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September 15, ~003 Page 2~9 b-PON MOTION of Commissioner Carpenter, seconded by Commissioner Carruth and unanimously carried, the Board granted an easement to Public Service Company of North Carolina, Inc., dba PSNC Energy, Project No. 0029073, at Harris Road Middle School as described in Exhibit A of the "Utility Station and Pipeline Easement" included in the Agenda. Further, the Board authorized the Chairman to execute the easement on behalf of Cabarrus County. (E-19) Declaration of Withdrawal of a Portion of Justice Avenue There is an unopened right-of-way for a portion of Justice Avenue that affects the property at Shady Brook Elementary in Kannapolis. This right-of-way must be rescinded for the construction at Shady Brook Elementary School to be completed. UPON MOTION of Commissioner Carpenter, seconded by Commissioner Carruth and unanimously carried, the Board approved the following Declaration of Withdrawal and authorized the County Manager to sign the Declaration on behalf of Cabarrus County. NORTH CAROLINA CABARRUS COUNTY DECLARATION OF WITHDRAWAL OF A PORTION OF JUSTICE AVENUE NOW COMES Cabarrus County (the "Declarant"), under the provisions of N.C.G.S. 136-96, and hereby declares that the portion of Justice Avenue described in Paragraph 2 (hereinafter the "Unopened Street Segment") be and the'same is hereby withdrawn from the dedication as a public way, and in support thereof, says that: Cabarrus County is current owner of the real property this Unopened Street Segment crosses. 2. The Unopened Street Segment is more particularly described as follows: Lying and being in number 4 township of Cabarrus County, now or formerly a portion of the City of Kannapolis, and being a portion of a map recorded with the Cabarrus County Register of Deeds as follows: Westover, Map Book 6, Page 56. Beginning at a point being the northeast corner of lot 40 Westover, as recorded in Map Book 6, Page 56 with the Cabarrus County Register of Deeds. From the point of beginning, in the direction N12'40'32''E for a distance of 290.12' to a point in the public right-of-way of Pine Street (SR 1657); thence S78'17'00''E with the right-of-way of Pine Street for a distance of 40.01', continuing S12'40'32'' for a distance of 290.67 feet to a point being the northwest corner 39 Westover, thence in a line N77'30'00'' for a distance of 40 feet to the point of beginning. 3 o The unopened Street segment has not been actually opened or used by the public within fifteen (15) years from and after the dedication thereof, and pursuant to N.C.G.S. 136-96, is thereby conclusively presumed to have been abandoned by the public for the purposes for which the same shall have been dedicated, to wit, as a public right-of-way for ingress, egress, regress and otherwise. This the 15tn day of September, 2003. DECLAPJ~NT Cabarrus County Board of Commissioners B~ /s/ John D. Day John D. Day, County Manager ATTEST: /s/ Frankie F. Bonds Frankie F. Bonds, Clerk to the Board (E-20) Dedication of Road Ri~ht-of-Wa¥ on Oakwood Avenue at New Kannapolis Middle School The road improvements necessary for construction of the new Kannapolis Middle School include the requirement that Cabarrus County dedicate right-of-way on Oakwood Avenue. UPON MOTION of Commissioner Carpenter, seconded by Commissioner Carruth and unanimously carried, the Board approved the dedication of right-of-way on Oakwood Avenue required for the new Kannapolis Middle School to the North Carolina Department of Transportation as shown on the right-of-way dedication survey included in the Agenda and authorized the County Manager to sign the required documents on behalf of Cabarrus County.