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584
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<br />The Lease Agreement dated November 6, 1989 and referred to the above-
<br />stated Renewal Agreement is spread in the minutes of November 6, 1989.
<br /> Chairman Lentz recessed the meeting at 10:58 P.M. until the conclusion of
<br />the meeting of the Water and Sewer District.
<br /> Chairman Lentz reconvened the meeting of the Board of Commissioners at
<br />11.00 p.m.
<br /> Commissioner Melvin introduced discussion of the need for an institutional
<br />hood for the Senior Center kitchen facility.
<br /> UPON MOTION of Commissioner Melvin, seconded by Chairm~n Lentz with
<br />Commissioners Melvin, Moss, and Simmons, and Chairman Lentz voting for, the
<br />Board authorized the use of an institutional hood in the kitchen facility at the
<br />new Senior Center site.
<br /> Mr. Michael M. Ruffin, County Manager, advised the Board that additional
<br />equipment was needed for the Senior Center kitchen facility and a change order
<br />of approximately $35,000.00 to $40,000.00 was anticipated for this project.
<br /> Mr. Fletcher L. Hartsell, Jr., County Attorney, reported that Mr. Tom
<br />Joyner had offered to pay $4,500.00 plus advertising expenses to purchase County
<br />property at the Ambulance Substation site on Highway 601. He stated that Mr.
<br />Joyner had deposited $450.00 or ten percent of the offer.
<br /> UPON MOTION of Commissioner Moss, seconded by Commissioner Simmons with
<br />Commissioners Moss, Simmons, and Melvin and Chairman Lentz voting for, the Board
<br />accepted the $4,500.00 offer from Mr. Tom Joyner for property located at the
<br />Ambulance Substation site on Highway 601 and authorized the publication of the
<br />advertisement for upset bids.
<br /> Mr. Fletcher L. Hartsell, Jr., County Attorney, presented an Agreement
<br />with Rainbow Properties for a sewer easement for the Fishertown Community
<br />Development Project.
<br /> UPON MOTION of Commissioner Melvin, seconded by Commissioner Moss with
<br />Commissioners Melvin, Moss, and Simmons and Chairman Lentz voting for, the Board
<br />accepted the following agreement with Rainbow Properties Limited Partnership and
<br />authorized the Chairman to execute the Agreement and Right of Way on behalf of
<br />the County.
<br />
<br />NORTH CAROLINA
<br />
<br />CABARRUS COUNTY
<br />
<br />AGREEMENT
<br />
<br /> THIS AGREEMENT, made and entered into as of the 19th day of November,
<br />1990, by and between CABARRUS COUNTY, a body politic and political subdivision
<br />of the State of North Carolina (hereinafter "CABARRUS"), and RAINBOW PROPERTIES
<br />LIMITED PARTNERSHIP, a North Carolina Limited Partnership (hereinafter
<br />"RAINBOW");
<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
<br />Carolina, which includes, among other things, the construction and maintenance
<br />of a sewer outfall (the "Sewer Line") for the benefit of the citizens and
<br />residents of the 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 RAINBOW (the
<br />"Rainbow Property"); and
<br /> WHEREAS, the Rainbow 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 "Rainbow Easement"); and
<br /> WHEREAS, for their mutual benefit, CABARRUS desires for RAINBOW to grant
<br />the Rainbow Easement through the Rainbow Property for no charge, and RAINBOW
<br />desires to grant the Rainbow Easement to CABARRUS without charge but under
<br />certain terms and conditions;
<br /> NOW, THEREFORE, in consideration of the mutual covenants herein contained,
<br />CABARRUS and RAINBOW agree as follows:
<br /> 1. GRANT OF EASEMENT/RIGHT-OF-WAY. For and in consideration of the
<br />mutual covenants herein contained, RAINBOW hereby grants to CABARRUS a right-
<br />of-way and easement in, upon and through the Rainbow Property, more particularly
<br />described in the Rainbow Easement, and acknowledges that CABARRUS may record the
<br />Rainbow Easement in the Office of the Register of Deeds for Cabarrus County upon
<br />execution of this Agreement by CABARRUS and RAINBOW.
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