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Draft 2 - 8/20/10 4 <br />WHEREAS, it is recognized by both parties that there are limitations imposed by <br />safety considerations caused by the site's previous use for waste-disposal <br />purposes, as addressed in part by a geo-technical report ("Report of <br />Geotechnical Evaluation, Closed Hillsborough Landfill Site, July 19, 2000") that <br />have affected .the potential locations within the site for a park; and <br />WHEREAS, a Fairview Park Master Plan was created by a committee of County <br />and Town representatives in 2006 and was subsequently adopted by both the <br />Town and County Boards of Commissioners; and <br />WHEREAS, the County and Town- jointly applied for and received grant funding <br />for park construction from the N.C. Parks and Recreation Trust Fund in 2009; <br />and <br />WHEREAS, the laws of the State of North Carolina provide that the parties <br />hereto may contract, for the joint design, construction, development and use of <br />facilities for the stated public purposes; and <br />WHEREAS, construction of park facilities began in early 2010 upon awarding of <br />a construction bid following open bid solicitation procedures, and is currently <br />underway located on both Town and County-owned portions of the site; and. <br />WHEREAS, the parties hereto agree to address needed:.. property exchanges for <br />public safety and liability concerns, Town contributions to park operations and <br />potential annexation into'the Town of Hillsborough, among other matters: <br />NOW, THEREFORE, in consideration of the foregoing and on mutual promises <br />and obligations set forth herein, the. receipt and sufficiency of which is hereby <br />acknowledged, the parties agree as follows: <br />1'' PROPERTY EXCHANGES AND ACGESS EASEMENTS <br />a. In order to address- potential liability issues and simplify ownership <br />boundaries which find facilities located on or across property lines, <br />the Town and County agree to an exchange of properties within the <br />Fairview Park site (please see Map 1-a and 1-b). <br />i. The County will convey to the Town approximately one (1) <br />acre of land along Rainey Avenue including the existing <br />Town of Hillsborough Police Department, Fairview <br />Substation and its adjoining parking area, as shown in Map <br />2. <br />ii. The Town will convey to the County its portion of land <br />containing the facilities for Fairview Park, along with a <br />connecting strip of land as shown in Map 2. <br />iii. Three easements will be executed as part of this land swap: <br />