AG 1994 08 15 - Laserfiche WebLink

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4. The only issue which remains unresolved in this matter is the issue of just compensation for the property taken. 5. On the 12th day of August, 1992, by the filing of a complaint, declaration of taking and notice of deposit, the plaintiff, Cabarrus County, condemned and became permanently vested with a fee simple interest in and to the property described in the complaint and declaration of taking, a legal description of which is reiterated as follows: Lying and being in No. 3 Township, Cabarrus County, North Carolina, on both sides of Bradford Road (State Road 1604, formerly known as the Old Tulin Road), adjoining the property of W. H. Faggart, Rayford Cauble, B. D. Hilton, James West, Dianna West, and Ralph S. Bradford, and more particularly described as follows: BEGINNING at an iron stake on the South side of Bradford Road, a corner of W. H. Faggart and runs thence with three (3) lines of Faggart as follows: (1) N. 87-47 W. 192.63 feet to an iron stake; (2) S. 9-06 E. 1320 feet to an iron stake; (3) S. 0-41-30 E. 539 feet to an old stone and flat iron by a persimmon tree, corner of Rayford Cauble; thence with the line of Cauble N. 86-37-30 W. 251.25 feet to an old iron stake; thence with the line of Cauble and Hilton N. 54-28-30 W. (passing an old iron pipe in the line at 305 feet), a distance of 920.51 feet to an old iron pipe and stone, corner of James West; thence with the line of James West and Dianna West, N. 12-03-30 W. 1592.25 feet to an iron stake on the North side of Bradford Road in the line of Ralph S. Bradford; thence with the line of Ralph S. Bradford, N. 84-20-30 E. 1310.62 feet to an old stone and iron, line of Faggart; thence with the line of Faggart S. 0-41-30 E. 401.50 feet to the BEGINNING, containing 47.85 acres, more or less, as surveyed and platted by Charles E. Moon, September, 1985, and SUBJECT TO the right-of-way of Bradford Road. 6. The parties have agreed to resolve all matters and things in controversy in this action in the following manner: (a) The plaintiff shall pay and deliver directly to the defendants, jointly and severally, the total lump sum of One Hundred Eighty Thousand Dollars ($180,000.00) (the "Agreed Award"), which sum shall include, but not be limited to, compensation for the following: (i) Any and all interest heretofore accrued;