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389
<br />
<br /> I, Holly Jennings Hammett, Notary Public for the above State
<br />and County hereby certify that Thomas A. Bannigan personally came
<br />before me this day and acknowledged that he is Secretary of
<br />Plantation Pipe Line Company, a corporation, and that byauthortty
<br />duly given and as the act of said corporation, the foregoing and
<br />annexed instrument was signed in its name by Roy M. Crook, its Vice
<br />President of Operations, sealed with its corporate seal and attested
<br />by himself as Secretary.
<br /> Witness my hand and official seal, this day of
<br /> , 1995.
<br />
<br />Notary Public
<br />My Commission Expires:
<br />
<br /> UPON MOTION of Chairman Barnhart, seconded by Commissioner Olio-Mills and
<br />unanimously carried, the Board approved the following "Reservoir Agreement",
<br />subject to approval by the Plantation Pipe Line Company and to the review and
<br />approval by the North Carolina Division of Environmental Management.
<br />
<br />NORTH CAROLINA
<br />CABARRUS COUNTY
<br />
<br />RESERVOIR AGREEMENT
<br />
<br /> THIS AGREEMENT, made and entered into this __ day of April,
<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 Plantation'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
<br />Reservoir Agreement, the County and Plantation have executed and
<br />entered into a separate agreement for the relocation of Plantation's
<br />existing right of way and pipelines within the Reservoir area (the
<br />"Relocation Agreement"), a copy of which agreement is attached
<br />hereto marked Exhibit B and incorporated herein by reference; and
<br /> WHEREAS, a controversy has arisen between the County and
<br />Plantation regarding the rights and responsibilities~of the parties
<br />subsequent to the relocation of Plantation's right of way and
<br />pipelines and both the County and Plantation desire to adjust these
<br />differences amicably and in such a manner so as not to unduly burden
<br />the rights of either.
<br /> NOW, THEREFORE, in consideration of the premises and the
<br />covenants and agreements herein contained and hereinafter expressed,
<br />the County and Plantation agree as follows:
<br /> 1. PROVIDED that the County complies with the terms and
<br />conditions of this Reservoir Agreement and the Relocation Agreement
<br />AND PROVIDED that necessary cover is maintained for Plantation's
<br />pipelines, the County may inundate Plantation's right of way and
<br />
<br />
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