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KENNEDY COVINGTON LOBDELL & HICx~xAN, L.L.P. <br />ATTORNEYS AT LAW <br />Bank of America Corporate Center <br />Suite 4200 <br />100 North Tryon Street <br />David A. Pranchina Charlotte, North Carolina 28202-4006 Other Offices: <br />7Q4/331-7543 Telephone 704/331-7400 Raleigh, North Carolina <br />dfranchina@kclh.com Facsimile 704/331-7598 Rock Hill, South Carolina <br />March 16, 1999 <br />VIA FACSIMILE AND FIRST CLASS MAIL <br />M. Brooke Lamson, Esquire <br />Office of Counsel (CESAW-OC) <br />United States Army Corps of Engineers <br />P. 0. Box 1890 <br />Wilmington, NC 28402-1890 <br />RE: Department of Army Permit No. 199830189, Issuing Office CESAW-RG-A, <br />Issued to Concord Mills Limited Partnership ("Permit") <br />Conservation Easement <br />Dear Ms. Lamson: <br />Following up on my November 5, 1998 correspondence to you and our subsequent <br />telephone conversations, I enclose, for approval by the Corps of Engineers, a Conservation <br />Easement between the City of Concord, North Carolina {Grantor} and Cabarrus County, North <br />Carolina (Grantee). The Conservation Easement would preserve the land on which wetlands and <br />streams mitigation activities are being conducted pursuant to the Permit. I also enclose a <br />blacklined version of the easement marked to show changes made from the Declaration of <br />Conservation Easement I transmitted to you in November. <br />The enclosed Conservation Easement has been revised in three respects from the earlier <br />Declaration of Conservation Easement. First, the enclosed easement runs in favor of Cabarrus <br />County to ensure that it is enforceable under North Carolina law. (The Declaration contemplated <br />no grantee.) Second, as we discussed in our recent telephone conversation, the enclosed <br />easement explicitly reserves to the Grantor the right to access the property for sewer line <br />inspection and maintenance. Third, as you requested, we have revised Article III(K)(1) of the <br />easement to ensure that all vegetative cutting on the property will be performed subject to the <br />approval of the Corps of Engineers. <br />We understand that the enclosed easement is acceptable to the City of Concord and <br />Cabarrus County. Thus, once the Corps has confirmed that the easement meets the requixements <br />of Paragraph 4 of Special Condition 10 of the Permit, we expect the City of Concord and <br />Cabarrus County will execute the easement, and The Mills Corporation, issuee of the Permit, <br />will record it. <br />Att1rQ~number 3 <br />F-~ 116 <br />