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Remm to: N.C. Dept. of Traasporiatio~, Right of Way Dept., 205 Charter Str¢:t, Albemarle, NC 28001
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<br />NORTH CAROLINA
<br />COUNTY OF
<br />TAX MAP AND LOT
<br />
<br />Cabarrus
<br />
<br />STATE HIGHWAY PROJECT 8.1661005
<br /> F.A. PROJECT. STPTNHF(49)9
<br /> I.D. NUMBER R-2533A
<br /> PARCEL NUIv~ER 128
<br /> ROUTE NC Hwy. 49 .
<br />
<br /> THIS DEED, made and entered into this the day of ,20 , by and between
<br />CABARRUS COUNTY BOARD OF EDUCATION, hereinafter referred to as the GRANTORS, and the Department
<br />of Transportation, an agency of the State of North Carolina, hereinafter referred to as the DEPARTMENT:
<br />
<br />WITNESSETH
<br />
<br /> Tl~t the G~ORS, for themselves, their heirs, successors, and assigns, for and in consideration of the sum
<br />of $500.00 agreed to be paid by the DEPARTMENT to the GRANTORS, do hereby give, grant and convey unto the
<br />DEPAKTM~NT, its successors and assigns, in FEE SIMPLE, or by easement as indicated, that certain property located
<br />in No. 1 Township, Cabarrus County, North Carolina, which is particularly described as follows:
<br />
<br />BEGINNING at the southeastemmost property comer of the undersigned, common with Cabarrus County, now
<br />or formerly;, thence in a northwesterly direction along a southwestern property line of the undersigned, common
<br />with the existing northeastern right of way boundary of SR 1156, Central Heights Drive to the point of
<br />intersection with a northwestern property line of the undersigned, common with Julie Riley, now or formerly;
<br />thence in a northeasterly direction along a northwestern property line of the undersigned, common with Julie
<br />Riley, now or formerly to a point I0 m. (32.81 ft.) northeast of and normal to Survey Line Y-18; thence in a
<br />southeasterly direction 10 m. (32.81 ft.) northeast of and parallel to Survey Line Y-18 to the point of
<br />intersection with a southeastern property line of the undersigned, common with Cabarrus County, now or
<br />'formerly; thence in a southwesterly direction along a southeastem property line of the undersigned, common
<br />with Cabarrus County, now or formerly to the point of BEGINNING.
<br />
<br />TEMPORARY CONSTRUCTION EASEMENT AREA IS DESCRIBED AS FOLLOWS:
<br />
<br />Aa asea outside of and adjacent to the proposed northeastern right of way boundary of the project, zaid area having a
<br />maximum width of 5.5 m. (18.04 fL) lying northeast of and between the northwestern property line of the undersigned and
<br />the southeast~-n property line of the undersigned.
<br />
<br /> The p~.':rty hereinabove described was acquired by the GRANTORS by instrument(s) recorded the Cabarms
<br />County Registry ia Deed Book 350 Page 480.
<br />
<br /> The final fight of way plans showing the above described property are to be certified and recorded in the Office
<br />of the Reg/ster of Deeds for said County pursuant to N.C.G.S. 136-19.4, reference to which plans is hereby made for
<br />purposes of further description.
<br />
<br />This DeBt is subject to the following provisions only:
<br />
<br />It is understood and agreed that the Department shall have the right to construct and maintain the cut and/or fill
<br />slopes in the above described Temporary Construction Easement Area until such time that the property owners
<br />alter the adjacent lands in such a manner that the lateral support of the cut and/or ftll slopes is no longer needed.
<br />Any additional censtmction areas lying beyond the cut and/or fill slopes and extending beyond the right of way
<br />limits will terminate upon completion of the project.
<br />
<br />We, the undersigned property owners, request that the Department enter upon our lands outside of the fight of
<br />way to the extent as is necessary to reconnect our driveway and we will have no claims for damages as a result
<br />of the recormection of said driveway.
<br />
<br /> The Grantors by the execution of this instrument, acknowledge that the plans for the above referenced project
<br />as they affect their remaining property have been fully explained to them or their authorized representative, and they do
<br />h~eby release the Grantee, its successors and assigns from any and all claLms for damages resulting from the
<br />construction of said project or from the past, present or future use of said premises herein conveyed for any purpose for
<br />which the said Department is authorized by law to subject the same.
<br />
<br /> TO HAVE A_ND TO HOLD the aforesaid premises and all privileges and appurtenances thereunto belonging to
<br />the DEPARTMENT, its successors and assigns in FEE SIMPLE, or by easement as indicated, for the past present and
<br />future use therenf and for all purposes which the said Department is authorized by law to subject the same.
<br />
<br />Pagel ~.]~
<br />TRF:mbl
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