AG 2009 12 21 - Laserfiche WebLink

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III. Compliance with North Carolina General Statutes Chapter 136; Approval and Support of City of Concord and Cabarrus County CMS and NCDOT agree to take all steps necessary to ensure that NCDOT's abandonment of the Old ROW and NCDOT's conveyance thereof to CMS by North Carolina Special Warranty Deed and operation of law comply with North Carolina General Statutes Chapter 136. Authority of Department of Transportation. Pursuant to NCGS Section 136-54, the proposed action of NCDOT to realign Morehead Road is properly within its authority: "The Board of Transportation shall be authorized, when in its judgment the public good requires it, to change, alter, add to, or abandon and substitute new sections of, any portion of the State highway system." Notice to Adjacent Property Owners. CMS is the owner of the property located adjacent to the northerly and southerly margins of the Old ROW and the New ROW. CMS hereby agrees to NCDOT's abandonment of the Old ROW and hereby acknowledges its receipt of sufficient notice from NCDOT regarding said abandonment as set forth in NCGS Section 136.55.1(a). NCDOT agrees to provide CMS with reasonable advance written notice of the date, place and time of the scheduled NCDOT or North Carolina Board of Transportation meeting at which the action abandoning the Old ROW is to be taken. City of Concord The City of Concord (the "City") hereby acknowledges that it has been properly notified of the proposed arrangement, transactions and conveyances set forth in this Memorandum and unqualifiedly approves all actions, transactions and conveyances contemplated herein. The City also acknowledges NCGS Sections 136.55.1(b) and 136-63(b) that provide in pertinent part: "In keeping with its overall zoning scheme and long-range plans regarding the extraterritorial jurisdiction area, a municipality may keep open and assume responsibility for maintenance of a road within one mile of its corporate limits once it is abandoned from the State highway system." The City hereby agrees to not exercise its right to keep open and maintain the Old ROW once NCDOT abandons it pursuant to the terms herein; furthermore, the City supports and unqualifiedly approves NCDOT's proposed conveyance of the Old ROW to CMS for CMS to own in fee simple and thereafter maintain solely for CMS's purposes. In addition, the City acknowledges its right to notice and hearing under NCGS Section 136-63(a) regarding changes to roads connecting with any street of a city or town; while such notice may not be required in this matter, the City nonetheless hereby acknowledges receipt and sufficiency of such notice in connection with the transactions and conveyances contemplated in this Memorandum and unqualifiedly approves of NCDOT's proposed abandonment of the Old ROW and conveyance of same to CMS. Cabarrus County. Cabarrus County (the "County") hereby acknowledges that, pursuant to NCGS Section 136-62, citizens may petition the board of county commissioners "concerning additions to the system and improvement of roads. The board of county commissioners shall receive such petitions, forwarding them on to the Board of Transportation with their recommendations." The County and CMS hereby acknowledge that this Memorandum serves as CMS's petition to the County for its support and unqualified approval of the realignment of Morehead Road as set forth herein; and furthermore, this Memorandum serves as the County's recommendation to NCDOT to realign Morehead Road as shown more particularly on the drawing attached hereto as Exhibit and incorporated herein by this reference. The County makes this recommendation based upon its inquiry into the proposed realignment of Morehead Road and its determination that the public interest requires said realignment. In addition, the 2 Attachment number 1 F-2 Page 52