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PREPARED BY: Public Service of North Carolina, Incorporated Line No. HP-40
<br /> RETURN TO; PJW No.
<br /> PSNC Energy Project No. 002881~,
<br /> Attn: Michael Coleman, Planning & Design Dept.) Check No.
<br /> P.O. Box 1398 ' Date of Check
<br /> Gastonia, NC 28053-1398
<br />
<br /> UTILITY PIPELINE EASEMENT
<br />
<br /> STATE OF NORTH CAROLINA
<br />
<br /> COUNTY OF CABARRUS
<br /> Know all men by these presents that for and in consideration of the sum of One Dollar ($1.00) paid to Cabarrus County, a body
<br /> potitic (hereinafter designated "Grantor"), the receipt of which is hereby acknowledged, the Grantor hereby bargains, sells, and
<br /> conveys unto Public Service Company of North Carolina, Incorporated, a South Carolina corporation, dba PSNC Energy
<br /> (hereinafter designated "Grantee"), and its successors and assigns, an exclusive and perpetual pipeline easement for the
<br /> purpose of installing, laying, constructing, maintaining, operating, repairing, altering, replacing, and removing gas pipeline
<br /> equipment (including but not limited to valves, regulators, meters, fittings, appliances, tie-overs, pipe line markers,
<br /> communications and corrosion control equipment, and appurtenant facilities) for the transportation and control of natural gas or
<br /> other petroleum products under, upon, over, through and across lands of Grantor, or in which the Grantor has interest situate in
<br /> Township No. 1, Cabarrus County, North Carolina, as conveyed to Grantor by, and described in, that deed recorded in Book
<br /> 3316, Page 335 in the office of the Register of Deeds of Cabarrus County, North Carolina, such easement area to comprise
<br /> approximately .0264 of an acre and being more particularly described as "Easement 2" as shown on that plat of survey by
<br /> McKim & Creed entitled "Easement Survey for Telephone and Gas Easements for Canter'field, LLC," dated September 26, 2001,
<br /> a copy of which is attached hereto and designated Exhibit "A", reference to which is hereby made for a complete and accurate
<br /> description of the location of the easement area.
<br />
<br /> The Grantee shall have all Other rights and benefits necessary or convenient for the full enjoyment or use of the rights herein
<br /> granted, including right of ingress and egress over and across said lands to and from the area specifically covered by this
<br /> easement, and the right from time to time to cut all trees, undergrowth, and other obstructions that may injure, endanger, or
<br /> interfere with the construction, operation, maintenance, and repair of said utility pipeline.
<br />
<br /> The Grantee shall have the right to assign this easement in whole or part at any time.
<br />
<br /> The Grantee hereby agrees to bury all pipe to a depth of at least three feet, so as not io interfere with cultivation of the soil for
<br /> landscape or farm crop purposes (excluding trees, orchards or other restricted uses). Grantee hereby also agrees to repair at
<br /> its expense any damage to the lands and property of Grantor within or outside of the easement resulting from the
<br /> exercise of the rights and privileges granted herein, except in the event of exercising their rights for clearing any
<br /> obstructions as set forth in paragraph three heretofore or paragraph six hereinafter.
<br />
<br />The Grantor may make full use and enjoyment of the lands and premises included within the easement' herein ~ranted in any
<br />manner not inconsistent with the use and purpose of said land by the Grantee; provided, however, that the Grantor, his heirs,
<br />successors, and assigns, shall not construct nor permit to be constructed any house or other permanent structure, to plant trees
<br />or orchards, or allow to be placed or installed any other obstruction, temporary or permanent, that could damage the pipeline or
<br />interfere with operation, maintenance or repair of the pipeline by the Grantee, including, but not limited to the accumulation of
<br />garbage, rubble, disabled vehicles, tires, or debris of. any kind, nor impound nor permit to be impounded any water, on or over
<br />the entire area specifically covered by this easement; and the Grantor, his heirs, successors, and assigns, may build roads.
<br />streets or utilities which cross the pipelines located on the easement, but may not construct within and along said pipeline
<br />easement any such road, street, or utilities which run parallel therewith. Fences may be installed by the Grantor on or across the
<br />· easement, but only after obtaining advance written approval of the Grantee, and such fences must meet specifications of the
<br />Grantee for type and must provide accessibility to the easement suitable to Grantee. The Grantor, for himself, his heirs,
<br />successors, and assigns, further agrees not to build road, street or utility crossings, or fences, or to change the grade over the
<br />top of the pipeline in any manner which will reduce or increase the ground cover over said pipeline, unless approved in writing in
<br />advance by Grantee. Grantor shall notify Grantee in writing at least 30 days prior to any construction or maintenance activity
<br />within the area specifically covered by this easement to obtain such approval and to allow Grantee's representative to be present
<br />during such activity. Pipeline markers shall not be removed from the right of way.
<br />
<br /> Said easement is conveyed subject to any other easements, rights of way, restrictions and encumbrances as would be
<br /> reflected on an accurate survey of the premises, the public record or as would be evident by current use on the ground.
<br />
<br /> It is understood and acknowledged by the Undersigned that the person securing this grant is without authority io make any ·
<br /> agreement with regard to the subject matter hereof which is not expressed herein, and that no such agreement will be binding on
<br /> the Grantee.
<br />
<br />To have .and to hold said utility pipeline easement unto said· grantee, its successors, and assignees, until such' facilities be
<br />constructed and so long thereafter as PSNC facilities are maintained upon said land, and the undersigned hereby bind
<br />themselves, their heirs, executors, administrators, successors, and assignees to warrant and forever defend all and singular said
<br />premises unto the grantee, its successors, and assignees, against the claims of all persons whomsoever,
<br />
<br />IN WITNESS WHEREOF this instrument is signed and sealed this __
<br />
<br />day of ,2002.
<br />
<br />Form No. E-30C Rev 11-08-00
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