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UTILITY PIPELINE EASEMENT <br />PREPARED BY: Jane Foy Painter, Mullen Holland & Cooper P.A., Attorneys at Law <br />RETURN 70: Line No. <br />PSNC Energy RMJ No._ <br />(Attn: M(chael Coleman, Engineering Departrnent) Project No. 0050658 <br />P.O. Box 1398 Check No. <br />Gastonia, North Carolina 28053-1398 Date of Checc: <br />STATE OF NORTH CAROLINA <br />COUNTY OF CABARRUS <br />Know all men by these presents that for and in consideration of the sum of Ten Dollars ($10.00) and other valuable <br />consideration paid to Cabarrua County, a Body Politlc and a Political Subdivision of the State of North Carolina <br />(hereinafter designated "Grantor), the receipt of which is hereby acknowledged, the Grantor hereby bargains, sells, and <br />conveys unto Public Serviee Company of North Carolina, Incorporated, a South Carolina corporetion, dba PSNC <br />Energy (hereinafter designated "Grantee"), and its successors and assigns, a perpetual ten (10) foot wide pipeline <br />easement for the purpose of installing, laying, constructing, maintaining, operating, repairing, altering, rephacing, and <br />removing gas pipeline and station equipment (including but not limited to valves, regulators, meters, Rttinga, appliances, <br />tieovers, pipe line markers, communications and electrical service, cemosion control equipmem, fences antl appurtenant <br />faculties) for the transportation and control of gas, oil, petroleum products, or any other liquids, gases, or substances <br />which can be transported through a pipeline system, over the lantls of the Grentor, or in which Grantor has interest situate <br />in Caharrus County, North Carolina describetl in that deed recerded in Book 2204 at Page 307 in the Cabanas County <br />Registry, together with the rights of Ingress an0 egress over and across the easement area and the remaining lands of the <br />Grentor for the purpose of obtaining eases to and from the easement area. The easement shall he krcated as shown on <br />Exhibit'A' drawing attached hereto and described in Exhibit "B', attached hereto and made a part hereof. <br />The Grantee shall have all other dghfs and benefits necessary or convenient for the full enjoyment or use of the dghts <br />herein granted, including rights of ingress and egress over and across said lands to and from the area specficelly wvered <br />by Nis easement, and the right from time to time to cut all trees, undergrowth, and to clear other obstructions that may <br />injure, endanger, or Interfere with the construction, operation, maintenance, and repair of said utllity pipeline <br />The Grentee shall have the right to assign this Easement in whole or part at any time. <br />To have and to hold Bald utility pipeline easement unto the Grentee, its successors, and assigns, in title forever and the <br />undersigned hereby bind themselves, their heirs, executors, administrators, suazssors, and assigns to warrant and <br />forever defend all and singular saitl premises unto Ne Grantee, its successors, and assigns, against the claims of all <br />persons whomsoever. <br />The Grantor may make full use and enjoyment of the Grentol's Property and premises included within the easement area <br />herein granted in any manner not inconsistent with the use of the easement area by the Grantee; provided, however, that <br />the Grentor, his heirs, successors and assigns, shall not construct nar permit to be consWcted any house or building, or <br />allow to be placed or Installed any other obstruction, temporary or permanent, that could damage the pipeline or intertere <br />with operetcn, maintenance or repair of the pipeline by the Grantee, including, but not limited to the accumu~tion of <br />garbage, rubble, disabled vehicles, tires, or debris of any kind, nor impountl nor permit to be impounded any water, nor <br />plant trees or large shrubs, on or aver the easement area. The Grantor, his heirs, successors, and assigns may huild <br />roads, streets, or utilities which cross the pipelirres located on the easement, but may not consWCt wihin or along side <br />the pipeline easement any such utilities which run parallel Herewith. Fences may be installed by Ne Grantor crossing the <br />easement, but such fences must be approved in writing in advance by Grentee and must meet specficetions of the <br />Grantee for type and to ensure safety of the pipeline and must provide aaessibility to the easement reasonably suitable <br />to Grantee. The Grentor, for itsett, Its heirs, successors, and assigns, further agrees not to builtl road, street. utility, or <br />fence crossings, or to change the grade wthin the easement area in any manner which will reduce or increase the cover <br />over the easement area unless approved in writing in advance by Grantee. Grentor shall notify Grentee in writing at least <br />30 days prior to any construction or maintenance activity within the area specifically wvered by this Easement to seek <br />such approval and to allow Grantee's representative to be present during such activ'Ry. Pipeline markers shall not be <br />removed from the right of way. <br />It is understood and acknowledged by the undersigned that the person securing this grant is without authority to make any <br />agreement with regard to the subject matter hereof which is not expressed herein, and that no such agreement will be <br />bintling on the Grantee. <br />F- 3 <br />