ML20033D141

Memorandum of Agreement Between Util & Concord Cemetery Association Providing Util Right to Control Activities on One Acre of Land Located within Exclusion Area

ML20033D141
Person / Time
Site:	Catawba
Issue date:	08/28/1973
From:	Porter W, Wilmoth W CONCORD CEMETERY ASSOCIATION, DUKE POWER CO.
To:
Shared Package
ML20033D137	List: ML20033D136 ML20033D139 ML20033D141 ML20033D144
References
NUDOCS 8112070285
Download: ML20033D141 (7)

Text

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STATE OF SOUTH CAROLINA )

AGREE MENT COUNTY OT YORK

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THIS AGREEMENT, Made th,

28th dey of Au2ust 1973, by and between CONCORD CEMETERY ASSOCIA' TON, a corporr. tion organized under the laws of the State of South Carolins, pvty of the first part, and DUKE PONER COMPANY, a North Cars!1na corporation, party of the second p1rt; WITNESSETH:

l THAT WHEREAS, the party of the first part is thc ovncr of the i

following described real estate:

i ALL that certain piece, parcel or lot of 13.cd situate, t

lying and being in the State of South Carolins, County of l

York, more particularly described as follows:

BEGINNING at the northeasterly corner of the pro?crty of the parties of the first part and runs thence with the line of the Duke Power Company property the follo ving i

courses and distances: S 4-00 E 459.C ft.; E 21-5f, W 201.0 ft.: S 75-50 E 65.0 ft.; S 0-52 W 167.0 ft.;

N S5-23 W 297 ft.: N 3-06 W 96.8 ft.: N 82-C4 W 95.7 ft.: N 3-40 E 255.7 ft.: N 5-30 E 121.7 ft.,

N 51-19 E 493.0 ft. to the SEGINNING, containing 6.0 acms, as st.own on print dated Cctober 11, 1971, marked Catawba Dwg. No. 435, copy of which is attached hereto and made a part hereef.

AND WHEREA3. the property lics within the exclusion arca" (as that term is defined in Section 100.3 of the Rules and Regulations o' tno United States Atomic Energy Commission) for Duke Pc ver Conpsny's me Catawba Nuclear Station, and the parties hereto dccire to make this Acreement concerning the use and occupancy thereof.

AND WHEREAS, by a resolution duly adopted at the regular annual meeting of the Concord Cemetery Association en the 26th cr.y of August,1973, the Concord Cemetery Association authorized and di:ceted the officers of the Concord Cemetery Association to execute and deliver this Agreement.

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I NOW, TIIEGETORE, in consideration of the succ. cf Cne Dollar

($1.00) and other valuable considerations, receipt of which is hereby acknow-3 4

ledged, the party of the first part agrees with the party of the second part as hereinafter set out and hts granted and by these presents does hereb'y grant an:

convoy unto the party of the second part, the following rights an; interects in the above described property, which rights and interestr. shall be deemed appurtenant to and to run with the land and shall be bindin7 upon the par'y of the first part, its successors and assigne, for so long as the party of the second part shall operate the said Catawba Nuclear Station for the genarction of electric power or for a period of forty years from the date horcto, whichevcr is greater:

1.

The property shall be used solely as a historical shrine and for the purpose of conducting memorial and burial services.

2.. Notwithstanding the provisions of the immediately preceding paragrapn, the use and occupancy of the property shall at all times be subjcct to (a) all provisions of the Atomic Energy Act of 1954, as amcnded and al reay be further amended hereafter, (b) all Rules and Regulations of the Atomic Energy Commission or its successor which now or may hercafter pertain to the. ucc and occupancy of land within an " exclusion area" for a nuclear electric generaung plant, and (c) all conditions and requirements which raay hercafter be imoo.cd by the Atamic Energy Commission or its successor in any permit or license for the construction, operation or maintenance of the said Catawha Nuclear Station.

3.

Thc party of the second part shall have (a) the right to evacuate the property of all persons at any time without any prict actico 1_"le:

its opinion such evacuation is necessary or desirable in the interest of public health and safety, and (b) in the event such evacuation is deemed accessary cr desirable, the right to exclude all persons from the property until such time as the party of the second part Phall determine that such exclusion is na longer necessary or desirable in the interest of Iublic health and safety.

The party of the second part hereby acknowledges that it has no rights in or to the property not horein expressly provided, it being the intcnt of this Agreement to give the party of the second part only such rights therein as..

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would enable it to construct and operate its Catawba Nuclear Ststier. in accordance with applicable laws and regulcticas and to determine the nature and kind of acuvities to be conducted on the property, including exclucion or removal of persons and property, in the interest of public health and safety.

IN WITNESS WilEREOF, party of the first part hac caused this 28th instrument to be exemed by its duly authorized officials, this the day of

' Aucrus t in the year of our 12rd 1973 snd in the 19Pth year of the Independence of the United State:. cf lectica.

ATTEST:

CONCORD CE'!ETITC ASSOCIATIO!!

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Secretary President Signed, Sealed and Delivered in the Presence of:

L sarawaaa3 DUKE POWER CO'.:PMW By(Y lt: t his)

/ Vice President AssistantSecretafy l

Signed, Sealed and Delivered in 1

the Presence of:

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NORTH STATE OF EXEE3DCCAROLINA )

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William L. Porter PERSONALLY appeared before me and made oath that he saw the within named Concord Cemetery Association by W. S. Baird President, and Mrs. F. L. Baird Secretary, sign, seal, and as its act and deed deliver the within written instrument, and that he wit'h wande11 R. Wilnoth witnessed the execution thereof.

SWORN to before me this 28th

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day of August 1973

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Notary Public for

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i North Carolina My Commissio* Expires November 21, 1974.

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i NORTH STATE OF RW1CX2KCAROLINA )

COUNTY OF MECKLENBURG

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PERSONALLY appeared before me Wendell R. Wilmoth-j and made oath that he saw the within named Duke Power Company by C. J. Blades Asst.

Vice President, and John C. Goodman, Jr.

Secretary, sign, seal, and as its act and deed deliver the within written instrument, and that he with Elizabeth A. Trammell witn es s ed the execution thereof.

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SWORN to before me this 27th

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My Commission Expires November 21, 1974.

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DUKE DOWER COMPANY WYLIE STATION LANDS PLAT OF PROPERTY OF CONCORD CEMETERY ASSOCI ATION BETHEL TOWNSHIP WRK COUNTY, S. C.

I SCALE: l* s 800' CCTO9ER 11,1971 MISC. BK. NO, 252 CATAWBA DWG. NO4S5

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RESOLVED, that the followhg officers and trustees be elected for the Concord Cemetery Association and that said officers ano trustees be authorized to enter into certain Agreements with Duke Power Corapany, co;1es of ;

which are attached hereto and made a part of these Minutes:

President, W. S. Baird Vice President, W. Marvin Martin Secretary-Treasurer, Mrs. T. L. Baird Trustee, Jack Cook Trustee, Willis N. Hanna l

I hereby certify that the foregoing is a true copy of the Minutes of Concord Cemetery Association dated Sunday, August 26, 1973.

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Secretarv-Troasurer Concord Cemctory Association

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