AG 2002 04 15 (Regular) - Laserfiche WebLink

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RIGHT OF WAY AGREEMENT STATE OF NORTH CAROLINA COUNTY OF CABARRUS TOWNSHIP NO: 3 STATE PROJECT: 6.662431 IMPROVEMENT: SR 1901 (Shimpock Road) CABARRUS COUNTY the undersigned o .wners of that certain property described in Deed Book 1615, at Page(s) 0265 in the Register of Deeds Office of Cabarms County, and recognizing the benefits to said property by reason of the construction of the proposed highway development, and in consideration of the construction of said project, hereby grants to the North Carolina Departmem of Transportation the right of way as herein described and releases the Department fi:om all claims for damages by reason of said right of way hcross the lands of the undersigned, and of the past and future use thereof by the Department its successors and assigns, for all purposes for which the Department is authorized by law to subject such right of way; said right of way being' the width indicated and across said property as follows: 50 ft. in width measured 25 ft. on each side of the centerline of the road, said centerline to be located by the Department and the construction or improvement of said road shall constitute the selection of said centerllne; and such additional widths as might be necessary to provide for cut and fill slopes, sedimentation control, and drainage of road. This agreement also includes as right of way the following described areas: AREA 1: BEGINNING at the point of intersection of thc centerline of NC 136 Hwy. with the centerline of SR 1901 (Shimpock Road), measure 150 ft. along the centerline of NC 136 Hwy. in a southwesterly direction setting Point A. Beginning again at said intersection, measure 150 ft. in a southeasterly direction along thc centerllne of SR 1901 setting Point B. The additional right of way comprises, the triangle bounded by the t~vo roads and a straight line from Point ^ to Point B. AREA 2: ' BEGINN-~O at the point of intersection of the centerline of NC 136 HWY. with the centerline of SR 1901 (Shimpock Road), measure 150 ft. along the centerline of NC 136 Hwy. in a northeasterly direction setting Point A. Beginning again at said intersection, measure 150 ft. in a southeasterly direction along the canterline of SR 1901 setting Point B. The additional right of way comprises the triangle bounded by the two roads and a straight line fi:om Point A to Point B. It is understood and agreed that the 50-ft. right of way hereinabove referred to has been staked upon the ground and the center line of the road is located in the center of the right of way stakes. The undersigned · property owners further agrees not to erect any structures, including masonry mailboxes, masonry driveway headwalls, any fencing, etc., or engage in cultivation within the right of way granted herein except as approved by the North Carolina Department of Transportation pursuant to G. S. 136;93 and N. C. Admin. Code T. 19A, r.02E.0404. It is further understood and agreed that should circumstances, conditions, or actions by the North Carolina Department of Transportation delay or delete the proposed improvement of said'road, that the right of way granted herein shall remain until such time as released by the North Carolina Department of Transportation. There are no conditions to this agreement not expressed herein. The undersigned hereby covenant and warrant that they are the sole owners of said property; that they solely have the right to grant this right of way, and that they will forever warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, GRANTOR, pursuant to a resolution dated , has mused this instrument to be signed in its corporate name by ks'CHAIRMAN OF THE CABARRUS COUNTY BOARD OF COMMISSIONERS, its corporate seal hereto affixed, and attested by its CLERK OF TI-IE CABARRUS COUNTY BOARD OF COMMISSIONERS, by order of the CABARRUS COUNTY COMMISSIONERS, this the day and year first above written (For Improvement of Secondary Road) ARC:ac