of Womble Carlyle Sandridge & Rice PLLC represents the Cabarrus County Board <br />of Education (the "Board"). This letter follows up on my colleague Phil Runkcl's letter of May <br />13, 2009, my letter of August 25, 2009, and your recent discussions with Mr. Len Witke, the <br />Director of Construction, regarding compensation associated with the Right of Way Easement <br />Agreement provided by Mr. Runkel on May 13. Pursuant to this Agreement, you would grant a <br />right of way easement and telnpolary construction easement to enable the Board to construct said <br />easements across certain property you own in Cabarrus County for the benefit of a new <br />elementary school being constructed off of Miatni Church Road. <br />In exchange for you providing the requested easements, the Board would pay you a one time <br />easement fee of $12.000.00. The foregoing fee is calculated on a per ownership tract and the <br />loss of your mature trees. In addition, the Board will install and connect your home to a new <br />residential wastewater pump station and sewer line which feeds into our school sewer system. <br />The Board will also provide water service to your home. The sewer service will be guaranteed <br />for any future owners of the property. Monthly water and sewer service charges will be your <br />responsibility following installation of these systems. Irl addition, the Board will revise the <br />location of your driveway to give you access onto Abilene Road and include a culvert, if <br />required by the State. This will help reduce any conflict of your driveway with the widening and <br />intersection redevelopment work on Miami Church Road. <br />Please contact the should you have any questions regarding the Board's proposal. If none, <br />please sign the previously provided Agreement, have it notarized, and return to Mr. Itunkel by <br />no later than September 1, 2009. Upon receipt of the signed Agreement and signature by the <br />Board, we will forward to you a check from the Board for the easement and right of way fees and <br />begin construction of the pump station and water service: <br />Very truly yours, <br />Attachment number 1 <br />GEORGIA /SOUTH CAROLINA /NORTH CAROL[NA /VIRGINIA /WASHINGTON, D.C. /MARYLAND /DELAWARE <br />F-5 Page 61 <br />