ML20033D144
| ML20033D144 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 04/11/1974 |
| From: | William Jones, Mcalister V CONCORD CEMETERY ASSOCIATION, DUKE POWER CO. |
| To: | |
| Shared Package | |
| ML20033D137 | List: |
| References | |
| NUDOCS 8112070291 | |
| Download: ML20033D144 (8) | |
Text
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.B* ATE OF SOUTII CAROLINA 1 AGREEMENT COUNTY OF YORK
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l THIS AGREEMENT, Made this 11th day of April
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1974, by ana between CONCORD CEMETERY ASSOCIATION, a corporation f
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organized unlier the laws of the State of South Carolina, hereinafter referred l
to as the Association, and DUKE POWER COMPANY, a North Carolins cor-poration, hereinafter referred to as Duke; W I T N E.S S E T H :
THAT WHEREAS, the Association is the owner of the follcwing described real estate:
ALL that certain piece, parcel or lot of land situate, fing and being in the State of South Carolina, County o8 ork, more particularly described as follows:
BEGINNING at the northeasterly corner of the property of the parties of the first part and runs thence with the lins of the Duke Power Company property the following courses and distances: S 4-00 E 459.0 ft.: S 21-50 W 301.0 ft.; S 75-50 E 65.0 ft. S 8-52 W 167.0 ft.:
N 65-23 W 297 ft.: N 3-06 W 96.8 ft.; N 82-04 ?.* 95.7 ft.:
N 3-40 E 255.7 ft.; N 5-38 E 121.7 ft.:N 51-19 E 493.0 ft.
to the BEGINNING, containing 6.0 acres, as shown on print dated October 11, 1971, marked Catawba Dwg. No.
435, copy of which is attached hereto and made a pa:t hereof.
AND WHEREAS, the property lies within the " exclusion ares
(as that term is defined in Section 100.3 of the Rules and gogulationc of the United States Atomic Energy Commission) for Duke Power Compcny's proposed Catawba Nuclear Station.
AND WHEREAS, by resolution duly adopted at the regular annual meeting of the Concord Cemetery Association, the Cor. cord Cemetery Association authorized and directed the officers of the Concerd Cemet:ry Association to execute and deliver an access agreement which is lacorporcted herein by reference.
AND yv'HEREAS, Duke plans to construct a major gencrsting facility in the vicinity of Concord Cemetery, the parties do enter into an Agreement to leave the hesent cemetery (A) in its presont location as shown on the attached plat'and the remainder of the land owned by tic Concord Church 1
Associetion (B) is to be traded to Duke for similar cereage (C) outrije tha I
plant exclusion area as shown on the attac!.cd plat.
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AND wilEREAS, Catawba Nuclear Station will utilizc closed-cycle wet mechanical draft cooling towers which aro a well recognized and acceptabl3 method of condenser cooling. These cooling towers will be located in tho immediate vicinity of the approximato one (1) acre cemetery oaaed by the Concord Church Association. There will be plumo cmissions, drift and noisc associated with the operation of the said cooling towers.
NOW, TilEREFORE, in consideration of the sum of One Dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowicdged, the Association agrees with Duke as hereinafter set out as follows:
- 1. The Conecrd Church Association will trado the approximately five (5) acres of land located adjacent to the cometery to Duke for similar acreage outside the plant exclusion area. These areas are shown a: (B) and (C) on the attached plat.
- 2. The Association has selected a committoa consisting of the following parties:
Arthur 1..' Montgomery Willis N. Hanr.a Jack Cook Jim Pettus A. R. Winn with full authority to negotiate with Duke and to be availabis for coaplating the terms ci this Agrecatent.
- 3. Duko will grade the area surrounding the existing cemetery.
The ground lev 61 for the cooling towers will be at a lower level than that of the existing cemetery; therefore, there will be a slope running fro:n the icvel of the cemetery down to the level of the cooling towers. Thir, slope will bs beautified by planting grass and shrubbery after the initial grsding for tho project is complete. The grass and slopes will be maintained by Duke during the life of the plant.
- 4. Access to the approximate one (1) acre cemetery will be in accordance with the access agreements dated August 26 and 23,1970 and subsequent amendments. During the initial grading, access to the cemetery will be provided upon request of the Asaociation. Duke will makc tha precent.
cemetery within its present confines available upon notice for fanerals ami visitation ir accordance with present and subsequcnt access agrooments..m.~.nw<
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- 5. A permanent driveway will be constructed after initial grading is completed from the nearest public road by which access to the existing cemo-tery will be feasible in accordance with *.he previously mentioned tecess I
agreements.
- 6. Existing gravestones will be sandblasted. Repairs will be made 4
to stones, as necessary, by Duke.
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- 7. The previously mentioned committee will work closely with Duke to select the specific property lines of the property thet Duke will trade to the i
Association. The genera 11ocation is shown as (C) on the attached plat.
Additionally, the committest willlay out the service road, parking, and picnic I
The committec will mark trees area at the new site and Duke will construct.
l to be removed from the area by Duke.
S. Duke will baild a picnic shelter as good as, or better, than the existing shelter at the old Cte.
Duke will pay to the Association funds for perpetual n.aintenance I
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and care of the existing cemetery and the new site in the amount of Fiftsen 4
Thousand Dollars ($15,000.00). Payment will be made upon exchange of i
deeds conveying acceptable titles to both parties. If Duke does not agree to the title passed by the Association, the Association will cooperate fally,in any manner, to convey good and clear title to Duke. Any cxpensos incurred by action to clear tule, will be the responsibility of Duke.
1 WITNESS our hands and seals this lith day cf
_ in the year of our Lord __1974
_ and A nril in the 198th year of 11 e Independence of the United Stat:s of America.
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. CONCORD CEMETDW ESCG.'.TIOS Signed, Sealed & Delivered in the Presence of j a s f C...... ~ _ >
by MACA W. 6. Baird, President i) n Attestb.?
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Mrs. F. L. f.sizd, Sccretar.
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Signed, Sealed & Delivered in the Presence of
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Willis N. Hanna rustcc (Seal) e
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Jim Pettus Trustoa
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A. R. Winn Trustee Signed, Sealed & Delivered in the DUKE POWER COMPAfiY Presence of NIN' D M e a> 3 k h by Cs/}. Blades, Vice Presioent NMMM A
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Assissant Sc::rctarf ~
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STATE OF SOUTH CAROLINA )
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PERSONALLY appeared before me and made oath that be saw the within named by President, and Secretary, sign, seal, and as its act and deed deliver the within written instrument, and that he with witnessed the execution thereof.
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Notary Public
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STATE OF SOUT11 CAROLINA, !
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COUNTY OF YORK.
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PERSONALLY appeared before me Sarah L. Furas and made oath that she saw the within-named W. S. Baird, President, snd Mrs. F. L. Faird, Secretary, and Arthur L. Montgomery, Jack Cook, Jim Pettus, and Richard A. (A. B.) Winn. Trustees, of Concord Cemetery Association, sign, seal, and as their acts and deeds deliver the within written deed, and that she with James M. Dickson witnessed the execution thereof.
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DUKE POWER CO.
(C.W KIM SRE LL )
CAT..'28 DUKE POWER COMPANY WYLIE LTATION LANDS PL AT OF.
PROPERTY OF CONCORD CEMETERY ASSOCI ATION BETHEL TOWNSHIP YORK COUNTY.
S. O SCALER 1* a 100*
OCTOBER ll,1971 NtSC. SK. Na 252 CATAWBA DWG. NO435 s
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