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STATE OF NORTH CAROLINA <br />COUNTY OF CABARRUS <br />CITY OF CONCORD <br /> <br />Job No. Parcel 5509405700 <br />Grant of Right of Way to the <br />City of Concord, N.C. for Electric Utility Purposes <br />(With Lien Subordination) <br /> <br /> The undersigned Grantor(s), in consideration of payment to Cabarrus County Schools the sum of Fifty Thousand <br />and 00/100 Collar(s), ($50,000.00), the receipt and sufficiency of which is hereby acknowledged, does (do) hereby grant, <br />bargain, sell and release unto the City of Concord, N.C. ("Grantee"), its successors, assigns and licenses, the dght, privilege <br />and easement to enter and re-enter at any time and to install, dig,. build, erect, maintain, repair, rebuild, operate, and patrol <br />one or more electric power transmission lines and/or other public utilities over ground or underground, and one or more <br />telephone, cable television, fiber optic or communications line(s) over ground or underground, including the right to' erect poles <br />and other transmission line structures, wires, cables, pipes, and any necessary appurtenances for the proper conduct of <br />electricity, electronic information, data, communications, and other public utilities; the right to clear the dght of way and keep it <br />clear of brushes, trees, buildings, and fire hazards; and the right to remove trees, il: any, located beyond the limits of the right <br />of way, but which inter/ere with the dght of way; the above described rights being incident to performance by the Grantee of its <br />functions as a municipality or as the operator of any public utilities system, or the performance by any licensee of the Grantee <br />of any public utilities functions, the premises to be affected hereby being as follows: <br /> <br />DESCRIPTION OF RIGHT OF WAY <br /> <br /> All that certain strip of land situated in Cabarrus County, North Carolina, within the boundaries of or in the vicinity of Pitt <br />School Road., same being 50 feet in width and extending from the north property line adjoining the Mords Family Limited <br />Partnership, along Pitts School Road, to the south property line adjoining BFI Waste Systems of North America, Inc. for <br />approximately 2,550 feet. Riqht-of-Way shall be adiacent fo and parallel with the exist/nd D.O.T. Riqht-of-Way of Pitts School <br />Road. A total width and lendth as shown on attached draw/hq entitled "Electric Riqht-of-Way". <br /> <br /> Together with any and all rights normally incident thereto, and particularly the dght of ingress and egress thereto from <br />time to time as necessary for construction, reconstruction, enlargement and/or maintenance. <br /> To have and to hold the same unto the City of Concord, N.C., its successors and assigns forever. <br /> And the Grantor(s) hereby represent(s) that said premises are owned by the undersigned in fee and are not subject <br />to any mortgage or lien whatsoever, except as follows: ' the holder of such <br />encumbrance(s), by joining in the execution hereof, hereby waive(s) in favor of and subordinates to the rights hereby granted. <br /> <br /> The Grantor(s) shall have the dght to use the above-described stdp for purposes not inconsistent with Grantee's full <br />enjoyment of the dghts hereby granted, provided that the Grantor(s) shall not erect or construct any building or other structure <br />thereon; maintain or permit any underground or over ground system of piping, poles or wiring within such sthp; make any use <br />of the facilities installed, buried, erected, or constructed thereon; or drill or operate any well or septic system within such strip, <br />without the express written permission of the Grantee. <br /> <br /> The Grantor(s) and Grantee, as evidenced by their execution and acceptance hereof, have made the following special <br />agreement in connection herewith: <br /> <br />IN WITNESS WHEREOF these presents have been duty executed under seal by the Grantor (s) on this the. <br />day of ,20. <br /> <br />IN THE PRESENCE OF: CABARRUS COUNTY <br />#1 .(CHAIRMAN) <br />#2 ATTEST: .(CLERK) <br /> CABARRUS COUNTY SCHOOLS <br />#1 .(CHAIRMAN) <br />¢¢2 ATTEST: (CLERK) . <br /> Witnesses Grantor (s) and/or Lienholder (s) <br /> <br /> STATE OF NORTH CAROLINA <br /> CABARRUS COUNTY <br /> I, , a Notary Public in and for said County and State, do hereby certify that <br /> personally appeared before me this day and acknowledged that he/she is the <br />Clerk of the Cabarrus County Board of Education, and that by authority duly given and as an act of the Cabarrus County Board <br />of Education the foregoing instrument was signed by its Chairman and attested by him/herself as its Clerk and sealed with the <br />common seal of Cabarrus County Board of Education. <br /> <br />WETNESS my hand and Notarial Seal this the day of <br /> <br />,20 <br /> <br />My Commission Expires: <br /> <br />Notary Public <br /> <br />(SEAL) <br /> <br />STATE OF NORTH CAROLINA <br />CASARRUS COUNTY <br /> I, a Notary Public in and for said County and State, do hereby certify that <br /> personally appeared before me this day and acknowledged that he/she is the <br />Clerk of the Cabarrus County Board of Commissioners, and that by authority duly given and as an act of the Cabarrus County <br />Board of Commissioners the foregoing instrument was signed by its Chairman and attested by him/herself as its Clerk and <br />sealed with the common seal of Cabarrus County Board of Commissioners. <br /> <br /> <br />