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NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br />~EMORANDUM OF A~REEMEN~ <br /> <br /> THIS MEMORANDUM OF AGREEMENT made between CABARRUS <br />COUNTY, a body politic of the State of North Carolina (the <br />,'county")'; and JOHN B. GREEN II and CATHERINE HARTSELL GREEN (the <br />"Owners"); <br /> <br />WITNESSETH : - <br /> <br /> A. The county proposes to build a sewer treatment <br />plant designated as the Muddy Creek Wastewater Treatment Plant <br />(the "Project") near the confluence of Muddy Creek and Rocky <br />River in No. 10 Township, Cabarrus county, together with a sewer <br />interceptor line along Muddy creek and then to said plant. <br /> <br /> B. 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 <br />of the property designated by Cabarrus county Tax PIN numbers <br />5553-56-3389 and 5553-35-9824. <br /> <br /> C. The Owners have objected to the original plans for <br />the Project because of its impact upon the John Bunyan Green <br />Farm, and said objections may result in delay of the Project. <br /> <br /> D. The County, in consultation with HDR Engineering, <br />the engineer~ for the Project, have agreed to relocate the plant <br />and the sewer line as hereinafter set forth, and the Owners have <br />agreed to notify the North Carollna Department of Cultural <br />Resources that, as a result of the agreed changes, the impact <br />upon the John Bunyan Green Farm has been minimized to the extent <br />practical. <br /> <br /> E. The Muddy Creek Wastewater Treatment Plant is con- <br />%emplated as an interim facility which will be replaced by a <br />regional facility. <br /> <br /> NOW, THEREFORE, in consideration of the mutual <br />covenants and agreements, the parties covenant and agree as <br /> <br /> 1. The sewer interceptor line shall not be located on <br />the John Bunyan Green Farm except on the west side of Mudd~ Creek <br />as currently surveyed and marked. The sewer interceptor 11ne <br />shall consist of a single 21 inch diameter pipe extending to the <br />Pump Station hereinafter described. <br /> <br /> <br />