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Webster Medlin requested the following resolution be adopted. Hill made
<br />motion, seconded by Petrea to adopt same. Vote carried.
<br />
<br /> WHEREAS, ~argaret Pi~ Dry is now receiving old age assistance benefits
<br />through the Cabarrus County Department of Public Welfare; and ~
<br /> WHEREAS, Cabarrua County xaused a lien to be filed against her under the
<br />proviaions of G. S. 103-30. 1 which said lien is recorded in Lien Book 5, page 66
<br />and
<br /> WHEREAS, the slid Margaret Pittman Dry has received through January, 1965,
<br />the total sum of Eighteen Hundred Dollar~($1,800.O0); and
<br /> WHEREAS, in 1964 Margaret Pittman Dry inherited from her husband, E. M. Dry,
<br />a one-third undivided interest in a certain tract of real estate which is fully
<br />described in Deed Book 77, page 103; and
<br /> WHEREAS, ~M~ other tenants in common desire to sell said property; and
<br /> WHEREAS, the said property has been appraised by disinterested appraisers
<br />at the value of Thirty-Five Hundred Dollars ($3,500.00); and
<br /> WHEREAS, in order to sell said property the said Margaret Pittman Dry is
<br />willing to pay to Cabarrus County the net amount which will inure to her upon
<br />a sale of the said property and settlement of the estate of E. ~. Dry in con-
<br />sideration for the release of said property from the said lien; and
<br /> WHEREAS, in the opinion of the Board of County Commissioners it is to the
<br />best interest of Cabarrus County that the said property be released from the
<br />said lien upon payment of such amount;
<br /> NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Board and the Clerk
<br />of the Board of County Commissioners ~are hereby authorized and directed to execut
<br />and deliver a proper release of the real estate described in Deed Book 77, page
<br />103 upon the payment of the net amount inuring to Margaret Pittman Dry from the
<br />said sale; provided, however, the release shall not operate to cancel or release
<br />said lien with respect to any other property which ~she now owns or may hereafter
<br />acquire but shall operate as a full and complete release and discharge of the
<br />lien described in Lien Book 5, page 66.
<br />
<br /> Attorney Harold Smith stated notice of hearing was posted in the paper for
<br />closing of Woodland Drive, Township #5. Dr. Arey and Rev. Harbison were questioned
<br />as to their reasons for wanting road closed. Attorney Smith presented the
<br />following Decree~for adoption. Hill made motion, seconded by Petrea to adopt
<br />
<br />same. Vote carried.
<br /> DECRE~
<br /> This matter came on for hearing and'was heard by the Board of County
<br />Commissioners pursuant to a resolution adopted by the Board on the 4th day of
<br />January, 1965, fixing February 1, 1965, at 10:00 o'clock a,m. as the date and
<br />time for hearing on the Petition heretofore filed by the petitioners, John V.
<br />Arey and wife Laurabel D. Arey; E. J. Harbison and wife Kate S. Harbison and
<br />Katherine H. Harbison. It appearing to the Board of Commissioners from the
<br />affidavit of Edith P. Bond of the Concord Tribune, Inc. that a copy of said
<br />resolution fixing the date, time and place for hearing on the Petition was
<br />published once a week for four successive weeks in the Concord Tribune to-wit:
<br />on the 7th, 14th,21st, and 28th days of January, 1965, the Board of Commissioners
<br />does find that said resolution fixing the date, time and place for hearing on
<br />said Petition was published once a week for four successive weeks preceding the
<br />date of this hearing in a newspaper published in Cabarrus County to-wit: the
<br />Concord Tribune.
<br /> From the evidence of the Petitioners, particularly the testimony of Dr.
<br />John V. Arey and Reverend E. J. Harbison and argument on their behalf, and the
<br />other testimony adduced, it appears to the Board of County Commissioners and the
<br />Board does find that:
<br />
<br /> i. That the street known as Woodland Drive located in No. 5 Township,
<br />Cabarrus County, North Carolina, anddesignated as Woodland Drive upon a map
<br />entitled "Evelyn Park" recorded in Map Book 9, page 73 in the office of the
<br />Register of Deeds for Cabarrus County, North Carolina is located wholly within
<br />Cabarrus County, North Carolina and no portion thereof is within the limits of
<br />any municipality.
<br /> 2. That the title to the real estate bordering both sides of said Woodland
<br /> Drive for the entire length of said street is presently solely in the petitioners
<br /> 3. That the greater portion of said Woodland Drive is wholly undeveloped
<br />and unused as a street and that the portion thereof used is used ex-
<br /> which
<br /> is
<br />clusively by these petitioners as the sole abutting property owners.
<br /> 4. That the closing of said Woodland Drive as shown on the hereinbefore
<br />mentioned map and as hereinafter more specifically designated is not contrary
<br />to the public interest and no individual, firm or corporation, owning property
<br />in the vicinity of said street or road or in the subdivision in which is located
<br />said street or road will be deprived of reasonable means of ingress and egress
<br />to his property.
<br /> 5. That the said Woodland Drive has not been accepted by the North Carolina
<br />State Highway Commission for maintenance and is not maintained by any govern-
<br />mental authority, corporation, firm or person, other than petitioners, to the
<br />extent of their limited exclusive use thereof.
<br /> (continued)
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