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WHEREAS, as a condition to permitting Cardens to construct, <br />maintain and operate the outfall line within the right of way of <br />U.S. Highway 70, N.C.D.O.T. requires a three - -party right of way <br />encroachment agreement (hereinafter the Encroachment Agreement), <br />N.C.D.O.T. being the first party, Cardens being the second party <br />and County being the third party; and <br />WHEREAS, the public health, safety and welfare will be <br />substantially advanced if the wastewater treatment facilities, <br />including the location of the Stoney Creek outfall, are <br />constructed, maintained and operated as set out in the Encroachment <br />Agreement, a copy of which is attached, labeled Exhibit B and <br />incorporated herein by reference, and the Special Order. <br />NOW, THEREFORE, IT IS AGREED that County will become the <br />"Party of the third part" in an encroachment agreement <br />substantially in the form of Exhibit B upon the following <br />conditions: <br />1. All requirements, conditions and covenants contained in <br />Exhibit A to be performed by the permittee of Exhibit A shall be <br />performed by Williams, and, to the extent permitted by law, by his <br />successors and assigns. <br />2. All requirements, conditions and covenants contained in <br />Exhibit B to be performed by Cardens shall be performed by <br />Williams, his successors and assigns. <br />3. In the event the outfall line along U.S. Highway 70 must <br />be moved or removed for any reason, Williams, his successors and <br />assigns, shall move or remove or cause the move or removal <br />2 <br />