199
<br />
<br /> UPON MOTION of Commissioner Fennel, seconded by Commissioner Niblock and
<br />unanimously carried, the Board voted to support the proposed Favoni Child
<br />Development Center project and authorized the Chairman to sign the Innovative
<br />Economic Development Demonstration pf6~ram application to be submitted to the
<br />North Carolina Department of Commerce, Division of Community Assistance.
<br />
<br />Road Closin~ Request - Forest Drive (Unopened>- Public Hearin~ - 7:00 P.M.
<br />
<br /> Mr. Hartsell reviewed the request to close Forest Drive which has never
<br />been opened.
<br />
<br /> At 7:48 P.M. Chairman Barnhart opened the public hearing on the request to
<br />close Forest Drive (Unopened) and asked if anyone were present who wished to
<br />address the Board.
<br />
<br /> Ms. Rita Baumann, Petitioner, spoke in support of the road closing request.
<br />
<br /> There being no one else present to address the Board, Chairman Barnhart
<br />closed the public hearing.
<br />
<br /> UPON MOTION of Chairman Barnhart, seconded by Commissioner Mills and
<br />unanimously carried, the Board adopted the following Order.
<br />
<br />NORTH CAROLINA
<br />CABARRUS
<br />
<br />ORDER CLOSING AN EASEMENT
<br />DEDICATED FOR A PUBLIC ROAD
<br />
<br /> WHEREAS, at the September 16, 1996, meeting of the Board of
<br />Commissioners for Cabarrus County (the "Board"), the Board
<br />acknowledged receipt of a Petition to adopt a Resolution and Order
<br />closing Forest Drive, Township 2, Cabarrus County, North Carolina as
<br />described and identified in a map recorded in Plat Book 10, Page 5,
<br />of the Cabarrus County Registry, as is more particularly described
<br />in Plat Book 10, page 5, in the Office of the Register of Deeds for
<br />Cabarrus County, and incorporated herein by reference (the "Road");
<br />and
<br /> WHEREAS, the Board has caused to be published in THE CONCORD
<br />TRIBUNE on Monday, October 21 and 28, and November 4 and 11, 1996,
<br />a Resolution declaring its intent to close the Road; and
<br /> WHEREAS, a meeting and public hearing (the "Hearing") on the
<br />closing of the Road was held before the Board at 7:00 p.m. on the
<br />18th day of November, 1996, in the Commissioners' Room of the
<br />Cabarrus County Governmental Center, Concord, North Carolina; and
<br /> WHEREAS, at the hearing, the Board heard all interested
<br />persons who appeared with respect to whether closing the Road would
<br />be detrimental either to the public interest or to any individual
<br />property rights. At the hearing, the following individuals spoke:
<br />Mrs. Rita S. Baumann, Petitioner; and
<br /> WHEREAS, the Board is satisfied that closing the Road is not
<br />contrary to the public interest and that no individual owning
<br />property in the vicinity of the Road or in the subdivision in which
<br />it is located would be deprived of reasonable means of ingress and
<br />egress to his or her property;
<br /> NOW, THEREFORE, IT IS ORDERED that:
<br /> ' 1. The Road, in No. 2 Township, Cabarrus County, North
<br />Carolina, to wit, Forest Drive, as described in Map Book 10, Page 5,
<br />of the Cabarrus County Registry, ~e and the same is hereby closed.
<br /> 2. A certified copy of this Order be filed in the Office of
<br />the Register of Deeds for Cabarrus County.
<br /> 3. Upon closing the Road, all right, title and interest in
<br />the Road is vested in those persons owning lots or parcels of land
<br />adjacent thereto, and the title of each adjoining landowner, for the
<br />width of his abutting land, extends to the centerline of the Road,
<br />subject only to any public utility use or facility located on, over
<br />or under the Road immediately before its closing until the landowner
<br />or any successor thereto pays to the utility involved the reasonable
<br />cost of removing and relocating the facility.
<br /> This the 18th day of November, 1996.
<br />
<br />CABARRUS COUNTY BOARD
<br />OF COMMISSIONERS
<br />
<br />
<br />
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