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Mar 17. 2008 8:55AM <br />NORTI~ CAROLINA <br />CABARRUSCOUNTY <br />UTILITIES EASEMENT <br />No•8284 N• 2 <br />Excise Tux: _ <br />Tax Ref. No.: <br />KNOW ALL MEN BY THESE PRESENTS, that S,ftbarrua County, a ~Corporetion, In conetderahon of <br />SI,B7U.00 paid to the Corporation by Lho Town of Midland and in &rthor consideration of bcnefita accruing [o itself, its heirs, representatives and <br />successors in title, receipt whereof is hereby acknowledged, do hereby grant and convey to the Town ofMidland, aNorth Carolina Municipal Corporation, <br />Grantee, and its 9ucaeaeore and assigns the perpetual right, prtvilege and e~ement ro 6o In and upon its property, u deacrlbod in deed duly recorded in eha <br />Office ofthe Register of Deeds for Cabarrua County In Hook l x<~ at pogo 75 to which refbrence is hereby made foramore particular description. Parcel <br />1D#5528338842. <br />The specific location and dimeneiona of the permanent easement and any temporary easement are found on EXHIBIT A attached hereto and to <br />which reference to made foramore particular description. <br />Grantee's tight to enter Grantor's land stall be confined to stmeta, roads and driveways when they exist a[ the Limo entry is necessary ¢nd when <br />they are edequato for Grantee's purposes, but when they do not exist or aze not adequate, such right [e enter shall be over the neares[most prfletlcal route ar <br />routes to said easement. <br />The right and privilege and easement shell inolude construction, matntonance and operation tn, upon, across end through said premises in a <br />proper manner all utilities (water, sewer, power, telecommunication, and/or gas), together wnh the right to Inst¢II taps and appliances with right at all tunes <br />to enter upon said premises for the purpose ofinepacling eaidlines endto make necessary repaire,tntproveinents and alterations thereupon. The following <br />rights ere also being granted: <br />e. Te remove from the right-of-way, now or at any time in the ttturc, trees, structures, or other obstructions [hat msy snterfere with [he prover <br />maintenance and operation of said easement. <br />b. To regulate, restrlet, or prohibit any futuro building, tense, or other type temporary or permanent structure within the easement. <br />c. To regulate, restrict, or prohibit any future placement of trees, shrubbery, or buehoa within the casement. <br />d. To rogulate, restrict, or prohibit any changes of grade within the oasemwtt. <br />Furthor provided however: 1. The Town of Midland agrees to.coinpensate the property owner for any }yture damages ss the result of <br />construction and/or ineintenanee of sefd utilities, and 2. The Town of Midland agrees to leavo the property in es good condit{on as before construction. <br />To have and to hold said right and easement to tt the said Ginntee end its successors in title forever. <br />IN TESTIMONY WHEREOF, the Zoty(ies) ofthe first pan, Orantor(s) has (have) hereunto set its hand(s) and seal(s) on the day of <br />1N TESTIMONY WHBRHOF, the ZOrty(ios) of the first pert, Grantor(s) has (have) hereunto set us hand(s) and seal(s) on the day of <br />(COiDOretlon) <br />By:_ <br />Preaiden[(Vice Prosident) <br />ATTEST: <br />Secretary (Assistant Secretary) <br />(CORPORATE SEAL) <br />NORTH CAROLINA -UNION COUNTY <br />1, . a Nouuy Public m and for said County and State do hereby certify that <br />personally appeared hefore me this Ray and aclmowledgetlthat hdshe isSecretary/Assistant Secretary <br />of a Corporation, and that by authorityduly given and as the <br />act of the corporation, the foregoing instrument wes signed in its name by its Preaidont/V ice President, sealed with its corporato seal and attested by <br />himeelf/herself as its SCCretaty/A98tetant Secretary. <br />Witness my hand and Otfictal Seal, this the day <br />My commission expires: <br />20_ <br />_ (SEAL) <br />Notary Public <br />G~3 <br />am.w~ <br />