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386 <br /> <br />attend the Property Tax Commission hearing and also for those persons attending <br />the hearing on behalf of the citizens of Cabarrus County to submit their clothing <br />receipts for reimbursement. <br /> <br /> Chairman Barnhart requested Commissioner Olio-Mills to separate the two <br />items of his motion. <br /> <br /> UPON MOTION of Commissioner Olio-Mills, seconded by Commissioner Fennel and <br />unanimously carried, the Board moved to reimburse the two Board of Equalization <br />and Review members, Mr. Tyrone Harward and Mr. Richard Roberts, to treat them as <br />expert witnesses, and to pay them $200.00 a day for the two days they testified <br />on behalf of the taxpayers of Cabarrus County at the Property Tax Commission <br />hearing in Raleigh. <br /> <br /> After discussion, Commissioner Olio-Mills withdrew his earlier motion for <br />those persons attending the hearing to submit their clothing receipts to the <br />County for reimbursement. <br /> <br />Recess of Meeting <br /> <br /> Chairman Barnhart recessed the meeting for ten minutes to allow Board <br />members the opportunity to review the two proposed agreements relative to the <br />Coddle Creek Reservoir. <br /> <br />Chairman Barnhart reconvened the meeting of the Board. <br /> <br />Agreements Relative,to the Plantation Pipeline Relocation and the Coddle Creek <br />Reservoir <br /> <br /> UPON MOTION of Chairman Barnhart, seconded by Commissioner Olio-Mills and <br />unanimously carried, the Board approved the following "Pipeline Relocation <br />Agreement", subject to approval of the Plantation Pipe Line Company and to the <br />review and approval by the North Carolina Division of Environmental Management. <br /> <br />NORTH CAROLINA <br />CABARRUS COUNTY <br /> <br />PIPELINE RELOCATION AGREEMENT <br /> <br /> THIS AGREEMENT, made and entered into this ~ day of , <br />1995, by and between Cabarrus County, a political subdivision of the <br />State of North Carolina (hereinafter "the County") and Plantation <br />Pipe Line Company, a Delaware corporation operating and doing <br />business in the State of North Carolina (hereinafter "Plantation"). <br /> W I T N E S S E T H -- that: <br /> WHEREAS, by instruments recorded in Book 165, Page 197; Book <br />165, Page 193; Book 165, Page 187; Book 165, Page 207; Book 243, <br />Page 594; Book 250, Page 137; Book 420, Page 455; Book 420, Page <br />363; Book 420, Page 587; Book 423, Page 411; and Book 484, Page 398 <br />of the Office of the Register of Deeds for Cabarrus County, North <br />Carolina, Plantation obtained and secured rights of way and <br />easements for, among other things, the purpose of constructing, <br />maintaining, and operating a pipeline or pipelines across those <br />certain lands in Cabarrus County, North Carolina, more particularly <br />described in those instruments previously identified which are <br />incorporated herein by reference; and <br /> WHEREAS, the County is making and constructing certain <br />improvements upon the property previously identified, including a <br />dam and reservoir (the "Reservoir Project"), the primary purpose of <br />which is to provide potable water to and for the citizens of <br />Cabarrus County; and <br /> WHEREAS, at 650.00 feet of mean sea level (MSL), the Reservoir <br />Project will inundate approximately 1,400 acres of real property <br />including approximately linear 394 feet of Plantatton's right of way <br />as shown on a plat entitled "Plantation Drawing D-AT630-3, revised <br />9/29/94" attached hereto as Exhibit A and incorporated herein by <br />reference (hereinafter the "Relocation Plan"); and <br /> WHEREAS, contemporaneously with the execution of this Pipeline <br />Relocation Agreement, the County and Plantation have executed and <br />entered into a separate agreement setting forth the rights and <br />responsibilities of the County and Planation (sic) subsequent to the <br /> <br /> <br />