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AG 2002 01 28 (Regular)
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AG 2002 01 28 (Regular)
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Last modified
3/2/2006 5:00:54 PM
Creation date
11/27/2017 11:42:27 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/28/2002
Board
Board of Commissioners
Meeting Type
Regular
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I <br />! <br /> <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br />I <br /> <br />81/21/2882 16:25 784-788-8858 HARTSELL & WHITE PAGE 87 <br /> <br />STAT~ OF NORTH CAKOL~A <br />COUNTY OF CABARKUS <br /> <br />DEED OF EASEMENT AND RESTRICTIVE COVENANT <br /> <br /> TH'iS DEED OF EASEMENT ("Basomcnt") is made thi, ~ day of September, 2001, <br />by ERJOLA 550 KINDE~CK, LLC, a Delaware limited liabilffy company, and <br />ROBERT W. BURK~TT (together, "Grantor"), to CABA.RRUS COUNTY, a body politic and <br />political subdivision of the State of'North Carolina ("County"). <br /> <br />STATEMENT OF PUtLPOSE <br /> <br /> By deed dated March 22, 2001 md recorded in Book 3159, Page 61 of the Cabarms <br />County Registry, Orantor deeded 78.92 acres of real property, a portion of the property to be <br />known as The Villages at Moss Creek subdivision, to County for the purpose of constructing two <br />(2) public schools. The parties now wish to create a thirty foot (30') wide buffer easement on the <br />remaining property of Grantor adjokfing the northwestern boundary of the prop-~y conveyed to <br />County in order to screen noise and views between the school and the subdivision property, all as <br />more particularly ~et forth h~re~. <br /> <br />AGREEI~NT <br /> <br /> FOR AND IN CONSIDERATION OF the mutual covenants, warranties and promises <br />herein and for other good and valuable considerztl.on, the receipt s:nd sufficiency of which ~.~ <br />hereby acknowledged, and intending to be legally bound hereby, Grantor does hereby give, grant <br />and convey to County, its successors and assigns, upon the terms and conditions herein, a <br />perpetual, apPurt,nant, non-exclusive buffer easement benefiting the School Property (as defined <br />below) Md burdening the Grantor's Property (as defined below) for the purpose of creating a <br />buffer betwem, the property of Grantor and the schools to be built on the property of County. The <br />real property of Grantor is located in Cabarms County, North Carolina, and known as Cabarrus <br />County tax parcel 4681-15-6340, and described in deed book 3159, page 58, Cabarrus County <br />Registry C'Orantor's Property"). Thc real property of County is located in Cabarrus County, <br />North Carolina, and known as Cabarrus Comity tax parcel 4681-15-7264, and described in deed <br />book 3159, page 61, Cabarrus County Registry (''School Property"). <br /> <br /> 1. Buffer Easement. Grantor hereby grant~ to County a thirty foot (30') wide <br />perpetual, appurtenant, non-excludve easement ('~asemont") for the pm-pose of thc installation <br />and maintenance of a landscaped buffer of planted bushes, trees and like material between the <br />residential use planned for Grantor's Property and the School Property. The Easement shall be <br />thirty feet (30') in width and shall run parallel with and adjacent to the northwestern border of <br />the School Property adjacent to Grantor's Property, beginning at the joint comer of Grantor and <br />County in the Rocky River and extending N 50-25-12 E 1657.33 feet ("Easement Area"). <br /> <br />J&B 8/28/01 2:27 PM <br /> <br /> rlra~m by and m~il ~: <br /> Zachary M. Moritz, Esq. <br />J&B Developra, at sad Managcmmh Inc. <br />~ 179 Davidson Highway <br /> Concord, N.C. 28027 <br /> <br /> <br />
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