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Form prepared under supervision of:
<br /> David L. Forbes, General Attorney
<br /> AT&T CORP., a New York Corporation
<br />
<br />After recording, mail to:
<br /> Land Acquisitions, Inc.
<br /> 118 North Ellis Street, Suite 1
<br /> Salisbury, NC 28144
<br />
<br />NC LONG FORM
<br />Line: Greensboro-Charlotte
<br />Survey Sta.: .-- to __
<br />Marker: to
<br />~ TRACT: NC-CA-008000
<br />
<br />COMMUNICATIONS SYSTEMS RIGHT-OF-WAY AND EASEMENT AGREEMENT
<br />
<br /> KNOW ALL MEN BY THESE P~ESENT.~: That the~undersigned, (hereinafter called "Gj'antor"), for
<br /> and in consideration of the sum of
<br /> ~ ~ ($. 5-~D, ~'-~ .) Dollars, in hand paid, the receipt of which is hereby acknowledged,
<br /> and upon the terms hereinafter set forth, does hereby grant, bargain, sell and convey unto AT&T CORP., a
<br /> New York Corporation, (hereinafter called "Grantee"), a perpetual right-of- way and easement
<br />..~' ~-~_~o -~,~. [~-~ ( IG ~..~L ) in width within which to construct, reconstruct, operate, maintain, alter,
<br />replace and remove communications systems such as Grantee may from time to time require, consisting of,
<br />by way of example but not limitation, underground lightguide fiber optics cable systems, splices, wires,
<br />surface testing terminals, manholes, markers, regeneration huts and other appurtenances, upon, over, under
<br />and through certain lands of Grantor located in Cabarrus County, North Carolina, and more particularly
<br />described as follows:
<br />
<br />Being a tract of land in the No. 5 Township, Cabarrus County, North Carolina, referred to as
<br />Parcel 2654 of Map 5643.04 of the existing tax maps of said county and more particularly
<br />described in a deed dated 11-1970 from J. Lee Pharr and Emmy L. Pharr to Cabarrus County,
<br />recorded in Deed Book 408, Page 159 in the Register of Deeds Office of said county.
<br />
<br /> The Westerly boundary of the right-of-way and easement shall be parallel to and Five (~)
<br /> feet West of the first cable laid, along the entire length of such cable across the property of Grantor.
<br /> The approximate location of such cable may be indicated upon surface markers set at intervals along the
<br />jht-of-way and easement or in th.~ vicinity thereof. Grantee also shall have the right to use a strip of land
<br />,4,'~L/7'~,~'~' ~.¢).,,~ ~C (3~ ~",~.- ) feet in width, adjacent to the easement, and running the length
<br />{hereo{~, as temporary work space during any construction related to the communications systems.
<br />
<br />Grantor further conveys to Grantee the following incidental rights and powers:
<br />
<br /> 1) Grantee shall have the right to inspect the said communications systems and appurtenances by
<br />any reasonable means including by aerial patrol.
<br />2) Grantee shall have the right to install gates in fences crossing the right-of-way and easement.
<br />3) Grantee shall have the right to install facility identification markers along or in the vicinity of the
<br />right-of-way and easement at locations that will not unreasonably interfere with Grantors use of the land in
<br />any manner not inconsistent with the rights herein granted.
<br /> 4) Grantee shall have the rights of ingress and egress to and from the said right-of-way and
<br />easement across the surrounding lands of Grantor for alt purposes reasonably related to the exercise and
<br />enjoyment of all rights herein granted.
<br /> 5) Grantee shall have the right to clear and keep clear from the area of the easement all trees,
<br />overhanging limbs, roots, brush and other obstructions from the surface and subsurface of said strip.
<br /> 6) Grantee shall have the right, during all periods of construction, reconstruction, repair and removal,
<br />to use such additional work space as may be needed at stream and/or road crossings.
<br />
<br /> Grantor reserves the right of full use and enjoyment of its lands, except for the purposes herein
<br />granted, provided that such use and enjoyment shall not hinder, conflict or interfere with the exercise of
<br />Grantee's rights hereunder, and Grantor covenants that no excavation, building, structure or obstruction will
<br />be made, constructed, or permitted within the area of the permanent right-of-way and easement herein
<br />described without Grantee's prior written consent.
<br />
<br /> Grantee, insofar as it is practicable to do so, shall place all communications systems cables at a
<br />sufficient depth at the time of construction so as not to interfere unreasonably with the ordinary cultivation of
<br />the right-of-way and easement and shall restore the surface of the ground, so far as is practicable, to its
<br />condition pdor to the installation of the communications systems.
<br />
<br /> Grantee shall pay to Grantor a reasonable amount for actual damages to crops, timber, livestock,
<br />fences, tile drain, buildings, private roads and other improvements, caused by Grantee on said lands in the
<br />exercise of the rights herein granted.
<br />
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