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Mar~17. 2008 8:56AM <br />NORTH CAROLINA <br />CABARRUSCOUNTY <br />UTILITIES EASEMENT <br />No•6284 P• 6 <br />Excise Tax: <br />Tax ReF. No.: <br />KNOW ALL M$N 8V THESE PRESENTS, that Cnbarrua County, a Corporation, in consideration of <br />X170.00 paid to the Corporation by the Town of Midland and in further considerauon of beneffis acerumg to tteelf, its httra, representatives end <br />successors in title, receipt whereof tis hereby acknowledged, do hereby grunt and conveyto the Town ofMidland, a North Carolina Municipal Corporation, <br />Grantee, and its successors and assigns the perpetual right, privilege and easement to go in end upon its property, as described in deed duly recorded in the <br />Office of the Register ofDeede for ('.ems„ County fn Hook 1552" et pogo ~, to which reference v hereby made for amore particular description. Parcel <br />I17N 55283383GG. <br />The epeeifie location and dimenelone ofthe permanent easement and any temporary e¢cemen[ are found on EXHIBIT A attached hereto end to <br />which rcferenco ie made for a more particular description. <br />Grantee's right to enter Grantors land shall be confined to streets, roads end driveways when they exist at rho time entry is necessary and when <br />[hay are adequate for Grantee's purposes, but when they do not exist or steno[ adequate, such right to enter shall be over the nearest most practical route or <br />routes to said eeeemant. <br />The right and privilege and easement shall include conen~uction, maintenance and operation in, upon, aerose and through said promises in a <br />propcr manner a6 utilities (water, sewer, power, tolecommunication, and/or gas), together with the right to install tape and appliances with right e[ all times <br />to enter upon said premlaes for the purpose ofinspecdng said linen and to make necessary rryairs, improvements antl 51[erations thereupon. The following <br />[tghta are also being granted: <br />a. To remove from the right-of-way, now or a[ any ttmo to the future, [tees, structures, or other obstructions that may interfere with the proper <br />maintenance and operation of seed easement. <br />b. To regulate, restrict, or prohibit any fLturo building, fence, or other type temporary or permanent structure within the easement. <br />c. To regulate, restrict, or prohibit any future plecenient of trees, shrubbery, or bushes vnthin the easement. <br />d. To regulate, restrict, or prohibit any changes of grade within [he easement. <br />Further provided however: I. The Town of Midland agrees to compensate the properly owner for any future damages sa the result of <br />construction slid/or maintenance of said utilities, and Z. The Town of Midland ngrees to le¢vo the property in as good condition es before construction. <br />To have and to hold eatd right end easement [o it the said Grflntee and its successors m title forever. <br />1N TBSTIMONY WHEREO$ the party(ies) of the Bret part, Grantor(s) has (have) hereunto net its hand(s) tend seal(s) on the <br />,20_ <br />1N TESTIMONY WHEREOF, the party(iee) ofthe first par[, Grantor(s) hat (have) hereunto set its hand(s) and seal(s) on the <br />, 20_ <br />(Corporation) <br />By: <br />President (Vice President) <br />ATTEST: <br />Secretary (Assistant Secretary) <br />(CORPORATE SEAL) <br />NORTH CAROLINA- TJNION COUNTY <br />day of <br />day of <br />h a Notary Public in and for said County and state do hereby certify that <br />personally appeared before the this day and acknowledged [hat he/she fs Secretary/Assistant Secrotary <br />of a Cotyorahon, and that by authority duly given and as the <br />act of the corporation, Lhe forogoing tnatrument was cigned in its name by. itv Presiden[/Vice A~esidon[, sealed with its corporate seal and attested by <br />himeelf/hers¢lF as tis Secretary/Aeststam Secretary. <br />Witness my hand end Official Seal, this the day of <br />My commission expires: <br />20 <br />(SEAL) <br />Notary Public <br />~- 3 <br />~,r.,~ <br />