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WHgREAS, to date, representatives of Cabarrus County have been unable <br />to acquire the needed interest in the described property by negotiated <br />conveyance. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF <br />CABARRUS COUNTY, THAT: <br /> 1. Cabarrus County shall acquire by condemnation, for the purposes <br /> stated above, the property and interest described as follows (the <br /> "Property"): <br /> A fee simple interest in an 18.1 x 66.2 Lot - Lenmore <br /> Drive, Concord, NC, Tax Parcel # 5630-38-0079. <br /> 2. Attorneys representing Cabarrus County are directed to institute <br /> the necessar~ proceedings under Chapter 40A of the North Carolina <br /> General Statutes to acquire the Property herein described. <br />Adopted the 19th day of October 1998. <br /> <br />A~EST: <br />Is/ Frankie F- Bonds <br />Frankie F. Bonds, Clerk <br /> <br />CABARRUS COUNTY BOARD OF COMMISSIONERS <br />Ey: ~el SHe B. Casper <br /> Sue B. Casper, Chair <br /> <br />INFO~L PUBLIC COMMENTS <br /> <br /> Chairman Casper opened the meeting for Informal Public Comments at 7:55 <br />P.M. <br /> <br /> Ms. Marilyn Barnhart of Wabash Avenue, Concord, objected to the <br />proposed Westside Bypass, stating it would endanger the safety of children <br />living in her subdivision. She also complained that the Westside Bypass was <br />the reason the Department of Transportation had not widened Highway 73 or <br />Interstate 85 in Cabarrus County. <br /> <br /> Mr. Clifton thanked staff for hosting the Open House at the Human <br />Services Center prior to the Commission meeting. <br /> <br /> There was no one else to address the Board, and Chairman Casper closed <br />that portion of the meeting. <br /> <br />CLOSED SESSION <br /> <br />To Consider and Estab1%~h a Ne~otiatina Position in the Ac~uisition of Real <br />proDer~v Adjacent to Coddle Creek Reservoir as AuthQrized by N~rth Carolina <br />Qeneral Statute 143-318.11(a) (5)and to deal with Threatened Liti=ation <br />~oncernin= Highland Creek <br /> <br /> UPON MOTION of Commissioner Barnhart, seconded by Commissioner Niblock <br />with Commissioners Barnhart, Niblock and Carpenter and Chairman Casper voting <br />for and Commissioner Mills voting against, the Board moved to go into closed <br />session to consider and establish a negotiating position in the acquisition <br />of real property adjacent to Coddle Creek Reservoir as authorized by North <br />Carolina General Statute 143-318.11(a) (5) and to discuss threatened <br />litigation regarding Highland Creek as authorized by North Carolina General <br />Statute 143-318.11(a) (3). <br /> <br /> UPON MOTION of Chairman Casper, seconded by Commissioner Niblock and <br />unanimously carried, the Board moved to come OUt of the closed session. <br /> <br />OLD BUSINESS <br /> <br />~i=hland Creek Subdivision - APPeal of Petition C98-06(S) <br /> <br /> Mr. Clifton introduced discussion of a proposal to deal with the appeal <br />of the Planning and Zoning Commission's denial of the Highland Creek <br />subdivision and to respond to the County's adequate public facilities <br />ordinance. <br /> <br /> Commissioner Niblock made a motion, seconded by Commissioner Barnhart, <br />to accept the following proposal (Escrow Agreement) and to approve the appeal <br />for the Highland Creek subdivision as set forth in the agreement. <br /> <br />STATE OF NORTH CAROLINA <br />COUNTy OF CABARRUS <br /> <br />ESCROW AGREEMENT <br /> <br /> <br />