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Prepared by and Return to Concord City Attorney ROD Box <br />NORTH CAROLINA <br />CABARRUSCOUNTY <br />PINS: 5600 -82 -7868 <br />&5600 -81 -5096 <br />STORMWATER BEST MANAGEMENT PRACTICE (BMP) STRUCTURE, ACCESS <br />EASEMENT AND MAINTENANCE AGREEMENT <br />THIS STORMWATER BEST MANAGEMENT PRACTICE (BMP) STRUCTURE, <br />ACCESS EASEMENT AND MAINTENANCE AGREEMENT ( "Agreement "), made this day <br />of , 2012, by Cabarrus County, a body politic and political <br />subdivision of the State of North Carolina whose principal address is 65 Church St. SE, Concord, NC <br />28025 (hereinafter "Grantor "), with, to, and for the benefit of the City of Concord, a municipal <br />corporation of the State of North Carolina, whose address is P.O. Box 308, Concord North Carolina <br />28026 -0308, (hereinafter "Grantee" or "City "). <br />WITNESSETH: <br />WHEREAS, THE CITY COUNCIL ACCEPTED THIS STORMWATER BEST <br />MANAGEMENT PRACTICE (BMP) STRUCTURE, ACCESS EASEMENT AND <br />MAINTENANCE AGREEMENT ON <br />WHEREAS, Grantor is the owner in fee simple of certain real property situated in the <br />City of Concord, County of Cabarrus, North Carolina and more particularly described as follows: <br />4401 Weddington Road, Concord, NC, Cabarrus County Property Identification Number (PIN): <br />5600 -82 -7868 and 4501 Weddington Road, Concord, NC, Cabarrus County Property <br />Identification Number (PIN): 5600 -82 -5096. It being portions of the land conveyed to the <br />Grantor by deed recorded in Book and Page 1425/273 and 8757/318 in the Office of the Register <br />of Deeds for Cabarrus County (hereinafter referred to as the "Properties "); and <br />WHEREAS, the properties are located within the planning jurisdiction of the City of <br />Concord, and is subject to certain requirements set forth in the City of Concord Code of <br />Ordinances Chapter 60, the Concord Development Ordinance, (hereafter "CCDO "), and the <br />Concord Technical Standards Manual (hereafter "Concord Manual'); and <br />WHEREAS, conditions for development of the Properties include (1) the construction, <br />operation and maintenance of an engineered stormwater control structure, including a Wet Pond, <br />as provided in the CCDO and the Concord Manual (the " Stormwater Control BMP Structure "), <br />(ii) the dedication to the City of a non - exclusive access easement, as described in this Agreement, <br />for inspection and maintenance of the Stormwater Control BMP Structure; and (iii) the <br />assumption by Grantor of certain specified maintenance and repair responsibilities; and <br />Attachment number 1 <br />F -4 Page 63 <br />