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NORTH CAROLINA
<br />CABARRUS COUNTY
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<br /> 'THIS RIGHT-OF-WAY AND EASE1V[ENT, made and entered into tiffs __ day of
<br /> ,20__, by and between , of County, North
<br />Carolina, hereinafter referred to as "GRANTOR" (whether singular or plural), and the WATER AND
<br />SEWER AUTHORITY OF CABARRUS COUNTY, a public instrumentality created under Chapter
<br />162A of the General Statutes of North Carolina, hereinafter referred to as "WSACC" and/or
<br />"GRANTEE";
<br />
<br />WITNESSETH: that-
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<br /> FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable
<br />consideration in hand paid by WSACC to GRANTOR, receipt whereof is hereby acknowledged,
<br />GRANTOR does hereby give, grant and convey unto WSACC, its successors and assigns, a perpetual
<br />Right-of-Way and Easement of no more than ( ) feet in width to go in and upon
<br />GRANTOR'S real property located in No. __ Township, Cabarrus County, North Carolina, as more
<br />particularly described in a survey and map by , attached hereto as "Exhibit A,"
<br />and incorporated herein by reference, together with a construction easement ( ) feet
<br />in width on the ~ side of the permanent easement;
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<br /> AND TO CONSTRUCT, MAINTAIN AND OPERATE in, upon and through said premises a
<br />utility line(s) (water, sewer, reuse water or all), with all necessary pipes and/or appurtenances, together
<br />with the fight at all times of ingress, egress and regress thereon, and the right of entry upon said premises
<br />for the purpose of inspecting said line(s),-making repairs or alterations thereon, and/or clearing
<br />obstructions that may, in the opinion of WSACC, endanger or interfere with the proper maintenance and
<br />operation of the same.
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<br /> GRANTEE AND GRANTOR further agree that: (a) GRANTEE shall have such fight of
<br />ingress, egress, and regress over and upon any lands of the GRANTOR adjacent to or in the vicinity of
<br />the right-of-way/easement areas as may be necessary for the purposes of locating, laying, constructing,
<br />reconstructing, inspecting, operating, extending, maintaining, and otherwise keeping open and in good
<br />repair the sanitary sewer line(s), water line(s), or meter(s) for which the fight-of-way/easement is granted;
<br />Co) If adequate access is not provided by established means of approach, GRANTOR shall be
<br />compensated for any damage resulting at any time from the exercise of the fight of ingress, egress, and
<br />regress hereby granted; (c) In the event of disagreement at any time as to the amount of any such damage,
<br />one arbitrator shall be selected by the GRANTOR, one by the GRANTEE, and a third, if necessary, by
<br />the two so selected, and that the decision in writing of two of said arbitrators shall be final and binding
<br />upon the par~ies hereto.
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<br /> TO HAVE AND TO HOLD the aforesaid Right-of-Way and Easement unto WSACC, its
<br />successors and assigns forever;
<br />
<br /> AND THE GRANTOR, for GRANTOR, GRANTOR's heirs, successors, personal
<br />representatives and assigns, does hereby covenant with WSACC, its successors and assigns, that
<br />GRANTOR is seized of the premises in fee simple, that said premises are free from all encumbrances,
<br />that GRANTOR has good right and lawful authority to sell the same; and that GRANTOR will warrant
<br />and defend the said premises unto WSACC, its successors and assigns, against the lawful claims of all
<br />persons whomsoever.
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<br />Revised: 7/30/02
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