S Deed of Hyw Right of Way Smith Level Road

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34860.2.1 The property hereinabove described was acquired by the GRANTORS by instrument(s) recorded in the ' Orange County Registry in Deed Book 4246 Page 161 The final right of way plans showing the above described right of way are to be certified and recorded in the Office of the Register of Deeds for said County pursuant to N.C.G.S. 136-19.4, reference to which plans is hereby made for purposes of further description and for greater certainty. The Grantors acknowledge that the project plans for Project # 34860.2.1 have been made available to them. The Grantors further acknowledge that the consideration stated herein is full and just compensation pursuant to Article 9, Chapter 136 of the North Carolina General Statutes for the acquisition of the said interests and areas by the Department of Transportation and for any and all damages to the value of their remaining property; for any and all claims for interest and costs; for any and all damages caused by the acquisition for the construction of Department of Transportation Project # 34860.2.1 Orange County; and for the past and future use of said areas by the Department of Transportation, its successors and assigns for all purposes for which the said Department is authorized by law to subject the same. TO HAVE AND TO HOLD the aforesaid premises and all privileges and appurtenances thereunto belonging to the DEPARTMENT, its successors and assigns in FEE SIMPLE, or by easement as indicated, for the past, present and future use thereof and for all purposes which the said Department is authorized by law to subject the same. And the GRANTORS covenant with the DEPARTMENT, that the GRANTORS are seized of the premises in fee simple, have the right to convey the same in fee simple, or by easement as indicated, that the title thereto is marketable and free and clear of all encumbrances, and that the GRANTORS will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is hereby conveyed subject to the following exceptions: NONE IN WITNESS WHEREOF, the GRANTORS have hereunto set their hands and seals (or if corporate, has caused the instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors) the day and year first above written. ORANGE COUNTY BY: (County Manager) (County Clerk) (SEAL) (SEAL) (SEAL) (SEAL) ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION BY: North Carolina, County 1, , a Notary Public for County, North Carolina, certify that ,CLERK of Oran a County, personally came before me this day and being duly sworn, says that he/she knows the common seal of Orange County, and is (Official Seal) acquainted with ,MANAGER of Orange County, and that he/she is the CLERK of Orange County and saw the said MANAGER of Orange County sign the foregoing, and the seal of said Orange County was affixed to said instrument by the said CLERK of Orange County, all by order of the County Board of Commissioners of said Orange County, and he/she signed his/her name in attestation of said instrument, and that the said instrument is the act and deed of the said Orange County. Witness my hand and official seal this the day of 20 11 _ . Notary. Public commission