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~ 49? ~ 190 <br /> <br /> To find the poln~ of beginning, con~ence at an existing iron <br /> pipe located ~t the cem_mon corner between the properties <br /> previously owned by Edwin h. Morris (Tract No. 3), the property <br /> previously owned by W. L. Morris, Jr. (Tract NO. 6), and the <br /> property owned by Simmons-Miles Corp. (now or formerly) and <br /> runs thence with the common dividing line between the former <br /> Edwin A. Morris (now Philip Morris Incorporated) and the <br /> Simmons-Miles Corp~.property S. 11-09-47 E. 207.262 feet to an <br /> existing iron pipe; continue with another common dividing line <br /> between the former Edwin A. Morris property (now Philip Morris <br /> Incorporated) and the Simmons-Mil~s Corp. property S. 42-03-45 <br /> W. 1,167.69 feet to a ~oint the true point or place of <br /> Beginning; and said center line of the e~sement or right-of- <br /> way runs thence S. 57-11-20 E. 553.70 feet to 5 point in the <br /> center line of Farmwood Drive (State Road 1541); thence with <br /> the center line of Farmwood Drive S. 19-51-12 E. 1,045.35 feet <br /> to a point in the center line of Roberta Road. Said easement <br /> is further shown.on that certain plat of survey designated <br /> "Property of Edwin A. ~.~orris" dated February 11, 1978 prepared <br /> by Rice Associates and duly filed for record in Plat Book 16 <br /> at page 70 of the Cabarrus County, N. C. Public Registry, <br /> reference to which is hereby made; and <br /> <br /> ' (2) in addition to the rig~t-of-way hereinabove descrf, bed an <br /> additional right-of-way across the fee simnle property of the <br /> undersigned extending from the common boundary line between the <br /> · ~ undersigned and the Simmons-Miles Corp. property up'to the eastern <br /> boundary line of the Board of Education property 60 feet in width' <br /> measured 30 feet on each side of the center line of said proposed <br /> road right-of-way and such additional width as might be necessary <br /> to provide for cut and fill slooes, and drainage of road which such <br /> additional 60 foot right-of-way has been staked'out uuon the fee <br /> simple property of the undersigned and the center lin~ of the road <br /> shall be located in the center of the right-of-way of stakes. <br /> <br /> It is further agreed that the property owner will erect no <br /> fencing nor engage in cultivstion of the right-of-way described in <br />-.. No. 2 hereof. This Agreement also includes the right by the <br /> Department of Transportation to secure fill dirt from an approximately <br /> 8 acre tract of land of the undersigned's fee simple property <br /> located to the east of the existing Board of Education property <br /> line between such property line and that of Si~ons-~4iles Corp. <br /> provided that the said Department of Transportation shall restore <br /> such borrow pit in a workmanlike manner. <br /> <br /> -2- <br /> <br /> <br />