BC 1992 08 17 - Laserfiche WebLink

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6O capacity so that if there is a malfunction in any one pump, the remaining pumps will have pumping capacity in excess of the maximum flow of raw sewage. The Pump Station shall have a backup supply of electricity. The raw sewage shall be treated to minimize odor according to acceptable practices. The Pump Station shall be completely enclosed in a 6 foot high chain-link industrial security fence. The Pump Station shall be located upon a 100 foot wide strip of land as hereinafter described in which the County shall be entitled to no more than a leasehold interest as hereinafter set forth. 7. The Pump Station shall be constructed upon a strip of land 100 feet in width running from the western boundary of the John Bunyan Green Farm east toward Muddy Creek (the "Pump Station Property"), and said strip shall extend no further than necessary to provide adequate access around the Pump Station for maintenance. The County agrees to lease said property from the Owners and that the County will not acquire by condemnation or otherwise more than a leasehold interest as herein described. The lease shall terminate on the first to occur of (a) 40 years from the date of the lease or taking or (b) the date on which a regional or local wastewater treatment facility in which the County is a participant is located downstream on Rocky River and becomes operational. The County shall be solely responsible for all costs, expenses, and liabilities arising out of its use and occupancy of the land pursuant to the lease and shall indemnify and hold the Owners harmless therefrom. 8. The County shall construct along the northern edge of the Pump Station Property a 6 foot high, industrial grade, chain-link fence with barbed wire, and said fence shall connect to the fence around the wastewater treatment plant on the adjoining property. There shall be a barbed wire cattle fence along the southern edge of the Pump Station Property connecting to the Owners~ existing fence along the western boundary and extending to the fence around the Pump Station. A locked gate shall be placed in the chain-link fence and a standard cattle gate in the barbed wire fence. The gates shall be 12 feet wide. The Owners shall be supplied with a key to the chainlink fence and shall have access for themselves, their heirs, successors, assigns, lessees, licensees, livestock, and equipment across the Pump Station Property to the Owners' property located on the south side thereof. 9. An access road from the west property line to the Pump Station shall be located on the Pump Station Property, and the property will be cleared and grassed. No electric transmission lines may be constructed upon the Owners~ property, except the electric transmission line supplying electrical power to the Pump Station, and said electric transmission line shall be an underground line located on the Pump Station property at the edge of the access road. 10. Upon termination of the lease, the County shall, at its cost and expense, demolish all above ground structures and shall restore the premises as follows: The road shall be made inaccessible at the option of the Owners. The Pump Station shall be demolished and the concrete tank filled. The surface of the site shall be restored, except for portions of the tank extending above the surface of the ground. Ail facilities shall be sanitized and toxic materials removed. 11. Owners agree to notify the North Carolina Department of Cultural Resources that the changes to the proposed Project as agreed to herein minimize the impact of the Project upon the John Bunyan Green Farm to the extent practicable and that they have no objection to the Project's proceeding under a Nationwide permit. 12. The Owners do not hereby .agree to convey an easement, lease, or fee simple or other interest in any of their land. No agreement has been made with regard to the compensation to be paid to the Owners for the taking of any easement or leasehold interest hereunder. The parties reserve all rights with respect to condemnation and compensation for any taking, except that the County agrees that for the purposes of the Project, that it shall not be entitled to take any interest in the land of the Owners, except for the leasehold interest in the Pump Station Property and the construction and permanent easements for the interceptor line as expressly provided above. It is further agreed that if the parties are unable to agree on the compensation to be paid to the Owners for the leasehold interest in the Pump Station Property, that the compensation will be determined as if there were a taking of a fee simple interest therein, and neither this agreement nor any other evidence of the leasehold interest shall be admissible in any condemnation proceeding unless consented to by both parties by waiver or otherwise. 13. This agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties. This day of June 1992.