S Deed of Hyw Right of Way Smith Level Road

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Revenue Stamps $ . DEED FOR HIGHWAY RIGHT OF WAY i THIS INSTRUMENT DRAWN BY Joseph F. Parrish CHECKED BY ~ The hereinafter described property ^ Does ® Does not include the primary residence oft rantor. RETURN TO: Lois Little, Division Right of Way Agent - NCDOT PO Box 14996 Greensboro, NC 27415-4996 NORTH CAROLINA TIP NO.: COUNTY OF Orange WBS ELEMENT: TAX MAP AND LOT 9777487979 TIP/PARCEL NO.: DESCRIPTION U-2803 34860.2.1 U-2803 001 Smith Level Rd (SR 1919) THIS FEE SIMPLE DEED, made and entered into this the day of 2011 by and between Orange County 131 West Margaret Lane Hillsborough, NC 27278 hereinafter referred to as GRANTORS, and the Department of Transportation, an agency of the State of North Carolina, 1546 Mail Service Center, Raleigh, NC 27611, hereinafter referred to as the Department; WITNESSETH That the GRANTORS, for themselves, their heirs, successors, and assigns, for and in consideration of the sum of $ 1.00 agreed to be paid by the DEPARTMENT to the GRANTORS, do hereby give, grant and convey unto the DEPARTMENT, its successors and assigns, in FEE SIMPLE that certain property located in Chapel Hill Township, Orange County, North Carolina, which is particularly described as follows: Point of beginning being N 62^08'17.1" W, 29.414 feet from -L- Sta. 13+00; thence to a point on a bearing of N 28^05'9.2" E, 51.012 feet; thence to a point on a bearing of N 89^33'43.9" W, 23.417 feet; thence to a point on a bearing of S 27^51'42.9" W, 40.226 feet; thence to a point on a bearing of S 62^08'17:1" E, 20.586 feet; returning to the point and place of beginning. Having an approximate area of 0.022 acres. IN ADDITION, and for the aforestated consideration, the GRANTORS further hereby convey to the DEPARTMENT, its successors and assigns the following described areas and interests: Aerial Utility Easement described as follows: Point of beginning being N 62^08'17.1" W, 50.000 feet from -L- Sta. 13+00; thence to a point on a bearing of N 27"51'42.9" E, 40.226 feet; thence to a point on a bearing of N 89^33'43.9" W, 6.760 feet; thence to a point on a bearing of S 27^51'42.9" W, 37.113 feet; thence to a point on a bearing of S 62^08'17.2" E, 6.000 feet; returning to the point and place of beginning. Having an approximate area of 0.005 acres. Said Aerial Utility Easement in perpetuity is for the installation and maintenance of an aerial utility facility, and for all purposes for which the DEPARTMENT is authorized by law to subject same. The Department and its agents or assigns shall have the right to construct and maintain in a proper manner in, upon and through said premises an aerial utility facility with all necessary poles and appurtenances, together ~.:~ith the right at all tmmes to enter said premises for the purpose of inspecting said utility lines and making all necessary repairs and alterations thereon; together with the right to cut away and keep clear of said utility lines, all trees and other obstructions that may in any way endanger or interfere with the proper maintenance and operation of the same with the right at all times of ingress, egress and regress. It is understood and agreed that the Department shall have the right to construct and maintain the cut and/or fill slopes in the above-described aerial utility easement. It is further understood and agreed that said aerial utility easement shall be used by the Department for additional working area during the above described project. SPECIAL PROVISIONS. This deed is subject to the following provisions only: NONE FRM7-A Page 1 of 2