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erect, maintain, repair, rebuild, operate, and patrol one or more potable water or sanitary sewer public
<br />utilities, over ground or underground, including but not limited to, the right to install sewer pipes and
<br />related appurtenances; the right to clear the right of way and easement and keep it clear of brushes, trees,
<br />buildings, obstructions, and fire hazards; and the right to remove trees, if any, located beyond the limits of
<br />the right of way and easement, but which interfere with the right of way and easement, for the purpose of
<br />laying, constructing, and maintaining sanitary sewer line(s), in certain portions of the Tract consisting of
<br />approximately 14, 261 square feet, and more particularly described as follows:
<br />Lying and being in No. 1 Township, Cabarrus County, North Carolina, lying southeast of Holden Avenue
<br />S.W., and being part of the land described in Deed Book 8522, Page 77, and part of the land described in
<br />Deed Book 3127, Page 55, recorded in the Cabarrus County Register of Deeds, and being more
<br />particularly described as follows:
<br />Starting at a found #4 rebar on the eastern right -of -way margin of Rocky River Road (60' Public R /W),
<br />Thence S. 77 -51 -13 E. 2125.89 feet to a point on the shared property line of Rocky River Middle School
<br />(Deed Book 3127, Page 55) and Rocky River Church Road, LLC (Deed Book 8495, Page 109); being the
<br />POINT AND PLACE OF BEGINNING; Thence with the shared Middle School property line N. 75 -12 -33
<br />E. 8.88 feet to a point, being the POINT AND PLACE OF BEGINNING; Thence with a new line into
<br />Parcel "A" the following nine (9) courses and distances:
<br />1) N. 42 -52 -29 W. 94.41 feet to a point;
<br />2) N. 46 -52 -04 E. 107.05 feet to a point;
<br />3) S. 43 -09 -04 E. 30.00 feet to a point;
<br />4) S. 46 -52 -04 W. 77.19 feet to a point;
<br />5) S. 42 -52 -29 E. 125.01 feet to a point;
<br />6) S. 43 -14 -50 E. 239.97 feet to a point;
<br />7) S. 46 -45 -10 W. 30.00 feet to a point;
<br />8) N. 43 -14 -50 W. 240.06 feet to a point;
<br />9) N. 42 -52 -29 W. 20.34 feet to a point on the shared property line of the Middle
<br />School Property; Thence with a new line into the Rocky River Middle School property N. 42 -52 -29 W.
<br />40.22 feet to a point, returning to the POINT AND PLACE OF BEGINNING, and containing, 14,261
<br />square feet (0.327 acres), more or less.
<br />Together with any and all rights normally incident thereto, and particularly the right of ingress
<br />and egress thereto from time to time as necessary for construction, reconstruction, enlargement and /or
<br />maintenance.
<br />To have and to hold the same unto the GRANTEE, its successors and assigns forever.
<br />This agreement shall not be interpreted to impose any duty on the GRANTEE, its
<br />successors and assigns to install any sanitary sewer lines by any particular date or within any
<br />particular time frame.
<br />The GRANTOR shall have the right to use the above - described property for purposes not
<br />inconsistent with GRANTEE's full enjoyment of the rights hereby granted, provided that the GRANTOR
<br />shall not erect or construct any building or other structure thereon; maintain or permit any underground or
<br />over ground system of piping, poles or wiring within such strip; make any use of the facilities installed,
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