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~oo k $~ oaf ` ~~SA 311 DRAWN BY & RETURN TO: Cabatrua County Philip S. Runkel Filed Copy Womble Carlyle Sandridge & Rice, PLLC 3500 One Wachovia Center SEP 2 2 2009 301 South College Street NC 28202 l , ~ 1 DZ S Char otte, • . ~Pnn Mime Initials STATE OF NORTH CAROLNA RIGHT OF WAY EASEMENT AGREEMENT COUNTY OF CABARRUS THIS RIGHT OF WAY EASEMENT AGREEMENT ("Agreement") is made and entered into this (4'~ day of~~~ 2009, by and between William Beaver and Bess Beaver with a mailing address of Post Office Box 981, Concord, North Carolina 28026 ("Grantor"), and CABARRUS COUNTY BOARD OF EDUCATION, a corporate body formed under the laws of North Carolina ("Grantee"). STATEMENT OF PURPOSE Grantor is the owner of certain real property located in Cabarrus County, North Carolina and more particularly identified on Exhibit A attached hereto ("Grantor's Property"). Grantee is the owner of certain real property located in Cabarrus County, North Carolina, adjacent to Grantor's Property, and more particularly identified on Exhibit B attached hereto ("Grantee's Property"). The parties hereto desire to provide for a right of way easement across a portion of Grantor's Property in accordance with the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing statements and One Dollar ($1.00) paid by Grantee and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Grant of Easement. Grantor hereby grants, for the benefit of Grantee's Property, a permanent, non-exclusive easement "(Permanent Easement") over, upon, within and across that portion of Grantor's Property more particularly depicted and WCSR dI2d629vI Attachmentnumber2 F-10 Page 137