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Hoek S~qa <br />DRAWN BY & RETURN TO: <br />Philip S. Runkel <br />Womble Carlyle Sandridge & Rice, PLLC <br />3500 One Wachovia Center <br />301 South College Street <br />Charlotte, NC 28202 <br />STATE OF NORTH CAROLINA <br />RIGHT OF WAY EASEMENT AGREEMENT <br />COUNTY OF CABARRUS <br />THIS RIGHT OF WAY EASEMENT AGREEMENT ("Agreement") is made and <br />entered into this 1~'~ day of ~0~~2009, by and between Scott Y. Avett and Sarah <br />E. Avett with a mailing address of 3879 Abilene Road, Concord, North Carolina 28025 <br />("Grantor"), and CABARRUS COUNTY BOARD OF EDUCATION, a corporate body <br />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 />Cazolina 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 />a right of way easement across a portion of Grantor's Property in accordance with the <br />terms and 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 />within and across that portion of Grantor's Property more particularly depicted and <br />WCSR 4124618v I <br />F-7 Page 85 <br />