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ROBERT M CRITZ <br />SUZANNE HORNADAY BIRMINGHAM <br />MARY EtJZABETH STEWART <br /> <br />LAW OFFICES OF ROBERT M. <br /> <br />December 1, 2003 <br /> <br />CRITZo P.A. <br /> <br /> 33 CHURCH STREET. SE <br /> PO BOX 745 <br /> <br />CONCORD, NC 28026~74B <br />704-788-2906 <br /> <br />TELECOPIER 704-788-2B65 <br /> <br />VIA HAND DELIVERY <br /> <br />Mr. Jonathan Marshall, AICP <br />Director, Commerce Department <br />Cabarrus County <br />65 Church Street, SE <br />P.O. Box 707 <br />Concord, North Carolina 28026-0707 <br /> <br />Re: <br /> <br />Furr Heirs <br />Petition C04-01 (Street Renaming) and Public Hearing - December 15, 2003 <br />Our File No. 21435-C <br /> <br />Dear Mr. Marshall: <br /> <br /> Please be advised that this firm represents Guilford E. Furr as Trustee of the Earl Martin Furr <br />Trust U/a/d July 19, 2000; Ola Furr Abernethy (Single); Dr. Carl A. Furr, Jr. (Married); John Milner <br />Bergesen, Jr. (Single); and Ruth Current Bergesen (Single) (hereinafter sometimes referred to <br />collectively as "Furr Heirs','), with regards to that certain parcel of land located in the City of Locust, No. <br />1 Township, Cabarrus County, North Carolina, totaling 407.54 acres, more or less, and being reflected as <br />Tax Identification No. 5566-85-7468 (the "Furr Farm"), such representation including, without <br />limitation, to the above-referenced Agreement. <br /> <br /> It is our understanding that th, e Cabarrus County Sheriff's Department and several owners of <br />property adjoining the Furr Farm are requesting that the Cabarrus County Commissioners formally name <br />a purported "farm road" located off N.C. Highway 200, a portion of which crosses the Furr Farm. A <br />public hearing is scheduled for December 15, 2003, to consider this request. <br /> <br /> Said request has apparently arisen because some local residents are using the "farm road" for <br />access to their respective dwellings. The Furr Heirs object to the naming of said "farm road". We would <br />respectfully ask that the Cabarrus County Commissioners consider the following: <br /> <br />Permission to enter onto the Furr Farm for use of the "farm road" has not been granted, <br />either implicitly or explicitly, and said use is not condoned by the Furr Heirs. The Furr <br />Heirs object to the use of their property by others, including the use thereof to gain <br />access to N.C. Highway 200. To the best of our knowledge, there is no recorded <br />easement(s) and/or right(s)-of-way over the Furr Farm which would provide an adjacent <br />property owner(s) a recorded or legal means access to N.C. Highway 200. Furthermore, <br />the Furr Heirs do not recognize any implied or prescriptive rights of any adjacent owner, <br />presently or formally, to use any portion of the "farm road" located on the Furr Farm for <br />ingress and egress purposes in and to N.C. Highway 200 or for any other purpose. <br /> <br />The "farm road" located on the Furr Farm is plainly a farm road and did not originate to <br />provide access to N.C. Highway 200 for either the Furr Heirs or others. The "farm road" <br /> <br /> <br />