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585
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<br /> 2. RESPONSIBILITY FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE.
<br />CABARRUS shall: (a) construct and install the Sewer Line described in the
<br />Rainbow Easement in the manner and to the extent set forth therein; (b) subject
<br />to the reimbursement agreement set forth herein, shall pay for all expenses
<br />associated with the Sewer Line, including engineering and legal fees; and (c)
<br />shall, upon completion, be the owner of and shall maintain the Sewer Line.
<br /> 3. REIMBURSEMENT AGREEMENT. When RAINBOW, and/or its assignee(s),
<br />desires to connect to the Sewer Line, RAINBOW and/or its assignee(s), shall pay
<br />to CABARRUS an acreage fee of $727.00 per acre of the Rainbow Property served
<br />by the Sewer Line (the "Acreage Fee"); provided that the Acreage Fee for RAINBOW
<br />for the Rainbow Property shall not exceed $53,071.00. (Said sum represents the
<br />full value of the Acreage Fee for the 73 acres of the Rainbow Property served
<br />by the Sewer Line multiplied by the $727.00 per acre charge therefor.) In
<br />addition, upon application to CABARRUS and payment of a connection charge not
<br />to exceed $875.00 per connection, CABARRUS hereby grants to RAINBOW or its
<br />assignee(s) up to eight (8) 4-inch connections to the Sewer Line and so many
<br />additional or larger connections as may be requested by RAINBOW at CABARRUS'
<br />then existing approval rate schedule.
<br /> 4. NOTICES. Any notice required or desired to be given under this
<br />Agreement shall be deemed given if in writing sent by certified mail to CABARRUS
<br />at Post Office Box 707, Concord, North Carolina, or to RAINBOW, c/o of George
<br />L. Kiser, Jr., General Partner, 123 S. Main Street, Kannapolis, North Carolina
<br />28081.
<br /> 5. ENTIRE AGREEMENT. This Agreement contains the entire understanding
<br />and agreement of CABARRUS and RAINBOW, shall be binding upon and inure to the
<br />benefit of the assigns of RAINBOW, and may be changed only by an Agreement in
<br />writing, signed by RAINBOW and CABARRUS.
<br /> IN WITNESS WHEREOF, the parties hereto have signed and executed this
<br />Agreement pursuant to authority duly granted.
<br />
<br />ATTEST:
<br />/s/ Frankie F, Small
<br /> Clerk
<br />
<br />Approved as to form:
<br />/s/ Fletcher L. Hartsell, Jr.
<br /> County Attorney
<br />
<br />CABARRUS COUNTY
<br />By: /s/ James W. Lentz
<br /> Chairman
<br /> Board of Commissioners
<br />
<br />RAINBOW PROPERTIES
<br />LIMITED PARTNERSHIP
<br />By:/s/ George L. Kiser, JR,
<br /> General Partner
<br />
<br />(SEAL)
<br />
<br />(SEAL)
<br />
<br />NORTH CAROLINA
<br />
<br />CABARRUS COUNTY
<br />
<br />RIGHT-OF-WAY and EASEMENT
<br />
<br /> THIS RIGHT-OF-WAY and EASEMENT, made and entered into this 19th day of
<br />November, 1990, by and between RAINBOW PROPERTIES LIMITED PARTNERSHIP, of
<br />Cabarrus County, North Carolina, hereinafter referred to as "GRANTOR" (whether
<br />singular or plural), and CABARRUS COUNTY, NORTH CAROLINA, a body politic and
<br />political subdivision of the State of North Carolina, hereinafter referred to
<br />as "COUNTY" );
<br /> W I T N E S S E T H: that --
<br /> FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable
<br />consideration in hand paid by COUNTY to GRANTOR, receipt whereof is hereby
<br />acknowledged, GRANTOR does hereby give, grant and convey unto COUNTY, its
<br />successors and assigns, a perpetual Easement/Right-of-Way twenty (20) feet in
<br />width to go in and upon GRANTOR's real property located in No. 4 Township,
<br />Cabarrus County, North Carolina, as more particularly described in a survey and
<br />map by Concord Engineering & Surveying, Inc., attached hereto as "Exhibit A,"
<br />and incorporated herein by reference, together with a construction easement an
<br />additional ten (10) feet in width on both sides of the permanent easement.
<br />
<br /> AND TO CONSTRUCT, MAINTAIN AND OPERATE in, upon and through said premises
<br />a utility line or lines (water, sewer or otherwise), with all necessary pipes
<br />and/or appurtenances, together with the right at all times of ingress, egress
<br />and regress thereon, and the right of entry upon said premises for the purpose
<br />of inspecting said line(s), making repairs or alterations thereon, and/or
<br />
<br />
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