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P~f y- /s aoo~ <br />' ~ County of Orange and Association for the Preservation of the Eno River Agreement lp Q <br />September 15, 2009 <br />STATE OF NORTH CAROLINA <br />COUNTY OF ORANGE <br />MEMORANDUM OF AGREEMENT <br />ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER <br />and <br />COUNTY OF ORANGE <br />REGARDING UTILIZATION OF WATER SUPPLY WELL <br />THIS AGREEMENT, made and entered into between the Association for the Preservation of the <br />Eno River, Inc.,, a 501(c)(3) non-profit corporation organized and existing under the laws of the <br />State of North Carolina, with an address of 4404 Guess Road, Durham, North Carolina 27712 <br />(hereinafter referred to as the "Association"), and the County of Orange, an elected body of <br />North Carolina, with an address of 200 South Cameron Street, Hillsborough, North Carolina <br />27278 (hereinafter referred to as the "County"), for the utilization of a former water supply well. <br />WITNESSETH <br />WHEREAS, the parties are vested with the power and authority to own and improve real estate <br />for recreational and other public purposes; and <br />WHEREAS, the Association owns a parcel of land in Orange County known as the Eno <br />Confluence Property, identified by Orange County TMBL 3.4..3, and Orange County PIN <br />9856362947, with a street address of 4214 Highland Farm Road, which is currently used for <br />open space conservation and watershed protection, and may be used for educational or other <br />purposes in the future; and <br />WHEREAS, Orange County is interested in monitoring groundwater conditions across the <br />County, and as such, intends to develop the Orange County Groundwater Observation Well <br />Network, an assemblage of observation wells located across the County; and <br />WHEREAS, the County and the Association recognize the mutual benefit and interest of the <br />parties hereto, and to the public generally, in the operation of the proposed Groundwater <br />Observation Well Network; and <br />WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract <br />and agree, each with the other, for the joint use of facilities for the stated public purposes; and <br />WHEREAS, an out-of--use water supply well is located on the Eno Confluence Property near <br />Highland Farm Road; and <br />