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151 <br /> <br />custom and practice within the industry or the Contract Documents for the <br />Project, including such modifications or clarifications issued by the architect <br />therefor, and to hold L. P. Cox Company harmless from such litigation or other <br />expense arising from such damage, if any. <br /> <br />Sincerely yours, <br />CABARRUS COUNTY BOARD OF COMMISSIONERS <br />/s/ James W. Lentz <br />James W. Lentz <br />Chairman <br /> <br /> UPON MOTION of Commissioner Hamby, seconded by Commissioner Simmons and <br />unanimously carried, the Board authorized the acceptance of the Option to <br />Purchase between Fred William Lippard, Jr., and wife, Johnnie Medlin Lippard, <br />and Edna Mae Lippard Stokes and husband, Hubert Eli Stokes, Seller, and Cabarrus <br />County, Buyer, for a three-fifths (3/5) undivided interest in and to <br />approximately 20.94 acres± identified as Township 12, Map 62, Parcel 20, for a <br />purchase price of $80,000.00 for the location of a Senior Center. The Board <br />further adopted the following Resolution Authorizing Condemnation to Acquire <br />Property of Robert C. Goodman and wife Johnnie A. Goodman and/or James B. <br />Goodman and wife Barbara Goodman. <br /> <br />NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br />A RESOLUTION AUTHORIZING CONDEMNATION <br />TO ACQUIRE PROPERTY OF ROBERT C. GOODMAN <br />AND WIFE JOHNNIE A. GOODMAN AND/OR <br />JAMES B. GOODMAN AND WIFE BARBARA GOODMAN <br /> <br /> WHEREAS, the Board of Commissioners of Cabarrus County (the "Board") has <br />determined that it is necessary and in the public interest to acquire certain <br />property owned by Robert C. Goodman and wife Johnnie A. Goodman and/or James B. <br />Goodman and wife Barbara Goodman for the following public purpose: <br /> <br />To establish a park and recreational facility focusing upon the <br />needs and activities of senior citizens of the County, with related <br />facilities for the Department of Aging, and offstreet parking and <br />utilities therefor. <br /> <br /> WHEREAS, the officials or representatives of the Board have been unable <br />to acquire the needed interest in this property by negotiated conveyance. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF CABARRUS <br />COUNTY, THAT: <br /> <br /> 1. The Board, for and on behalf of Cabarrus County, shall acquire by <br />condemnation, for the purposes stated above, the property and interest described <br />as follows (the "Property"): <br /> <br />A fee simple interest in a 1.16 acre tract of land on the north side <br />of N.C. Highway 73, east of Lenmore Drive in Concord, North <br />Carolina, more particularly described in Exhibit A attached hereto <br />and incorporated herein by reference. <br /> <br /> 2. Attorneys representing the Board are directed to institute the <br />necessary proceedings under Chapter 40A of the North Carolina General Statutes <br />to acquire the Property and, upon the filing thereof, to deposit with the Court <br />as just compensation for the Property the appraised value previously approved <br />by the Board. <br /> <br />Adopted: This 29th day of June, 1989. <br /> <br />ATTEST: <br />/s/ Frankie F, Small <br /> Clerk <br /> <br />CABARRUS COUNTY <br />BOARD OF COMMISSIONERS <br /> <br />By: /s/ James W. Lentz <br /> Chairman <br /> <br /> EXHIBIT A <br />LEGAL DESCRIPTION OF ENTIRE TRACT OF TRACTS AFFECTED BY TAKING: <br /> <br /> Lying and being in No. 12 Township, Cabarrus County, North Carolina, <br />on the North side of N.C. Highway 73 and being Lots 1, 2, 3, and 4 in the <br /> <br /> <br />