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ATTACHMENT 4
<br />WO No. 6464820 Resp. 5343 Project CCOINC
<br />Drawn By: Tim Craver for Richard Shane Smith
<br />Project Description: New UG service for vehicle charger
<br />144 East Margaret St., Hillsborough
<br />STATE OF NORTH CAROLINA
<br />COUNTY OF ORANGE
<br />Return Address: Duke Energy Carolinas
<br />Attn: Tim Craver
<br />2500 Fairfax Road
<br />Greensboro, NC 27407
<br />Grantor's Address: PO Box 8181
<br />Hillsborough, NC 27278
<br />RIGHT OF WAY AGREEMENT
<br />35
<br />KNOW ALL MEN BY THESE PRESENTS, That ORANGE COUNTY_ hereinafter called "Grantor" (whether one or more), in
<br />consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, does hereby grant unto DUKE ENERGY
<br />CAROLINAS, LLC, and its successors and assigns, subsidiaries and divisions, hereinafter called "Grantee," the perpetual right,
<br />privilege and easement to go in and upon that certain land of Grantor (hereinafter "premises ") situated in said County and State,
<br />property described as:
<br />PIN 9874153612, being the property described in deeds to Orange County, from: (1) Rebecca B. Wall, dated
<br />December 30, 1965, recorded in Deed Book 205, Page 242, (2) Virginia C. Bartow and husband William R.
<br />Bartow, dated November 16, 1990, recorded in Deed Book 886, Page 150, and said properties combined in
<br />an Instrument recorded in Deed Book 4300, Page 247, and split in an Instrument recorded in Deed Book 4300,
<br />Page 249, and being the land shown in a map entitled "Recombination Survey Properties of Orange County ",
<br />recorded in Plat Book 102, Page 36, all in Orange County Registry,
<br />and over and across said premises within a right -of -way strip having a width of 5 feet on each side of a centerline determined by the
<br />centerline of the electrical facilities and/or the lighting facilities, as installed, to construct, maintain and operate underground lines and
<br />conduits with other apparatus and appliances, either above ground or below ground, to include transformers and service connections,
<br />for the purpose of transporting electricity, providing lighting services and for the communications purposes of Grantee. The following
<br />rights are also granted to Grantee: to enter said premises to inspect said lines, equipment and facilities, to perform maintenance and
<br />repairs, and to make alterations and additions thereto; and relocate its facilities and right -of -way strip over the premises to conform to
<br />any future highway or street relocation, widening or improvement; and to clear the land within the right -of -way strip and to keep it
<br />clear of trees, structures or other obstructions; and to clear that land outside the right -of -way strip within ten feet of the service door of
<br />any transformer or cabinet located within the right -of -way strip and to keep the area within ten feet of said door clear of trees,
<br />structures or other obstructions. Grantor, for itself and its successors and assigns, agrees to hold Grantee, its successors and assigns,
<br />harmless for replacement and/or repair of paving, landscaping and fences as a result of future system maintenance and repair. All
<br />underground facilities are to be installed in accordance with the provisions of Grantee's Underground Distribution Installment Plan,
<br />NCUC Docket E -7, Sub 828, receipt of a copy of which is acknowledged by Grantor.
<br />(Signatures Follow)
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