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495
<br />
<br /> UPON MOTION of Commissioner Payne, seconded by Commissioner Fennel and
<br />unanimously carried, the Board approved the following Consent Judgment resolving
<br />the litigation with Mrs. Lois Smith.
<br />
<br /> IN THE GENERAL COURT OF JUSTICE
<br /> SUPERIOR COURT DIVISION
<br />
<br /> NORTH CAROLINA FILE NO.: 91 CVS 73
<br /> CABARRUS COUNTY FILM NO.
<br />
<br />Cabarrus County )
<br /> Plaintiff, )
<br />
<br />Lois W. Smith, )
<br /> Defendant. )
<br />
<br />CONSENT JUDGMENT
<br />
<br /> THIS CAUSE, coming on to be heard and being heard before the
<br />Honorable James C. Davis, Resident Judge of the Superior Court of
<br />the 19A Judicial District in and for Cabarrus County, North
<br />Carolina, upon Motion by the parties for Final Judgment;
<br /> AND THE COURT, having considered the pleadings and by and with
<br />the consent of the parties affixed hereto, does hereby make and
<br />enter the following
<br /> FINDINGS OF FACT:
<br /> 1. This action was duly instituted on the llth day of January,
<br />1991, by the issuance of Summons and the filing of a Complaint,
<br />Declaration of Taking, and Notice of Deposit, along with the deposit
<br />into the Court of the sum of One Hundred Seventy-Four Thousand Two
<br />Hundred Fifty Dollars ($174,250.00) (the first "Deposit"), for the
<br />taking of a 23.60 acre tract of real property owned by the defendant
<br />(the "First Tract"), which included a 1.20 acre tract (the
<br />"Residence Tract") upon which defendant's primary residence (the
<br />"Residence") was located.
<br /> 2. Pursuant to N.G.G.S. 40A-3(b), 40A-42(a), and 153A-274(1),
<br />title to the First Tract vested in the plaintiff on January 11,
<br />1991.
<br /> 3. In August, 1991, plaintiff deposited the additional sum of
<br />Thirteen Thousand Five Hundred Dollars ($13,500.00) (the "Second
<br />Deposit") with the Clerk of this Court for fencing associated with
<br />the First Tract.
<br /> 4. Having determined that only 20.62 acres of the First Tract
<br />were necessary for the public use, by deed dated December 18, 1992,
<br />recorded January 21, 1993, in Deed Book 983, Page 249, of the
<br />Cabarrus County Registry, plaintiff retransferred 2.98 acres of the
<br />First Tract to the Defendant, retaining 20.62 acres (the "First
<br />Remainder Tract," more particularly described as Tract 1 on Exhibit
<br />A attached hereto and incorporated herein by reference). The First
<br />Remainder Tract includes the Residence and the Residence Tract.
<br /> 5. The Defendant has now removed the Residence from the
<br />Residence Tract.
<br /> 6. On or about December 18, 1992, upon filing of an Amended,
<br />Supplemental and Restated Complaint, Declaration of Taking and
<br />Notice of Deposit, along with the deposit of the additional sum of
<br />Ninety-Two Thousand Dollars ($92,000.00), the plaintiff acquired by
<br />condemnation from the Defendant an additional 34.72 acre tract of
<br />land owned by the defendant (the "Second Tract").
<br /> 7. Pursuant to N.C.G.S. 40A-3(b), 40A-42(a) and 153A-274(1),
<br />title to the Second Tract vested in the plaintiff on December 18,
<br />1992.
<br /> 8. All persons having or claiming to have an interest in the
<br />First and Second Tracts are parties hereto and are duly before the
<br />Court, and this Court has jurisdiction of the parties and the
<br />subject matter.
<br /> 9. Having determined that it does not need the Residence and
<br />that 1.16 acres of the Second Tract is not necessary for the public
<br />use, effective with the execution of this Consent 3udgment,
<br />plaintiff has agreed to execute a Bill of Sale to the defendant for
<br />
<br />
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