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NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br />DECLARATION OF WITHDRAWAL <br />OF A PORTION OF JUSTICE AVENUE <br /> <br />NOW COME Cabarrus County (the "Declarant"); under the provisions of N.CiG.S. <br />136-96, and hereby declare that the portion of Justice Avenue described in Paragraph 2 <br />(hereinafter the "Unopened Street Segment") be and the same is hereby withdrawn from <br />the dedication as a public way, and in support thereof say that: <br /> <br />1. Cabarrus County is current owner of the real property this Unopened Street <br /> Segment crosses. <br /> <br />2. The Unopened Street Segment is more particularly described as follows: <br /> <br />Lying and being in number 4 township of Cabarrus County, now or formerly a portion of <br />the City of Kannapolis, and being a portion of a map recorded with the Cabarms County <br />Register of Deeds as follows: Westover, Map Book 6, Page 56. <br /> <br />Beginning at a point being the northeast comer of lot 40 Westover, as recorded in Map <br />Book 6, Page 56 with the Cabarms County Register of Deeds. From the point of <br />beginning, in the direction N12°40'32"E for a distance of 290.12' to a point in the public <br />right-of-way of Pine Street (SR 1657); thence S78'17'00"E with the right-of-way of Pine <br />Street for a distance of 40.01 ', continuing S12'40'32"for a distance of 290.67 feet to a <br />point being the northwest comer 39 Westover, thence in a line N7T30'00" for a distance <br />of 40 feet to the point of beginning. <br /> <br />The unopened Street segment has not been actually opened or used by the <br />public within fifteen (15) years from and after the dedication thereof, and <br />pursuant to N.C.G.S. 136-96, is thereby conclusively prepared to have been <br />abandoned by the public for the purposes for which the same shall have been <br />dedicated, to wit, as a public right-of-way for ingress, egress, regress and <br />otherwise. <br /> <br />This the <br /> <br />day of September, 2003. <br /> <br />DECLARANTS <br /> <br /> <br />