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STATE OF NORTH CAROLINA WELL ABANDONMENT AGREEMENT <br /> ORANGE COUNTY <br /> THIS WELL ABANDONMENT AGREEMENT is made this is' day of <br /> 1—,2013 ("Effective Date"),by and between ANDY LLOYD LAND INVESTMENT <br /> COMPANY,LLC, a North Carolina Limited Liability Company,hereinafter referred to as <br /> "Owner" and ORANGE COUNTY, a North Carolina County,hereinafter referred to as <br /> "County." <br /> WITNESSETH: <br /> THAT WHEREAS, Owner certifies it is the fee simple owner of certain real estate, <br /> hereinafter referred to as the "Property" identified as PIN # 9854-18-0304 and described Deed <br /> Book 5517 at Page 453, Orange County Registry; and <br /> WHEREAS, the County has constructed the Central Efland-North Buckhorn Sewer <br /> System (hereinafter the "Sewer System") to provide public sewer access to the residents in the <br /> Central Efland-Northern Buckhorn area; <br /> WHEREAS the North Carolina Division of Water Quality has required the County to <br /> permanently abandon all Water Wells located within 100 feet of. any manholes prior to the <br /> issuance of the operation permit for the Sewer System, to prevent inadvertent contamination of <br /> ground water. <br /> WHEREAS a Water Well is located on the Owner's property within 70 feet of a manhole <br /> and is required to be permanently abandoned pursuant to the project funding conditions imposed <br /> by the North Carolina Infrastructure Finance Division. <br /> THEREFORE, in consideration of the foregoing and the additional covenants contained <br /> herein,if any, the Parties agree as follows: <br /> 1. Condition of the Water Well: Owner agrees and acknowledges that the Water Well <br /> located on the Property was temporarily abandoned and taken out of service pursuant to Permit <br /> #XS06-00319 issued in 2006. Owner further acknowledges that since date of temporary <br /> abandonment, the Owner has ceased all use and access to the Water Well for any purpose. <br /> 2. Water Well Abandonment: the County shall permanently abandon the Water Well <br /> located on the Property and take it out of service at no expense to the Owner. The County shall <br /> hire a licensed and certified well contractor to permanently abandon and plug the Water Well. <br /> The well shall be permanently abandoned in compliance with applicable County and State <br /> regulations. <br /> 3. Relinquishment of Water Well Rights and Compensation: Owner hereby relinquishes <br /> all rights to use and access the Water Well in favor of the County. Owner shall receive the sum <br /> 1 <br />