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<br />
<br />Additions to the Agenda
<br />
<br /> The Board by consensus agreed to add the following items to the agenda as
<br />requested by Mr. Fletcher L. Hartsell, Jr., County Attorney: Ratification of a
<br />Agreement for a Sewer Right-of-Way and Acquisition of Property for the Coddle
<br />Creek Reservoir project.
<br />
<br />Ratification of Right-of-Way Agreement
<br />
<br /> UPON MOTION of Commissioner Barnhart, seconded by Commissioner Fennel and
<br />unanimously carried, the Board ratified the execution of the following Agreement
<br />between Cabarrus County and Alton H. Thigpen and wife Rebecca B. Thigpen.
<br />
<br />NORTH CAROLINA
<br />CABARRUS COUNTY
<br />
<br />AGREEMENT
<br />
<br /> THIS AGREEMENT, made and entered into as of the __ day of June, 1993, by
<br />and between CABARRUS COUNTY, a body politic and political subdivision of the
<br />State of North Carolina (hereinafter "CABARRUS"), and ALTON H. THIGPEN and wife
<br />REBECCA B. THIGPEN, citizens and residents of Cabarrus County, North Carolina
<br />(hereinafter "THIGPEN");
<br /> W I T N E S S E T H: that --
<br /> WHEREAS, CABARRUS has received approval for a Community Development Block
<br />Grant project for the Fishertown Community in or near Kannapolis, North Carolina,
<br />which includes, among other things, the construction and maintenance of a sewer
<br />outfall (the "Sewer Line") for the benefit of the citizens and residents of the
<br />Fishertown Community and the surrounding area; and
<br /> WHEREAS, the most direct and least expensive route for the Sewer Line to
<br />connect to existing sewer service traverses real property owned by THIGPEN (the
<br />"Thigpen Property"); and
<br /> WHEREAS, the Thigpen Property and the Sewer Line are more particularly
<br />described in a Right-of-Way/Easement attached hereto marked Exhibit A and
<br />incorporated herein by reference (the "Thigpen Easement"); and
<br /> WHEREAS, for their mutual benefit, CABARRUS desires for THIGPEN to grant the
<br />Thigpen Easement through the Thigpen Property for no charge, and THIGPEN desires
<br />to grant the Thigpen Easement to CABARRUS without charge but under certain terms
<br />and conditions;
<br /> NOW, THEREFORE, in consideration of the mutual covenants herein contained,
<br />CABARRUS and THIGPEN agree as follows:
<br /> 1. GRANT OF EASEMENT/RIGHT-OF-WAY. For and in consideration of the mutual
<br />covenants herein contained, THIGPEN hereby grants to CABARRUS a right-of-way and
<br />easement in, upon and through the Thigpen Property, more particularly described
<br />in the Thigpen Easement, and acknowledges that CABARRUS may record the Thigpen
<br />Easement in the Office of the Register of Deeds for Cabarrus County upon
<br />execution of this Agreement by CABARRUS and THIGPEN.
<br /> 2. RESPONSIBILITY FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE. CABARRUS
<br />
<br />shall: (a) construct and install the Sewer Line described in the Thigpen
<br />Easement in the manner and to the extent set forth therein; (b) subject to the
<br />reimbursement agreement set forth herein, shall pay for all expenses associated
<br />with the Sewer Line, including engineering and legal fees; and (c) shall, upon
<br />completion, be the owner of and shall maintain the Sewer Line.
<br /> 3. REIMBURSEMENT AGREEMENT. When THIGPEN, and/or its assignee(s), desires
<br />to connect to the Sewer Line, THIGPEN and/or its assignee(s), shall pay to
<br />CABARRUS an acreage fee of One Dollar ($1.00). In addition, upon application to
<br />CABARRUS and payment of a connection charge not to exceed One Dollar ($1.00) for
<br />a single connection, CABARRUS hereby grants to THIGPEN or its assignee(s) one (1)
<br />connection to the Sewer Line and so many additional or larger connections as may
<br />be requested by THIGPEN at CABARRUS~ then-existing approval rate schedule.
<br /> 4. NOTICES. Any notice required or desired to be given under this Agreement
<br />shall be deemed given if in writing sent by certified mail to CABARRUS at Post
<br />Office Box 707, Concord, North Carolina 28026, or to THIGPEN, 5395 Mooresville
<br />Road, Kannapolis, NC 28081.
<br /> 5. ENTIRE AGREEMENT. This Agreement contains the entire understanding and
<br />agreement of CABARRUS and THIGPEN, shall be binding upon and inure to the benefit
<br />of the assigns of THIGPEN, and may be changed only by an Agreement in writing,
<br />signed by THIGPEN and CABARRUS.
<br /> IN WITNESS WHEREOF, the parties hereto have signed and executed this
<br />Agreement pursuant to authority duly granted.
<br />
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