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C. Access from Cabarrus Avenue to the FMS Property has been over the roadway, which
<br />is known and designated by municipal street sign as Transport Place. The FMS Property was used
<br />from prior to 1922 as a petroleum storage and distribution facility, from which petroleum products
<br />were transported for distribution over Transport Place for distribution by tanker trucks, and for many
<br />of those years, the facility'was operated by Tarheel Transport, Inc., for which Transport Place was
<br />named.
<br />D. County recognizes FMS's necessity and right of use of Transport Place for access to
<br />the FMS Property and the use of Transport Place by FMS and its predecessors in title under a claim
<br />of right as described above. County has used and continues to use Transport Place for access to
<br />Cabarrus Avenue. County and FMS have agreed that it is in their mutual interest to describe the
<br />right ofway of Transport:Place and to confirm that FMS has the right to use Transport Place for
<br />access to the FMS Property by FMS and FMS's tenants, invitees, and licensees, that the right ofway
<br />of Transport Place is appurtenant to the FMS Property, and that Transport Place shall not be
<br />dedicated as a public street, upon and subject to the terms and conditions set forth herein.
<br />NOW, THEREFORE, for and in consideration of the recitals and the mutual covenants and
<br />conditions herein contained and the sum of One Dollar ($1.00) and other good and valuable
<br />considerations paid by FMS to County, the receipt and sufficiency of which are hereby
<br />acknowledged, County has bargained, sold, and conveyed and, by these presents, does grant, bargain,
<br />sell, and convey unto FMS athirty-foot wide, non-exclusive, perpetual easement and right ofway for
<br />vehicular and pedestrian access, ingress, egress, and regress from Cabarrus Avenue to the FMS
<br />Property and for utility services to the FMS Property over, upon, and through that part of Transport
<br />Place upon the County Property described as follows:
<br />BEGINNING at a get iron pin, corner of County and Widenhouse Service, Inc. (now
<br />or formerly, Deed' Book 538, page 628) in the line of FMS, said Beginning point
<br />being N. 22-56-08 W. 42 feet from a set iron pin, corner of FMS (Tract 2, Book
<br />3641, page 319) and B & E of Cabarrus, Inc. (now or formerly, Deed Book 4804,
<br />page 198); and runs thence from said Beginning point with the dividing line between
<br />County and FMS, N. 24-11-02 W. [passing a set iron pin online at 62.57 feet] 96.74
<br />feet to a set iron pin; thence through the County Property with the west edge of the
<br />right of way of Transport Place, as follows: (1) S. 37-13-06 W. [passing a set iron pin
<br />on line at 71.89 feat] 86.19 feet to a set iron pin, (2) curving to the right at a radius of
<br />19.05 feet for 14.26 feet [chord, S. 58-39-49 W. 13.93 feet] to a set iron pin, (3) S.
<br />80-06-32 W. 29.9$ feet to a set iron pin, (4) S. 09-50-52 E. 29.98 feet to a set iron
<br />pin, (5) curving to the right at a radius of 383.93 feet for 84.46 feet [chord S. 03-32-
<br />44 E. 84.29 feet] tp a set iron pin, (6) curving to the left at a radius of 467.08 feet for
<br />102.76 feet [chord, S. 03-32-44 E. 102.55 feet] to a set iron pin, (7) curving to the left
<br />at a radius of 5002105 feet for 141.96 feet [chord, S. 10-39-40 E. 141.95 feet] to a set
<br />iron pin, (8) S. 11.28-27 E. 69.89 feet to a set iron pin, (9) curving to the right at a
<br />radius of 179.01 feet for 70.29 feet [chord, S. 00-13-33 E. 69.84 feet] to a set iron
<br />pin, (10) curving t0 the right at a radius of 238.47 feet for 70.95 feet [chord, S. 19-32-
<br />47 W. 70.69 feet] to a set iron pin, (11) S. 28-04-12 W. 25.47 feet to a set iron pin in
<br />the dividing line between County arid David H. Murdock (now or formerly, Book
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