ML20033D139
| ML20033D139 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 08/26/1973 |
| From: | Baird F, Porter W CONCORD CEMETERY ASSOCIATION, DUKE POWER CO. |
| To: | |
| Shared Package | |
| ML20033D137 | List: |
| References | |
| NUDOCS 8112070282 | |
| Download: ML20033D139 (7) | |
Text
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STATE OF SOUTII CAROLINA )
AGREE' ENT COUNif OF YORK
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THIS AGREEMT:NT, Made this 26th cay of A'. gu s t 1973, by and between W. S. Baird, y Marvin Martin, Mrs. F. L. B,aird, Jack Cook
,and Willis N. Hanna y j {.)n. 't'u. 7ss. %
Trustees for CONCORD CEMETERY ASSOCIATION, a ncor rate as s oc,stt or.,
parties of the first part, and DUKE POWER COMPAIT,j L'. 2 4 C.
a Nor* c5roline corpora-tion, party of the second part; i
WITNESSETH:
THAT WHEREAS, W. S. Daird, W. Marvin Martin 1
Mrs. T. L. Baird, Jack Cook, and _Willic N. IIanna are the duly e)ected, pnp actJng, trustees for the COUCnPE CiliSTDJ. AJaa.-
t: jNfb. y al'. f) W 7tn. Yq ' y l
UON,a ncorporated associa' ion, and said stccs are tha ovners of tiu j
i following described real estate:
i ALL that certain piece, parcel or Ict of land situc 2, i
lying and being in the State of South Carolina, Ocunr., cf York, more particularly described as follows:
BEGINNING at the northeasterly corner of the pro.cr.rt; of the parties of the first part and runs thence with the l
line of the Duke Power Company property t:1c folla vin; courses and r'tstances: S 4-00 E 459.0 ft.; 3 21-55 V 301.0 ft.; S 75-50 E 65.0 ft.; S 8-52 rt 167.C ft.; U 65-23 W 297 ft.; N 3-06 W SS.C ft.; U 32-3/. '.V 05.7 ~t.:
i N 3-40 E 255.7 ft.; N !.-38 E 121.7 ft.; N 51-13 E 495. '
ft. to the BEGINNING, containing 6.0 acres, as chy:
on print dated October 11,1971, marke.1 Catawbc Dwr.
j No. 435, copy of which is attachad hereto and niado c 4
part hereof.
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AND WHEREAS, the property 8.ios with;n *he exclusior. anc '
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as that term is defined in Section 100.3 of the Rulet, an P. gulations * ? the Ii Jnited States Atomic Encrgy Commission) for Duke Power Compor.y'c mmsc2 Jatawba Nuclear Station, and the parties hereto decire to make this Agre : o.t r
- oncerning the use and occupancy thereof.
AND WIIEREAS, by a resolutioa duly adoptad at the rer,uler i
.innual meeting of the Association on the 26th day of Augurt,1.'M, thc Astceta-lon authorized and directed the trustees of the Associatiors te c:.ocut~ r.nn i
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deliver this Agreement.
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l IJOW, TilEREFORE, in consideration of the sum of One Dollar
($1.00) and other valuable considerations, receipt of which is hereby acknow-ledged, the parties of the first part agree with the party of the second part as hereinafter set out and have granted and by these presents do hereby grant and convey unto the party of the second part, the following rights and interests in the above described property, which rights and interests shall be deened l
appurtenant to and to run with the land and shall be binding upon the parties of the first part, their successors and assigns, for so long as the party of the second part shall operate the said Catawba Nuclear Station for the generetion of
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electric power or for a period of forty years from the date here.to, whichever is i
greates :
The property sha'l be used solely as a histcrical shrine and 1.
l for the purpose of conducting memorial and burial services.
2.
Notwithstanding the provisions of the immediately preceding.
paragraph, the use and occupancy of the property shall at all times be subject to (a).all provisions of the Atomic Energy Act of 1954, as e::lended and es rnay be further amended hereafter, (b) all Rules and Regulations of the Atomic Energy Comeission or its successor which now or may hereafter pertain to the uso en:1 occupanc f land within an " exclusion aroa" for a nuclear electric generating plant, and (c) all conditions and requirements which may hereafter bc 1:npo:ed by the Atomic Energy Commission or its successor in any permit or licance for the constraction, operation or maintenance of the said Catawho Euclear Station.
3.
The party of the second part shal! have (a) the right to evacuate the property of all persons at any time without any prio* cotice if in its opinion such evacuation is necessary or desirabic in the interest of public trealth and safety, and (b) in the event such evacuation is deemed necessary or desirable, the right to exclude all persons from the property until such timo t.s the party of the second part shall detarmiac that such exclusion is no longer Elecessary or destrable it the interest of public health and safet'y.
The party of the second part hereby acknowledges t:tct it has ne rights in or to the property not herein expressly provided, it bein; the inten: of this Agreeroent to give the party of the second part only such richts th:rcin es saw J
would enable it to construct and operate its Catawba Nuclear Station in accordance with applicable laws and regulations and to deterr-ine the nature and i hr.d of activities to be conducted on the property, including exclusion or re-l movcl of persons and property, in the interest M public health and safcty.
WITNESS our hands and seals this 2Eth day of August in the year of our Lord 1973 and in the 198th year of the Independence of the United Stat erica Signed, Sealed and-livered in n Mr faa r '_ [%.h
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the Pr sence of:
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TRUSTEES for CONCORD CEMETERY l
ASSOCIATION I
Signed, Sealed and Delivered DUKE POWER COMPANY in the Presence of-Qhgm O% t1
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VIc/r ' President WM WhW R-n /.? /sG,,.
Assistant Secrotar 3
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NCRTH STATE OF MXIIIGC CAROLINA ):-
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COUNTY C7 an6.
Willian L. Porter PERSONALLY appeared before as
- b. S. Baird, W. Marvin Hartin, made oath that _he saw the within named Mrs. F. L. Baird, Jack' Cook and Willis N. Hanna, Trustees for Concord Cemetery Association, act and deed deliver the within written deed, sign, seal and as
+wng, he with !" E r i. D "" ~
_ witnesusd the. execution and that j
thereof.
g SWORN to before me this mh day of 1,mb e +
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sota y Public. for North Carolit.a My t' - iesion Expires Novunber 21, 1974 h
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NORTH GTATE OF MWWFF CARCLINA )
COUNTY OF MECKLENBURG
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PERSONALLY appeared before me Williara L. Porter and made oath that be saw the within named Duke Power Oontpany by C. J. Blades Vice President, and Dorothea B. Stroupo Asst.
Secretary, sign, seal, and as its act and deed deliver the within written instrument, and that he with wanon11 R. Filmoth witn ess ed the execution thereof.
SWORN to before me this 27th
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(i day of _Aum2st 1973. )
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/ i:otary Public
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My Commission Expires November 21, 1974.
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To s.C. Hwy, NO.274 CO. go STAKE F465223 W. 297 -
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l DUKE POWER CO.
.'t (C.W KlMBRELL )
j CAT.22:
DUKE PC'VER COMPANY WYLIE STATION LANDS PLAT OF PROPERTY OF
.CO.NCORD, C EMETERY ASSOC,1 AT I ON BETHEL TOWNSHIP YORK COUNTY, - S. C.
SCALER l*s100' OCTOBER 11,1971 MISC. 94. NO. 252 CATAWBA OWG. NO435 b
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v RESOLVED, that the following officers and trustees be ' elected i
for the Concord Cemetery Association and that said officers and trustees be authorized to enter into certain Agreements with Duke Power Company, copics o which are attached hereto and ma63 a part of these Minutes:
9 President, W. S. Bair-:
l Vice Preside:., W. ' 4 irvin Martin Secretary-Treasurer, Mrs. F. L. Baird Trustee, Jack Cook c
Trustee, Willis N. Hanna I hereby certify that the foregoin'; is a true copy of the Minutes I
of Concord Cemetery Association dated Sunday, August 26, 1973.
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Secretary-Treasurer Concord Cemetery Association
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