BC 1994 08 15 - Laserfiche WebLink

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194 Final Judgment by Consent - Allen Property for the Coddle Creek Reservoir Project The Final Judgement by Consent, dated July 20, 1994, involving Cabarrus County, Plaintiff, vs. Meredith M. Allen, Jeanne Allen Ezzell and Larry S. Ezzell was included in the REPORTS section of the agenda. Action instituted on August 12, 1992 to condemn property for the Coddle Creek Reservoir had been resolved as follows: The parties have agreed to resolve all matters and things in controversy in the following manner: (a) The plaintiff shall pay and deliver directly to the defendants, jointly and severally, the total lump sum of One Hundred Eighty Thousand Dollars ($180,000.00) (the "Agreed Award"), which sum shall include, but not be limited to, compensation for the following: (i) Any and all interest heretofore accrued; (ii) Any and all damages which may be assessed arising from the taking herein, including, but not limited to, damages for loss of use, loss of timber, loss of water, loss of fencing or other improvements; and (iii) Any and all costs, prejudgment interest and any fees, including attorney's fees, incurred by the defendants in this action; (b) The plaintiff shall transfer and reconvey to defendants by quitclaim, non-warranty instrument that portion of the Condemned Property, more particularly described in Exhibit B attached hereto and incorporated herein by reference (the "Remnant"), together with an easement and right-of-way thereto, more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Right-of-Way/Easement"). The Final Judgment by Consent, along with Exhibits A and B, are on file in the Office of the County Manager. Recess of Meeting There being no further business to come before the Board, Vice-Chairman Carpenter recessed the meeting at 8:45 P.M. until 6:30 P.M. on Tuesday, August 16, 1994. Clerk to the Board