BC 1979 07 09 - Laserfiche WebLink

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321 Mr. Charles D. McGinnis, County Manager, advised the Board that Ms. Maggie Hinson, a resident of Central Drive, telephoned to state her opposition to renaming Central Drive to Optimist Club Drive and to state that she preferred using the name Hinson Road. Mr. Ray Beaver, a resident of Mainer Drive, was present to oppose changing that road name. UPON MOTION of Commissioner Lentz, seconded by Commissioner Bonds and unanimously carried, the Board approved the changing of Meadowbrook Road to Songwood Road, Boger Drive to Berwick Court, and Central Drive to Optimist Club Drive and to defer renaming Mainer Drive until the next regular meeting of the Board. UPON MOTION of Commissioner Lentz, seconded by Commissioner Bonds and unanimously carried, the Board moved to accept the following agreement and authorize the Chairman and the Clerk to the Board to execute this agreement with Philip Morris and the Concord Board of Light and Water: NORTH CAROLINA ) ) CABARRUS COUNTY ) SEWER LINE AGREEMENT THIS AGREEMENT, made and entered into as of the day of , 1979 by and between CABARRUS COUNTY, a political subdivision of the State of North Carolina (hereinafter referred to as the "County"), the BOARD OF LIGHT AND WATER COMMISSIONERS FOR THE CITY OF CONCORD, Concord, North Carolina (~ereinafter referred to as the "Board") and PHILIP MORRIS INCORPORATED, a Virginia corporation (hereinafter referred to as "Industry"); STATEMENT OF PURPOSE Industry is the owner of certain land fronting along the westerly side of Union Cemetery Road in Cabarrus County, North Carolina. Industry is in the process of constructing a large manufacturing plant and other related storage and training facilities on such land. In order for Industry to fully utilize its land for the intended purposes, it must obtain access to adequate sewage disposal facilities. The County is the owner of, and the Board is the operator of, a certain existing sewer line located near Industry's property, and this sewer line has the capacity to serve Industry's needs. Industry has requested the County and the Board to pro- vide its required sewer facilities. The County and the Board are cognizant of the benefits to be derived by them and the citizens of Cabarrus County and the City of Concord from the construction of Industry's facilities and are willing to provide the facilities as requested by Industry upon the terms and conditions set forth in this Agreement. THEREFORE, in consideration of the above-stated premises and the mutual covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Right to Use of Sewer Line. The County and the Board hereby grant to Industry the right to use that certain presently existing sewer line (hereinafter referred to as the "existing sewer line") which terminates at or near the County Public Health Building located at the inter- section of Cabarrus Avenue West and Highway 601 Bypass in Cabarrus, North Carolina. The exact location of the existing sewer line is more particularly described in that certain Lease Agreement between the County and the Board dated January 21, 1977, which is attached hereto as Exhibit A and incorporated herein by reference. The Board and Industry have previously reached agreements concerning the con- struction of a new sewer connector line (hereinafter referred to as the "sewer connector line!') which will extend from Industry's property at Union Cemetery Road across other intervening lands to the location of the existing sewer line on the County's property. Industry has agreed to fund the engineering and construction of the sewer connector line, and the Board has agreed to obtain the necessary rights- of-way and operate and maintain the sewer connector line after it is installed. No other parties shall have the right to use the sewer connector line without the ex- press written consent of Industry. The previous agreements between the Board and Industry are hereby ratified. 2. Rules for Use of Lines. The existing sewer line shall be intersected and tapped by the sewer connector line at such exact location as the engineers for the Board and Industry shall mutually determine. The use of both the existing sewer line and the sewer connector line shall be governed by the regular rules of the Board as the operator of such lines. In planning the use of the existing sewer line, the parties have contemplated that the existing sewer line's capacity is more than adequate for Industry's use up to a maximum volume of 300,000 gallons per day of waste water effluent. It is acknow- ledged, h~wever, that the use of the existing sewer line by Industry will not be allowed to preempt the use of such line either by (i) the County, with respect to its currently existing and future County owned facilities located in the area of the intersection of Cabarrus Avenue West with the Highway 601 Bypass, or (ii) those individual customers presently having rights to tap onto such line pursuant to the Lease Agreement attached as Exhibit A.