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HomeMy WebLinkAbout2013-102 Planning - Andy Lloyd Land Investment Company, LLC for Well Abandonment $4,900 STATE OF NORTH CAROLINA WELL ABANDONMENT AGREEMENT ORANGE COUNTY THIS WELL ABANDONMENT AGREEMENT is made this is' day of 1—,2013 ("Effective Date"),by and between ANDY LLOYD LAND INVESTMENT COMPANY,LLC, a North Carolina Limited Liability Company,hereinafter referred to as "Owner" and ORANGE COUNTY, a North Carolina County,hereinafter referred to as "County." WITNESSETH: THAT WHEREAS, Owner certifies it is the fee simple owner of certain real estate, hereinafter referred to as the "Property" identified as PIN # 9854-18-0304 and described Deed Book 5517 at Page 453, Orange County Registry; and WHEREAS, the County has constructed the Central Efland-North Buckhorn Sewer System (hereinafter the "Sewer System") to provide public sewer access to the residents in the Central Efland-Northern Buckhorn area; WHEREAS the North Carolina Division of Water Quality has required the County to permanently abandon all Water Wells located within 100 feet of. any manholes prior to the issuance of the operation permit for the Sewer System, to prevent inadvertent contamination of ground water. WHEREAS a Water Well is located on the Owner's property within 70 feet of a manhole and is required to be permanently abandoned pursuant to the project funding conditions imposed by the North Carolina Infrastructure Finance Division. THEREFORE, in consideration of the foregoing and the additional covenants contained herein,if any, the Parties agree as follows: 1. Condition of the Water Well: Owner agrees and acknowledges that the Water Well located on the Property was temporarily abandoned and taken out of service pursuant to Permit #XS06-00319 issued in 2006. Owner further acknowledges that since date of temporary abandonment, the Owner has ceased all use and access to the Water Well for any purpose. 2. Water Well Abandonment: the County shall permanently abandon the Water Well located on the Property and take it out of service at no expense to the Owner. The County shall hire a licensed and certified well contractor to permanently abandon and plug the Water Well. The well shall be permanently abandoned in compliance with applicable County and State regulations. 3. Relinquishment of Water Well Rights and Compensation: Owner hereby relinquishes all rights to use and access the Water Well in favor of the County. Owner shall receive the sum 1 of Four Thousand Nine Hundred Dollars ($4,900) as compensation for the rights relinquished pursuant to this Agreement. Payment shall be made upon submission of the Well Abandonment Record to the North Carolina Department of Environment and Natural Resources — Division of Water Quality. 4. Water Line Connection: Owner acknowledges and agrees that the Property is connected to and receiving water supply from the Orange Alamance Water System. The permanent abandonment of the Water Well shall not impair the Owner's ability to receive water supply from the service provider. County has no obligation to maintain the water line or associated infrastructure on the Property. The Owner shall be responsible for maintaining the water system infrastructure on the Property and paying the water utility bill in accordance with the terms of the water service provider. 5. Permits and Cooperation: Owner shall, at the request of the County apply for, execute, acknowledge and deliver to the County all permits, applications, forms, instruments and documents which may be reasonably required for the permanent abandonment of the Water Well. 6. No Additional Wells: Owner agrees that no additional water wells may be drilled or enabled on the Property within 100 feet of any manhole and any new well drilled must adhere to all required setbacks in compliance with applicable County and State regulations. County reserves the right to require the Owner to abandon any and all such wells drilled in violation of this Agreement. 7. Property Access: Owner grants to County and the State of North Carolina (including agents, contractors, subcontractors, officers, designees and employees) continued access to the Property for the purpose of taking such soil, water and air samples as may be necessary, taking other actions related to the investigation of surface or subsurface conditions, plugging or abandoning water wells, and taking response action necessary to mitigate any threat to human health or the environment. Owner agrees not to interfere with such access. If the Property is damages by the access granted herein, the County shall, to the extent reasonably possible, restore the Property to the same condition in which it exists as of the date the Owner relinquishes the use and access of the Water Well. Plugging and abandoning the Water Well shall not be considered damage to the Property. 8. Binding Effect: Owner and the County each bind themselves their successors, assigns, officers and representatives to the terms of this Agreement. 9. No Limitation on Authority: Nothing in this Agreement shall be construed as limiting in any way the authority of the County to exercise statutory access rights or to take any other action authorized by law. The County further reserves the right to transfer, convey or assign its rights pursuant to this Agreement without prior notice or consent of Owner. 10. Complete Agreement: The terms contained in this Agreement constitute the entire integrated Agreement between the parties regarding the subject. This Agreement supersedes all 2 prior oral and written communications, agreements, and understanding between the parties. This Agreement may be amended only by a written instrument signed by the parties. 11. Governing Law: This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. 12. Dispute Resolution: Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 13. Severabilit : If any provision of this Agreement is held as a matter of law to be unenforceable,the remainder of this Agreement shall be valid and binding upon the parties. IN WITNESS WHEREOF, the Parties have set their hands and seals the date first above written. ORANGE COUNTY: OWNER(S): ANDY LLOYD LAND INVESTMENT COMPANY,LLC By: By: Frank . Cfton Co o anager Andrew Ben Lloyd,Jr.,Manager Attestedby: Donna Baker, Clerk This instrument has been approve as to technical content. ZJ� &<ig i�en ,Departrd' ire'ctor This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Office of the Finance Officer This i trument has been appra�pa as to legal form and sufficiency. Office of the 114Attorney 3