1975-09-08 SpM Exhibits..
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S".1+ATE U~' NUItTN CAftQIlIN.1~
COUNTY Ole NEW IIANO'V'FIt
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A.QREENIENT
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THIS ACIREEMENT lraade and entered into this the ~~ day of ~--,
15'I5 , by and between NEW HANOVEft COUNTY , party of the first part , +snci the
CITY O$ WILMINGTQi"I part~r of the second part, both rnunicYgal eorporaticns
i~-c ,larch Caralina,
~`ITNES SETI3
lR'I-IEftEAS , the party of the first prx.rt is the owner of a certain tract
of land on the southeastern corner of North Fourth. Strut and Princess Street
in the City o€ iNiltriingtan , and
WHEftFAS, the City of ti4ilmington is the owner of North Fourth Street
~.nd Princess street, and
WHEREAS, the party of the first g~.rt is desirous of constructing a
building on its property and in doing so, it is necessary to destroy certain prop~'rtit
belong;fng to the panty of the second part , and the party of the first paa.'t is alsca
desirous of putting in tie-backs in both North Fourth Street and Princess Street
a.rxd
WHEREAS , certain ether property of the City cif ~ulYilmington will be
damaged or destroyed by the party of 'the first part
NOW , T]~IEREFORE , for and in eonsideratinn of the City of '~"~`ii~rain~to~rx's
permis.sian to pYxt these tie--backs and/or anchors into the public' street, the party
Qf the first paxt a~'rees that it will remove at its own e~pex~se tI~sesc tie-haci.s
and/or ahchors when and if it becomes necessary for the 9.nstallation cf other private
or municipal utility lines, pipes, or ttxiderground structures of any kind The
party of the first part zagrees. that it will be responsible fo?~ the repair and/or
rEystox°s~tia~n of any facilities rlsrr-~~ed now or in t#xa future bey the instal:istion ref
ar work involved ire the construction of this building and. the z:x ~~:~~ra~:u:z W~_vj~sr~s
tie-backs
Thc~ party of the first part further agrees with the party of the
;~ecand part as follows
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1 That it wi11 replace all sidewalk, curb and gutter with concrete
on the south side of Princess Street from North Fourth Street to North Fifth Avenue
2 That it will replace all curb, sidewalk, and drainage items with
Concrete on the west side of the City property now being occupied by the library
from the curb line to the property line
3 That it will replace the dry well on the western side of the
library .
4 That it will replace all of the sidewalk, curb and gutter with
concrete on the eastern side of North Fourth Street and resurface North Fourth
Street between Princess Street and Market Street as determined necessary by the
Director of Engineering and Services
5 That it will replace such curb and sidewalk with concrete as
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is damaged on the -- ~--.~,w.-~ side of 'North Fourth Street
6 All existing storm drains will be repaired and connected to the
abovezaentioned curbs and gutters
Each of the above provisions of this contract Shall be ale~~rr,ed to
rrxx~ wi#h the bracts of land and shall be valid and binding upon the respective
successors in title of the parties to this agreement to the same extent that they
are binding upon the original parties to this agreement as herein set out .
IN TESTIMONY WHEREOF , the said parties have executed this agree°
ment in duplicate originals , one of which is hereby retained by each of the parties ,
the day and year herein above written .
NEW HANOVER COUNTY
By ~ ~(i. ~... ~ __
Chairman of the New Hanover County
Board of Commissioners
ATTES~.y
__ u Clerk
CITY OF° ~"?ll.,:°~~lla3~~`~.~'6iv
~' 14iayor
ATTEST
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- _ _ City Clem
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
This the $ day of ~,,;~,~,u _, 1975 , personally appeared before
me ~ ,., ~` ~~,/ a Notary Public in and for the State and
Count oresaid, Al ce~~ Brown, who, bean dul sworn, sa s that she knows
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the common seal of the County of New Hanover and is acquainted with Peter R
Davis, who is Chairman of the Boarrd of Commissioners of New Hanover County.
and that she, the aaid,Alyce B Brown, is Clerk to the Board of Commissioners of
New Hanover County , and saw the Chairman of the Board of Commissioners of
New Hanover County sign the foregoing instrument, and saw the said common
seal of the County of New Hanover affixed to said instrument by said Chairman.
and that she, the said Alyce B Brown, Clerk to the Board. signed her name in
attestation of the due execution:. of the said instrument in the presence of said
Chairman of the Board of Commissioners of New Hanover County
WITNS38 rnp hand and seal this the ~c~~ day of ~~~ 197
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Notary Public
My commission .expires.
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
This the ~ ~ day of S e ~~ I ~ ;,-,b~ r 1975 , personally appeared before
me, f~'-~ ~ w ,~ C' , ~ , ; ~~ ~ ~ ~: a N ~ Public in and for the State and
County aforesaid, Claire Hughes, who, being duly sworn, says that- she; knows
the common seal of the City of Wilmington and is acquainted with Herbert B
Brand , who is Mayor of the City of Wilmington , and that she , the said Claire
Hughes, is City Clerk of the. City of Wilmington, and saw thc~ Mayor of the City
of Wilmington sign the foregoing instrument, and saw the said common seal of
said City of iilmington affixed to said instrument by said A~Tayor, and that she,
the said Claire Hughes, City Clerk as aforesaid, signed her name in attestation
````,~~~~~~~of the due execution of the said instrument in the presence of said Mayor of
`~ ~ ~ 'tdlr,,~ty of Wilmington
:'' ~~.~ ~ ~' < % WITNESS my hand and seal this the ~ day of 5 E ,~ j~: ,,,her , 1975
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l~y commission expires
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P,ESOLUT I OfJ CONCERtJ I PJr N C CLEAN WATEP, BOi'JD FUNDS,
201 FACILITIES PLAN FOR CA.ROLIPJA - KURE BEACH PLANNING AREA
WHEREAS, The PJorth Carolina Clean Vlater Bond Act of 171 has authorized the
making of grants to aid elegible units of government in financing
the cost of construction and planning of wastewater treatment works,
wastewater collection systems, and water supply systems, and
WHEREAS, The County of JJevr Hanover has need for and intends to construct a
tilastewater Treatment Facility and sewer interceptors, sewer lift
stations, and appurtenances in ^Jew Hanover County in order to meet
local, State, and Federal pollution abatement and health require-
ments, and
VlHEREAS, The County of Jew Hanover intends to request State grant assistance
for the project,
~JO>r! THEREFORE BE l T RESOLVED, BY THE BOARD OF COMM I SS I O~IEP.S OF THE COUNTY OF
NEW HANOVER
That the County will arrange financing for all remaining costs of
the project, if approved for a State grant award
That the County will adopt and place into effect on or before
completion of the project a schedule of fees and charges which
will provide adequate funds for proper operation, maintenance and
administration of the system
That the County will provide for efficient operation and maintenance
of the project on completion of construction ti~aereof
That Peter R Davis, Chairman, and successors 'so titled, is hereby
authorized to execute and file an application can behalf of the County
with -t-he State of North Carolina for a grant t~ aid in the construction
of the project described above
That Peter R Davis, Chairman, and successors so titled, is hereby
authorized and directed to furnish such information as the approp-
riate State agency may request in connection vaath such application
or the project to make the assurances as conl`ained above, and to
execute such other documents as may be require in connection with
the application
That the County has substantially complied or ~~rill substantially comply
Mrith all Federal, State, and local laws rules regulations, and
ordinances applicable to the project and to Federal and State grants
and loans pertaining thereto and hereby authcr~-ized the above designated
representative to execute an affidavit so statn~nq
Adopted this the 8th
C i erk i~o tJ,e Board
day of September , 19 75
NEW HANOVER COUfJTI~ BOARD OF COF4P~11 SS I ONERS
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Chairma ''
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Commissioner
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