BC 1990 10 01 - Laserfiche WebLink

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543 UPON MOTION of Commissioner Hamby, seconded by Commissioner Melvin with Commissioners Hamby and Melvin and Vice-Chairman Moss voting for, the Board moved to exercise the Option to purchase the Carl O. Overcash property consisting of 106.1774 acres± located on the East Side of Coddle Creek at a cost of approximately $212,000.00 plus additional expenses as identified in the Option to Purchase. UPON MOTION of Commissioner Hamby, seconded by Commissioner Melvin with Commissioners Hamby and Melvin voting for and Vice-Chairman Moss voting against, the Board announced and ratified the resolution of a pending claim involving the North Carolina Division of Environmental Management and relating to the removal of asbestos from the Snyder Printing Company building, Barbrick Avenue properties, and the old Corban Avenue Gulf gas station building. The settlement in the amount of $8,000.00 was approved by the Board during an executive session on September 17, 1990. UPON MOTION of Commissioner Hamby, seconded by Commissioner Melvin with Commissioners Hamby and Melvin and Vice-Chairman Moss voting for, the Board announced and ratified the resolution of litigation with the Town of Harrisburg. The Agreement as approved by the Board during an executive session on September 17, 1990 was as follows: STATE OF NORTH CAROLINA COUNTY OF CABARRUS AGREEMENT REGARDING SEWER SYSTEM AND LINE FROM CAMELOT TO INTERCEPTOR LINE THIS AGREEMENT, made and entered into this 17th day of September, 1990, by and between the TOWN OF HARRISBURG, North Carolina (hereinafter referred to as "HARRISBURG"), and CABARRUS COUNTY (hereinafter referred to as "CABARRUS"); WITNESSETH: that-- WHEREAS, Cabarrus County owns, operates and maintains a sewer interceptor pipeline along Rocky River and Back Creek downstream from Hickory Ridge Road at Harrisburg to the Rocky River Regional Wastewater Treatment Plant; Cabarrus abandons any and all claim of ownership of any nature whatsoever to the interceptor pipeline along Back Creek upstream from Hickory Ridge Road; two civil actions are now pending in Cabarrus County Superior Court, the issues of which civil actions place the ownership of the interceptor pipeline along Back Creek upstream from Hickory Ridge Road in question, the civil actions are designated as follows: (1) Cabarrus County -vs- Town of Harrisburg, 88 CVS 194 and (2) Town of Harrisburg -vs- C. F. Little Development Corporation, 88 CVS 571; and WHEREAS, Cabarrus County owns a sewer collection system in Camelot Subdivision, including a pumping station and related equipment and a sewer line that runs from Camelot Subdivision to the interceptor pipeline that runs along Back Creek upstream from Hickory Ridge Road, and sufficient deeds or right of way easements or encroachment permits upon which the system and related lines are located; that Cabarrus wishes to convey said system, related equipment and lines to Harrisburg, as well as the assignment for transfer of all deeds and right of way easements and encroachment permits to Harrisburg; and WHEREAS, upon the execution of all transfer documents to transfer the sewer collection system in Camelot Subdivision, pumping station and related equipment, as well as the sewer line running to the Back Creek interceptor upstream from Hickory Ridge Road and all right of way easements, the parties hereto will dismiss certain civil actions as heretofore identified, which involve issues of ownership of the interceptor pipeline upstream from Hickory Ridge Road; and WHEREAS, Harrisburg and Cabarrus contract each with the other, as follows: 1. Cabarrus County will pay to Harrisburg the single lump sum of $11,542.00 in lieu of the County's assumption of maintenance upon the approximately 4,000 linear feet of the Back Creek interceptor involved (i.e. that portion upstream from Hickory Ridge Road); 2. Cabarrus County will abandon any claim of ownership to the Back Creek interceptor and acknowledge the Town of Harrisburg's