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5. The County currently leases approximately 1.2 acres of the Green Property for a <br />pump station that serves the Plant (the "Existing Leased Area"). The Existing Leased Area is <br />shown in red cross -hatch on Exhibit A attached hereto and incorporated herein by reference. The <br />lease will expire in 2034. <br />6. WSACC sought to expand the capacity of the Plant but was unable to comply <br />with current zoning ordinance provisions requiring a 75 foot vegetative buffer between the <br />WSACC Property and the Green Property. <br />7. WSACC and the County applied for and were granted a variance by the Board of <br />Adjustment from the buffer requirement (the "Variance"). <br />8. The Heirs appealed the Board of Adjustment's decision granting WSACC and the <br />County the Variance to Cabarrus County Superior Court in case captioned IN RE APPEAL BY. - <br />HEIRS OF JOHN BUNYAN GREEN, LLC, a North Carolina limited liability company v. <br />CABARRUS COUNTY, a North Carolina body politic and incorporate, WATER AND SEWER <br />AUTHORITY OF CABARRUS COUNTY, and CABARRUS COUNTYPLANNING AND ZONING <br />COMMISSION in its capacity as the CABARRUS COUNTY BOARD OF ADJUSTMENT (17 <br />CVS 0028957) (the "Lawsuit"). <br />9. During a hearing in Cabarrus County Superior Court, the trial court dismissed the <br />Heirs' Lawsuit. <br />10. WSACC determined that in order to adequately meet the needs of the surrounding <br />community and ensure future use of the Plant, it was necessary to condemn (a) fee simple title to <br />the Existing Leased Area; and (b) a 75 foot wide permanent vegetative buffer easement as shown <br />in yellow cross -hatch on Exhibit A (the "Proposed Buffer Area") from the Green Property <br />(Existing Leased Area and Proposed Buffer Area together, the "Property"). <br />904738 v.0 2 <br />F-3 Page 292 <br />