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267 <br /> <br />IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate <br />originals, following due and proper approval by their respective governing <br />bodies in official session. <br /> <br />ATTEST: <br />/s/ Vickie C, Weant <br />City Clerk <br />(Seal) <br /> <br />ATTEST: <br />/s/ Frankie F. Small <br /> <br />County Clerk <br />(Seal) <br /> <br /> CITY OF CONCORD <br />By: /s/ Bernie A, Edwards <br /> Mayor <br /> <br />CABARRUS COUNTY <br />By: /s/ James W, Lentz <br /> Chairman <br /> <br /> UPON MOTION of Commissioner Hamby, seconded by Chairman Lentz and <br />unanimously carried, the Board adopted the following Resolution Authorizing <br />Condemnation to Acquire Property at the Cabarrus County Landfill. <br /> <br />RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE PROPERTY <br /> <br /> WHEREAS, the Board of Commissioners of Cabarrus County, North <br />Carolina, hereby determines that it is necessary and in the public <br />interest to acquire certain property owned by Billy Ray Barrett and <br />Glenda W. Barrett in order to provide additional land necessary for <br />the Cabarrus County Landfill and that the sum of Fifty-One Thousand <br />Dollars ($51,000.00) is just compensation therefor; <br /> WHEREAS, the proper officials or representatives of Cabarrus <br />County have been unable to acquire the needed interest in this <br />property by negotiated conveyance. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF <br />CABARRus COUNTY, NORTH CAROLINA, THAT: <br /> 1. Cabarrus County shall acquire by condemnation, for the <br />purposes stated above, a fee simple interest in the real property <br />described in Exhibit A attached hereto and incorporated herein by <br />reference. <br /> 2. The attorneys representing Cabarrus County are directed to <br />institute the necessary proceedings under Chapter 40A of the North <br />Carolina General Statutes to acquire the property herein described and <br />to deposit the sum of Fifty-One Thousand Dollars (51,000.00) with the <br />Clerk of Superior Court for Cabarrus County upon filing such <br />proceedings as just compensation for such real property. <br />Adopted: This 4th day of December, 1989. <br /> <br />ATTEST: <br />/s/ Frankie F. Small <br /> Clerk <br /> <br />/s/ James W, Lentz <br />Chairman <br />Board of Commissioners <br /> <br />EXHIBIT A <br /> <br />1. LEGAL DESCRIPTION OF ENTIRE TRACT OR TRACTS AFFECTED BY TAKING: <br /> <br />Lying and being in Number Five Township, Cabarrus County, North <br />Carolina, on the west side of Irish Potato Road adjoining <br />Cabarrus County and others, and more particularly described as <br />follows: <br /> BEGINNING at an iron pipe in the center of Irish Potato <br />Road, (said iron pipe being 883.26 feet, more or less, south of <br />the intersection of Barrier Road and Irish Potato Road); thence <br />S. 74-27-30 W. 1,263.09 feet to a new iron pipe; thence S. 40- <br />10-55 W. 547.15 feet to an existing iron pipe; thence N. 03-29- <br />05 W. 871.99 feet to a new iron pipe; thence N. 17-43-05 E. <br />704.30 feet to a new iron pipe; thence N. 73-15 E. 153.65 feet <br /> <br /> <br />