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103 <br /> <br /> There are no conditions to this DEED OF EASEMENT not expressed <br />herein. <br /> TO HAVE AND TO HOLD said temporary easement for highway <br />purposes, subject to the terms and provisions hereinabove set forth, <br />unto the DEPARTMENT, its successors and assigns, and the GRANTORS, <br />for themselves, their heirs, successors, executors and assigns, <br />hereby warrant and covenant that they are the sole owners of the <br />property; that they solely have the right to grant the said <br />temporary easement; and that they will warrant and defend title to <br />the same against the lawful claims of all persons whomsoever; and <br />the GRANTORS, for themselves, their heirs, successors, executors and <br />assigns, release the DEPARTMENT from any and all claims for damages <br />by reasons of said temporary easement herein conveyed over property <br />of the GRANTORS and the past and future use thereof by the <br />DEPARTMENT, its successors and assigns, for all purposes for which <br />the DEPARTMENT, its successors and assigns, is authorized by law to <br />subject the same, subject to the terms and provisions hereinabove <br />set forth. <br /> IN WITNESS WHEREOF, we have hereunto set our hand and affixed <br />our seals the day and year first above written. <br /> <br /> CABARRUS COUNTY <br /> BY: /s/ Billy J. Simmons, Jr, <br /> Chairman, Board of Commissioners <br />ATTEST: /s/ Frankie F. Bonds <br /> Clerk to Board <br /> <br />(S~L> <br />SFmL) <br /> <br />NORTH CAROLINA <br />COUNTY OF CABARRUS <br /> <br />STATE HIGHWAY PROJECT <br />8.1660601 <br />F.A. PROJECT BRS 2082(1) <br />PARCEL 3 ID NO. B-1078 <br /> <br /> THIS FEE SIMPLE DEED, entered into this the __ day of <br /> , 1991, by and between Cabarrus County hereinafter referred to <br />as the GRANTORS, and the DEPARTMENT OF TRANSPORTATION, an agency of <br />the State of North Carolina, hereinafter referred to as the <br />DEPARTMENT: <br /> W I TN E S S E TH: <br /> THAT the GRANTORS, for themselves, their heirs, successors, <br />and assigns, for and in consideration of the sum of $ <br />agreed to be paid by the DEPARTMENT to the GRANTORS, do hereby give, <br />grant and convey unto the DEPARTMENT, its successors and assigns, <br />in FEE SIMPLE the right of way located in Township, CABARRUS <br />County, North Carolina, which is particularly described as follows: <br /> <br />BEGINNING at the intersection of the southwestern property line of <br />the undersigned and Survey Line L; thence in a northwesterly <br />direction along the southwestern property line of the undersigned <br />to the point of intersection with the proposed northern right of way <br />boundary of the project, said right of way boundary at this location <br />being a straight line between a point lying 40 ft. north of and <br />normal to Survey Station 13+68.48, Survey Line L, and a point 50 <br />ft. north of and normal to Survey Station 16+50.89, Survey Line L; <br />thence in an easterly direction in a straight line to a point lying <br />50 ft. north of and normal to Survey Station 16+50.89, Survey Line <br />L; thence in a straight line in an easterly direction to a point <br />lying 50 ft. north of and normal to Survey Station 18+90.89, Survey <br />Line L; thence in a northeasterly direction 50 ft. northwest of and <br />parallel to Survey Line L to a point lying 50 ft. northwest of and <br />normal to Survey Station 30+65.47, Survey Line L; thence in a <br />northeasterly direction in a straight line toward to point lying 50 <br />ft. northwest of and normal to Survey Station 32+65.47, Survey Line <br />L, to the point of intersection with the northeastern property line <br />of the undersigned; thence in a southeasterly direction along the <br />northeastern property line of the undersigned to the intersection <br />with Survey Line L; thence in a westerly direction along Survey Line <br />L to the point of intersection with the eastern property line, if <br />extended, of the undersigned; thence in a southerly direction along <br />the eastern property line, if extended, and eastern property line <br />of the undersigned to a point lying 50 ft. south of and normal to <br /> <br /> <br />