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<br />(Corporate Water Easement Without Mortgage)
<br />NORTH CAROLINA
<br />ORANGE COUNTY DEED OF EASEMENT
<br />THIS DEED OF EASEMENT, made and entered into this the day of
<br />1998, by and between County of Orange, hereinafter referred
<br />to as "COUNTY" and ORANGE WATER AND SEWER AUTHORITY, a public body and
<br />body politic and corporate created and existing under Article 1, Chapter 162A of the
<br />General Statues, with its principal office at 406 Jones Ferry Road, Carrboro, North
<br />Carolina, hereinafter referred to as OWASA;
<br />WITNESSETH:
<br />THAT WHEREAS, OWASA has constructed and proposes to construct a water
<br />distribution system for the use of its citizens and for that purpose has constructed and
<br />proposes to construct lines of pipe and mains necessary for the proper transmission and
<br />distribution of waters.
<br />NOW, THEREFORE, in consideration of the sum of One and No/100 ($1,00)
<br />Dollar and other good and valuable considerations paid to the COUNTY, the receipt of
<br />all of which is hereby fully acknowledged, the said COUNTY dies hereby give, grant,
<br />quit-claim, and convey unto OWASA, its successors and assigns, the right, privilege, --
<br />and perpetual easement to go in and upon a strip of land thirty feet (30') in width being
<br />more particularly described on the plat as record with the Orange County Register of
<br />Deeds, Plat Book 78, page 51.
<br />And, OWASA, Grantee, shall have the right to construct and maintain in, under,
<br />and/or above, along and through said strip of land thirty feet (30') in width such mains
<br />and lines of pipe as shall be necessary for the proper construction and operation of said
<br />water distribution system; OWASA shall also have the right of ingress and regress
<br />through, over, and across the land of the COUNTY to and from said strip at such times
<br />as OWASA deems d necessary for the purpose of constructing, maintaining and
<br />inspecting said lines and of making all necessary alternations and repairs thereto; the
<br />lines of pipe shall be located at such point or points, elevation or elevations below or
<br />above the surface of the earth as shall be necessary, for proper operation of the system,
<br />and shall be established at the proper grade for running said lines and for conveying
<br />water as aforesaid; and OWASA shall have the right, privilege and easement to tap the
<br />line or liens and construct water laterals from the main to the outside boundary of the
<br />right-of-way over which this easement and privilege extends; and OWASA shall have
<br />the privilege, easement, and right to clear and keep cleared the full width of the
<br />easement of and from brush, plants, trees, and any and all other materials, obstructions,
<br />structures, and encroachments of any kind;
<br />The COUNTY shall retain the right to cultivate the ground lying within the'
<br />boundaries of the easement, provided that such cultivation shall not interfere with the
<br />right of OWASA herein named of ingress and egress to said easement for the purpose
<br />of maintenance and repair of said water main or mains or the construction and repair of
<br />water laterals and connections, and such cultivation shall not interfere with O's
<br />maintenance operation or installation of the lines, and provided further that in all cases
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