BC 1980 04 14 - Laserfiche WebLink

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389 STATE OF NEW YORK COUNTY OF NEW YORK I, a Notary Public for said County and State aforesaid, certify that personally came before me this day and acknowledged that he/she is the Assistant Secretary of PHILIP MORRIS INCORPORATED, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by its Assistant Secretary. Witness my hand and official seal, this day of , 1980. My Commission Expires: Notary Public (NOTARIAL SEAL) STATE OF NORTH CAROLINA COUNTY OF CABARRUS SEWER LINE EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT CABARRUS COUNTY, a political subdivision of the State of North Carolina (hereinafter called "County") pursuant to Sewer Line Agreement dated , 1979, as amended by First Amendment to Sewer Line Agreement dated , 1980, and in consideration of the payment to County of the required Capital Reimbursement Front Footage Charge of Six Thousand Four Hundred Twenty Two Dollars ($6,422.00) by PHILIP MORRIS INCORPORATED, a Virginia Corporation (hereinafter called "Philip Morris"), the receipt whereof is hereby acknowledged and for other good and valuable consider- ations, does hereby grant unto Philip Morris and its successors and assigns, the right, privilege and easement to go in and upon the following described property (the "Easement Property"): A permanent right-of-way over a strip of land twenty feet in width, together with a temporary construction right-of-way over a strip of land which includes the permanent righi-of-way land and is forty feet in width, in Cabarrus County, North Carolina, as more particularly described by the legal description attached hereto as Exhibit "A" and made a part hereof by reference. AND to construct and maintain in, upon and through the Easement Property in a proper and workmanlike manner, with all necessary pipes, fittings and customary appurtenances, a sewer line or lines, together with the right at all reasonable times to enter upon the Easement Property for the purposes of inspecting and maintaining said sewer line or lines and making all necessary repairs and alterations thereon, including the right to haul with necessary conveyances materials onto the Easement Property for said purposes; and together with the right to cut away and keep clear of said sewer line or lines all trees and other obstructions that may endanger or interfere with the proper maintenance and operation of said lines; and the right at all times of ingress, egress and regress to, over, under and through such Easement Property for such purposes; PROVIDED, that the grant of this Easement is made subject to the following terms and conditions: 1. County hereby grants to Philip Morris the right to install in the Easement Property a sewer line or lines for the purpose of serving the Philip Morris property with public sewage service through an already existing and operating sewer line (the "ExiSting Sewer Line") owned by County and operated by the Board of Light and Water Commissioners for the City of Concord (the "Board") on County land near the County Public Health Building. The exact location of the Existing Sewer Line is more particularly described in that certain Lease Agreement between County and the Board dated January 21, 1977 the terms of which are incorporated herein by reference. 2. This Easement is granted pursuant to the authority of that certain Sewer Line Agreement dated , 19 between County, Philip Morris and the Board, as amended by First Amendment to Sewer Line Agreement dated , 1980, and all the terms and provisions of such Agreement as amended are incorporated herein by reference. 3. This Easement is granted subject to the rights-of-way across portions of the Easement Property in favor of the North Carolina Department of Transportation for Union Cemetery Road and Highway 601 Bypass.