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235
<br />
<br /> Mr. Jim Scarbrough, attorney representing Mr. Max Cruse who owns adjacent
<br />property to the right-of-way, opposed the closing of the roads. He stated the
<br />closing of the roads would deny reasonable access to lots, have an adverse impact
<br />on lots in the subdivision, landlock Lot 99 and be contrary to public interest
<br />as discussed in NCGS l§3A-241. Mr. Scarbrough further advised that an Attorney
<br />General's opinion of 1980 basically states that the County does not have
<br />authority to close a private subdivision road.
<br />
<br /> There was no one else who wished to address the Board, and Chair Casper
<br />closed the public hearing at 8:20 P.m.
<br />
<br /> UPON MOTION of Co~mtssioner Mills, seconded by Commissioner Carpenter with
<br />Commissioners Mills, Carpenter and Chair Casper voting for and Commissioner
<br />Nihlock voting against, the Board denied the Petition by Mr. John Balk to close
<br />a portion of Woodsdale Drive and to close Country Side Drive between Woodsdale
<br />Drive and Twinkle Drive.
<br />
<br />Request to Close a Section of Kin~ Arthur Court - Public Hearin~ -7:00 PM.
<br />
<br /> Mr. Hartsell presented a map showing the location of King Arthur Court.
<br />Ne stated that Mr. and Mrs. E. L. Poole own the property on both sides of the
<br />road section proposed for closing.
<br />
<br /> ~hair Casper opened the public hearing at 8:28 P.M and asked if anyone were
<br />present who wished to address the Board regarding closing a section of King
<br />Arthur Court.
<br />
<br /> Mr. Elmer L. Poole, Petitioner of 4100 King Arthur Court, asked that the
<br />Board approve the closing of a section of the road that has never been opened.
<br />
<br /> There was no one else present who wished to address the Board, and Chair
<br />Gasper closed the public hearing.
<br />
<br /> UPON MOTION of Commissioner Mills, seconded by Commissioner Niblock and
<br />unanimously carried, the Board adopted the following Order.
<br />
<br />NORTH CAROLINA
<br />CABARRUS
<br />
<br />ORDER CLOSING AN EASEMENT
<br />DEDICATED FOR A PUBLIC ROAD
<br />
<br /> WHEREAS, at the December 16, 1996, meeting of the Board of
<br />Commissioners for Cabarrus County (the 'Board'), the Board
<br />acknowledged receipt of a Petition to adopt a Resolution and Order
<br />closing approximately three hundred (300) feet of King Arthur Court,
<br />north of its termination at a cul-de-sac, in Township 4, Cabarrus
<br />County, North Carolina, as described and identified in a map recorded
<br />in Plat Book 15, Page 36, in the Office of the Register of Deeds for
<br />Cabarrus County, and incorporated herein by reference (the "Road");
<br />and
<br /> WHEREAS, the 5oard has caused to be published in .T~..e
<br />Independent Tribune on Monday, December 23 and 30, 1996 and Jpnuary
<br />6 and 13, 1997, a Resolution declaring its intent to close the Road;
<br />and
<br /> WHEREAS, a meeting and public hearing (the 'Hearing") on the
<br />closing of the Road was held before the Board at 7:00 p.m. on the
<br />21st day of January, 1997, in the Co~issioners' Room of the Cabarrus
<br />County Governmental Center, Concord, North Carolina; and
<br /> WHEREAS, at the hearing, the Board heard all interested persons
<br />who appeared with respect to whether closing the Road would be
<br />detrimental either to the public interest or to any individual
<br />property rights. At the hearing, the following individuals spoke:
<br />Mr. Elmer L. Poole, Petitioner; and
<br /> ~41{EREAS, the Board is satisfied that closing the Road is not
<br />contrary to the public interest and that no individual owning
<br />property in the vicinity of the Road or in the subdivision in which
<br />it is located would be deprived of reasonable means of ingress and
<br />egress to his or her property;
<br /> NOW, THEREFORE, IT IS ORDERED that:
<br /> 1. The Road, in No, ~ Township, Cabarrus County, North
<br />Carolina, to wit, three hundred (300) feet of King Arthur Court,
<br />north of its termination at a cul-de-sac as described in Map Book 15,
<br />
<br />
<br />
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