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05/31/2005 09:14 9109444253 RIGHT OF WAY IiJUi ~ uu~yj Cwnty_ Lee Project: N/A W'BS: 37329 Parcel: SA-0156004Z 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: TCE Beginning at a point located 70.00 ft southeasterly of and normal to survey station 46+37.70 of survey line -L-, said point being the undersigned's eastern property line, a common property line with Otto Meadows; thence in a southwesterly direction in a straight line In a point located 60.00 ft eouthoosierly of and normal to swvey station 45+41.55 of survey line-L-; thence in a southeasterly direction In a straight line to the point of intersection with the southeastern proposed right of way boundary of the project, said point being located 60.00 tt southeasterly of and normal to survey station 34+07.15 of survey line -L-; thence In a northeasterly direction in a straight line to a point located 50,00 ft southerly of and normal to survey station 34+23.44 of survey line -L-, said point being the existing southern right of way boundary of survey line -L-; thence in a northeasterly direction along and with the existing southern right of way boundary of survey line -L- to the point of Intersection with the undersigned's eastern property line, a common property line with Otto Meadows, said point being iocated between the following two points, the first point being survey station 45+41.56 and the second point being survey station 47+53.38 of survey line -L-; thence in a southeasterly direction along and with the undersigned's eastern property Ilne to the point of beginning. SPECIAL PROVISIONS. This deed is subject to the following provisions only: It is further understood and agreed that the above described temporary construction easement shall terminate at the conclusion of the construction of this project, The property hereinabave described was acquired by the GRANTORS by Instrument(s) recorded in the Lee County Registry m Deed Book 860 Page 696 Deed Book 859, Page 217 and Deed Book 917, Page U2. The final right of way plans showing the above described right of way are tc be certified and recorded in the Offlce of the Register of Deeds for said County pursuant to N.O.G S 136-19.4, reference to which plans Is hereby made for purposes of further description and for greater certainty. The GRANTORS by the execution of this instrument, acknowledge that the plans for the above referenced project as they affect their remaining property have been fully explained to them or their authorized representative, and they do hereby release the Grantee, its successors and assigns from any and 0 claims for damages resultin0 from the construction of said project or from the past, present or future use of said premises herein conveyed for any purpose for which the said Department is authorized by law to subject the same. TO HAVE AND TO HOLD the aforesaid premises end all prlviieges and appurtenances :hereunto 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 iaw to subject the same. And the GRANTORS covenant with the DEPARTMENT, that the GRAANTCRS are se'Zed of the premises in fee simple, have the right to convey the same in fee simple, or by easement as indicated, that the +.Ine thereto is marketable end free and clear of all encumbrances, end that the GRANTORS will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Tit!e to the property hereinabave described is hereby conveyed subject to the following exceptions; fJOne IN WITNESS WHEREOF, the GRANTORS have hereunto set their hands and sesis (or if corporate. has caused the instrument to be signed in Its corporate name by its duly authorized officers) the day and year first above written. -ounty of Leo ISEAL) Cq ate Name) BY (SEAL] (SEAL)