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NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br />MEMORANDUM OF AGREEMENT <br /> <br /> THIS MEMORANDUM OF AGREEMENT made between CABARRUS COUNTY, <br />a body politic of the State of North Carolina (the "County"); and <br />JOHN B. GREEN II and CATHERINE HARTSELL GREEN (the "Owners"); <br /> <br />W I T N E S S E T H : - <br /> <br /> A. The County proposes to.build a sewer treatment plant <br /> designated as the Muddy Creek Wastewater Treatment Plant (the <br /> "Project") near the confluence of Muddy Creek and Rocky River in No. <br /> 10 Township, Cabarrus County, together with a sewer interceptor line <br />along Muddy Creek and then to said plant. <br /> <br /> ~. The Owners are the owners of the John Bunyan Green <br />Farm, which is registered in the National Register of Historic <br />Places, and which is located on both sides of Muddy Creek at its <br />confluence with Rocky River. The John Bunyan Green Farm consists of <br />the property designated by Cabarrus County Tax PIN numbers 5553-56- <br />3389 and 5553-35-9824. <br /> <br /> C. The Owners have objected to the original plans for the <br />Project because of its impact upon the John Bunyan Green Farm, and <br />said objections may result in delay of the Project. <br /> <br /> D. The County, in consultation with HDR Engineering, the <br />engineers for the Project, have agreed to relocate the plant and the <br />sewer line as hereinafter set forth, and the Owners have agreed to <br />notify the North Carolina Department of Cultural Resources that, as a <br />result of the agreed changes, the impact upon the John Bunyan Green <br />Farm has been minimized to the extent practical. <br /> <br /> E. The Muddy Creek Wastewater Treatment Plant is con- <br />templated as an interim facility which will be replaced by a regional <br />facility. <br /> <br /> NOW, THEREFORE, in consideration of the mutual covenants <br />and agreements, the parties covenant and agree as follows: <br /> <br /> 1. The sewer interceptor line shall not be located on the <br />John Bunyan Green Farm except on the west side of Muddy Creek as <br />currently surveyed and marked. The sewer interceptor line shall <br />consist of a single 21 inch diameter pipe extending to the Pump <br />Station hereinafter described. <br /> <br /> <br />