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SEP 2 6 2007 <br />WATER & SEWER AUTHORITY <br />OF CABARRUS COUNTY <br />September 25, 2007 <br />Mr. John Day <br />Cabarrus County Manager <br />P. O. Box 707 <br />Concord, NC 28026 <br />Subject: Agenda Item Request /Transfer of Non-Warranty Deeds <br />Mr. Day: <br />CNfice: 232 Davi~wn Hwy. <br />Coixord, NC 28027 <br />Mail to: P.O. Box 428 <br />Concord, NC 2602ti-0428 <br />Phone: i04.786.ll83 <br />fax: 704.795.1564 <br />This request for transfer of seven (7) non-warranty deeds for interceptors, copies of <br />which are attached, is pursuant to the provisions of the "Settlement Agreement effective <br />December 19, 1991, by and between Cabarrus County and the City of Concord, paragraph 6, <br />whereby both parties agreed to transfer certain "Facilities and Infrastructure" including their <br />respective interests in all interceptor sewer lines and appurtenant metering stations including but <br />not limited to the Rocky River, Coddle Creek, New Irish Buffalo Creek, Coldwater Creek, Three <br />Mile Branch, Coddle Creek/Wolf Meadow Branch Interceptor and Force Main, and the Rocky <br />River/Harrisburg Outfall to the Water and Sewer Authority of Cabarrus County (WSACC) upon <br />completion of certain conditions, i.e., the formation of WSACC, EPA approval, State and related <br />permit approvals if required (long since expired or obtained) etc. WSACC has operated and <br />maintained these lines since July 1992 (approximately 15 years) under a "lease and operations <br />agreement" also referenced in the Settlement Agreement and ratified in several documents <br />entered into since that time. <br />The development of these documents has been a monumental task and has taken much <br />time and associated expense. WSACC, by acceptance of the transfer of non-warranty deeds, <br />accepts the responsibility of title defense of these deeds should a challenge to any of the deeds <br />arise. As it is one of WSACC's core businesses to maintain interceptors and right-of--ways for <br />lines and appurtenances, this vehicle for transfer is appropriate and has been reviewed by our <br />legal counsel. <br />Let me stress that these requests for transfer do in no way impact the current or future <br />mode of business between Cabarrus County and WSACC. Five (5) of these deeds have already <br />been approved/ratified and signed by the City of Concord. Cabarrus County is requested to <br />approve/ratify all seven (7) documents which are before you. At that point, four (4) of the <br />documents will have been executed by all applicable parties and ready for recording. The <br />remaining three (3) documents will require additional ratification, one (1) by the City of <br />Kannapolis and two (2) by the Town of Harrisburg. These documents are simply administrative <br />clean up of long-standing agreements between the parties dating back to 1991. Transfer will <br />~~ J <br />