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RIGHT OF WAY AGREEMENT <br />For Transport Place <br />Excise Tax: $-0- Tax Parcel No.: p/o 5620-45-9469 <br />This instrument prepared: Samuel F. Davis, Jr., Hartsell & Williams, P.A., Concord, NC <br />After recording return to: <br />THIS GRANT OF EASEMENT AND RIGHT OF WAY made this day of <br />2007 by CABARRUS COUNTY, NORTH CAROLINA, a political subdivision of the State of <br />North Carolina, (the "County"); and FMS NORTH CAROLINA, LLC, a North Cazolina limited <br />liability company, ("FMS"), whose address is 3511 Milford Court, N.W., Concord, North Carolina <br />28027. <br />The designation County and FMS as used herein shall include said parties, their successors and <br />assigns. <br />RECITALS <br />A. County is the owner of lands in the City of Concord, Cabazrus County, North Cazolina <br />on the north side of Cabarrus Avenue West and the west side of the right of way of the North <br />Cazolina Railroad Company, which is operated. by Norfolk and Southern Railway, and being the <br />property conveyed to County by deed dated Apri127, 1922 and recorded in Deed Book 102, at page <br />52, Cabarrus County Registry (the "County Property"). <br />B. FMS is the owner of lands adjoining the County Property and also lying on the west <br />side of the right of way of the North Cazolina Railroad Company and on the north side of, but not <br />adjoining Cabarrus Avenue West, and being the lands conveyed to FMS by instruments recorded in <br />Book 3597, at page 35, Book 3641, at page 319, and Book 4650, at page 315, Cabarrus County <br />Registry (the "FMS Property"). <br />G-~ <br />