AG 1994 08 15 - Laserfiche WebLink

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(ii) Any and all damages which may be assessed arising from the taking herein, including, but not limited to, damages for loss of use, loss of timber, loss of water, loss of fencing or other improvements; and (iii) Any and all costs, prejudgment interest and any fees, including attorney's fees, incurred by the defendants in this action; (b) The plaintiff shall transfer and reconvey to defendants by quitclaim, non-warranty instrument that portion of the Condemned Property, more particularly described in Exhibit B attached hereto and incorporated herein by reference (the "Remnant"), together with an easement and right-of-way thereto, more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Right-of- Way/Easement"). 7. Simultaneously with the execution of this judgment, the plaintiff, Cabarrus County, has (a) delivered the Agreed Award to the defendants, the receipt of which is acknowledged by the defendants by their consent hereto; and (b) executed a quitclaim deed to the defendants for the Remnant and the Right-of-Way /Easement and delivered the same to the Register of Deeds for Cabarrus County for recording. 8. Completion of the actions set forth in Paragraph 6 results in a full and final settlement of this action and represents fair, full and just compensation for the taking of the defendant's property. Based on the foregoing Findings of Fact, the COURT CONCLUDES AS A MATTER OF LAW that: 1. Plaintiff was entitled to acquire and did acquire on the 12th day of August, 1992, the Condemned Property. 2. By and with the consent of the parties affixed hereto, plaintiff is entitled to final judgment in this matter, as set forth in Paragraphs 5 and 6 hereinbefore. 3. These proceedings, as appear from the pleadings, are regular in all respects, and no reason exists for not granting the motion for entry of final judgment. 4. Except as expressly set forth herein, the defendants are entitled to no further relief whatsoever from the plaintiff as the result of the taking of the Condemned Property.