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UTILITY EASEMENT
<br />PREPARED BY: Jane Foy Painter, Mullen, Holland, & Cooper, P.A., Attorneys at Law
<br />RETURN TO: PSNC Energy
<br />(Attn: Brian Slagle, Engineering Dept.)
<br />800A Gaston Road
<br />Gastonia, North Carolina 28053
<br />STATE OF NORTH CAROLINA COUNTY OF CABARRUS Project No. 0065444
<br />Know all men by these presents that for and in consideration of the sum of One Dollar ($1.00) and other valuable
<br />consideration paid to CABARRUS COUNTY, a body politic and political subdivision of the State of North Carolina
<br />(hereinafter designated "Grantor"), the receipt of which is hereby acknowledged, the Grantor hereby bargains, sells, and
<br />conveys unto Public Service Company of North Carolina, Incorporated, a South Carolina corporation, dba PSNC
<br />Energy (hereinafter designated "Grantee"), and its successors and assigns, a perpetual and exclusive utility easement ten
<br />(10) feet in width for the purpose of installing, laying, constructing, maintaining, operating, repairing, altering, replacing,
<br />and removing gas pipeline equipment (including but not limited to valves, regulators, meters, fittings, appliances, tie -overs,
<br />pipe line markers, communications and corrosion control equipment, fencing, appurtenant facilities, and multiple gas
<br />lines) for the transportation and control of natural gas under, upon, over, through and across lands of Grantor, or in which
<br />Grantor has interest situate in Cabarrus County, North Carolina as conveyed to the Grantor by those deeds recorded in
<br />Book 12097 at Pages 185 and 189 in the Cabarrus County Registry, together with rights of ingress and egress over and
<br />across the easement and the remaining lands of the Grantor for the purpose of obtaining access to and from the
<br />easement. The easement shall be generally located as shown on Exhibit "A" drawings attached hereto and incorporated
<br />herein by reference. The centerline of the pipeline as installed and/or constructed shall be the centerline of the ten (10)
<br />foot easement hereby conveyed.
<br />The Grantee shall have the right to assign this Easement in whole or part at any time
<br />The Grantee shall have the right to remove all trees, undergrowth, and other obstructions which may be located within the
<br />easement that may injure, endanger, or interfere with the construction, operation, maintenance, and repair of the pipeline.
<br />The Grantor may make full use and enjoyment of the lands and premises included within the easement herein granted in
<br />any manner not inconsistent with the use and purpose of said land by the Grantee; provided, however, that the Grantor,
<br />its successors and assigns, shall not construct nor permit to be constructed any house or other permanent structure, nor
<br />plant trees or large shrubs, nor allow to be placed or installed any other obstruction, temporary or permanent, that could
<br />damage the pipeline or interfere with operation, maintenance or repair of the pipeline by the Grantee, including, but not
<br />limited to the accumulation of garbage, rubble, disabled vehicles, tires, or debris of any kind, nor impound nor permit to be
<br />impounded any water, on or over the entire area specifically covered by this easement. The Grantor, its successors, and
<br />assigns, may build roads, streets or utilities which cross the pipeline located on the easement, but may not construct
<br />within and along said pipeline easement any such utilities which run parallel therewith. Utility crossings of the pipeline
<br />must provide a minimum two (2) feet vertical clearance above or below the pipeline. Fences may be installed by the
<br />Grantor crossing the easement, but only after obtaining advance written approval of the Grantee, and such fences must
<br />meet specifications of the Grantee for type and must provide accessibility to the easement suitable to Grantee. The
<br />Grantor, for itself, its successors, and assigns, further agrees not to build road, street or utility crossings, or fence
<br />crossings, or to change the grade within the easement in any manner which will reduce or increase the cover over the
<br />pipeline or within the easement, unless approved in writing in advance by Grantee. Grantor shall notify Grantee in writing
<br />Page 85
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