AG 2007 07 23 - Laserfiche WebLink

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606, page 766); thence with the line of said Murdock, N. 55-20-27 E. 46.64 feet to a set iron pin in the edge of the North Carolina Department of Transportation right of way for Cabarrus Avenue; thence through the Property with the east edge ofthe right of way of Transport Place, as follows: (1) with the edge of the North Carolina Department of Transportation right of way, N. 25-22-27 E. 61.95 feet to a set iron pin; (2) curving to the left at a radius of 209.01 feet for 82.07 feet [chord, N. 00-13- 33 W. 81.54 feet] to a set iron pin, (3) N. 11-28-27 W. 69.89 feet to a set iron pin, (4) curving to the right at a radius of 4972.05 feet for 141.11 feet [chord, N. 10-39-40 W. 141.10 feet] to a set iron pin, (5) curving to the right at a radius of 437.08 feet for 96.16 feet [chord, N. 03-32-44 W. 95.96 feet] to a set iron pin, (6) curving to the left at a radius of 413.93 feet for 91.06 feet [chord, N. 03-32-44 W. 90.88 feet] to a set iron pin, corner of Widenhouse Service, Inc. (now or formerly, Deed Book 538, page 628); (7) curving to the left at a radius of 49.05 feet for 36.72 feet [chord, N. 58-39- 49 E. 35.87 feet] to a set iron pin, (8) N. 37-13-06 E. 30.5 feet to a set iron pin, (9) curving to the right at a radius of 45 feet for 60.11 feet [chord, S. 62-27-03 E. 55.74 feet] to the BEGINNING, containing 0.548 acre, as surveyed and platted by Concord Engineering & Surveying, Inc. as shown on a map dated December 4, 2003. TOGETHER with the right at any time and from time to time to construct, pave, install, maintain, repair, and replace within said premises the street or roadway, proper drainage of the roadway, and pipes, lines, poles, and wires necessary or convenient for providing utility services to the FMS Property. Said right of way and easement are SUBJECT TO County's joint right of use for access to and from the County Property and for utility service to the County Property. The right of way shall not be dedicated to public use, unless County shall join in such dedication. The rights herein granted are also subject to existing, enforceable easements, rights of way, and restrictions without reimposing the same. For as long as the County Property remains undeveloped, County shall have no responsibility for the maintenance of Transport Place. County further reserves the right to grant non-exclusive access from Cabarrus Avenue over Transport Place to other properties lying on the west side of the right of way of the North Carolina Railroad Company, provided that said grants are made subject to enforceable obligations to share equitably in the maintenance of Transport Place. The easements, rights, reservations, and conditions hereby granted and reserved shall be appurtenant to and run with the FMS Property and the County Property and shall be binding upon and inure to the benefit of County and FMS and their respective successors and assigns. TO HAVE AND TO HOLD the rights and easements hereby granted to the FMS and its successors and assigns, forever, subject to the conditions set forth herein. 3 G-~