BC 1979 10 08 - Laserfiche WebLink

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355 WHEREAS, such proposed spur track or lead track to be constructed by Southern Railway Company for Philip Morris Incorporated crosses U. S. Highway #49 in Cabarrus County, North Carolina at or about the point where State Road 1157 intersects with U. S. Highway #49; and WHEREAS, it has been proposed that the crossing of such spur track or lead track over U. S. Highway #49 be by means of an overhead pass or bridge in order to avoid any type of on grade railroad crossing on U. S. Highway #49; and WHEREAS, in order to construct the necessary bridge or overhead pass the slope from the abutments supporting such bridge or overhead pass will obstruct a portion of State Road 1157 at the point where it intersects, in a "Y" with U. S. Highway #49; and WHEREAS, adequate access is nevertheless available between U. S. Highway #49 and State Road 1157 immediately to the north of the area of State Road 1157 proposed to be closed so as to permit construction of such overhead pass; and WHEREAS, this Board of County Commissioners has concluded that the interests of this county and its citizens be best served by closing a small segment of State Road 1157 so as to permit the construction of a railroad overhead pass or bridge as hereinabove described; and WHEREAS, after a consideration of all relevant facts as presented at this meeting and the interests and welfare of the citizens of this county, it is the opinion of this Board of County Commissioners that the best interests of the people of this county will be served by an abandonment and closing of an approximately 260 foot section of State Road 1157 beginning at the point where said State Road 1157 intersections with U. S. Highway #49 at its southerlymost point and extending from said "Y" intersection in a northerly direction to the point or place where State Road 1157 connects with U. S. Highway #49; and WHEREAS, this Board of County Commissioners is of the opinion that it is in the best interests of the county and its citizens to request that the North Carolina Department of Transportation abandon and permanently close such part or portion of State Road 1157 hereinabove described and all as more fully shown on drawings presented to this meeting, reference to which is hereby made and which such drawings are hereby incorporated by reference; NOW, THEREFORE, BE IT RESOLVED, that this Board of County Commissioners does, in accordance with North Carolina General Statute §136-63, hereby request that the North Carolina Department of Transportation abandon and permanently close that portion of State Road 1157 between the southerly most point thereof where it intersects with U. S. Highway #49 in a "Y" intersection and proceeding from such point in a northerly direction approximately 260 feet to the point or place where State Road 1157 connects with U. S. Highway #49 all as more fully shown on drawings presented to this Board of County Commissioners and a copy of which accompanies this resolutions; such closing to be for the purpose of permitting Philip Morris Incorporated to construct an overhead pass or bridge in connection with the development of a spur track or lead track from the Southern Railway Company main line to the Philip Morris Incorporated plant site; and FURTHER RESOLVED, that this request for the abandonment and closing of a portion of State Road 1157 is made in accordance with the provisions of North Carolina General Statute §136-63 and is made by this Board of County Commissioners upon its own motion. County Attorney, John Boger, informed the Board of a suit filed against four county officials for salary compensation by a Kannapolis patrolman, Steve May. There being no further business, the meeting was adjourned. CLERK TO THE BOARD