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WOMBLE <br />CARLYLE <br />SANDRIDGE <br />& RICE <br />A PROFESSIONAL LIMITED <br />LIABILITY COMPANY <br />One Wachovia Center <br />301 South College Strect <br />Suite 3500 <br />Charlotte, NC 28202-6037 <br />Telephone: (704) 331-4900 <br />Fax: (704) 331-4955 <br />www.wcsr.com <br />September 16, 2009 <br />OCT 2 ,) 2009 <br />Sarah A. Motley <br />Attorney <br />Direct Dial: (704) 331-4982 <br />Direct Fax: (704) 444-9973 <br />E-mail: SMotleyQwcsr.com <br />VIA FEDERAL EXPRESS and EMAIL to darrellfurr@bellsouth.net <br />Mr. and Mrs. Kenneth P. Furr <br />3800 Cold Springs Road South <br />Concord, North Carolina 28025 <br />Re: Request for Utility Easement Agreement <br />Dear Mr. and Mrs. Furr: <br />This letter is to follow up on my colleague Phil Runlcel's letter to you dated May 13, 2009 and <br />my letter dated August 25, 2009 regarding a Utility Easement Agreement whereby you would <br />grant a permanent easement for underground utilities to enable the Cabatrus County Board of <br />Education to construct a utility easement across certain property you own in Cabarrus County for <br />the benefit of a new elementary school being constructed near the intersection of Miami Church <br />Road alid Abilene Road. <br />In exchange for you providing the requested easement, the Board would pay you aone-time fee <br />of $2,500.00 for the utility easement. The foregoing fee is calculated on a per ownership tract. <br />In addition, consistent with your discussions with Construction Director Len Witke, the Board <br />will direct the utility installation contractor to bore under your two maple trees if they are in line <br />with the water and sewer piping installation to minimize damage to the trees' root systems. If <br />significant damage to the root system causes one or both of the two maple trees to die, the Board <br />will replace the tree(s) with maple tree sapling(s). <br />The Board agrees that it will not authorize the use of this easement for any other utility purpose <br />except for the currently proposed water and sewer lines without your written approval. The <br />easement document has been revised to reflect this. <br />The Board agrees to replace at its sole cost either of the two existing property corner markers if <br />the contractor disrupts the location and installation of one or both of these markers. <br />The contractor will be required to repair the construction area, including the provision of new <br />soil and the planting of grass seed. Any large rocks wilt be removed frotn the surface material <br />used to repair the construction area. <br />GEORGIA /SOUTH CAROLINA 1 NORTH CAROLINA /VIRGINIA / iVASHINGTON, D.C. / )IARYLAND ~ DELASVARB <br />Attachment number ~ <br />F-10 Page 150 ~ <br />