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496
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<br />the Residence and to retransfer to the defendant the following
<br />described area of the Second Tract (the "1.16 acre Tract"):
<br />
<br />LYING and being in No. 3 Township, Cabarrus County,
<br />North Carolina, on the south side of N.C. Highway 73 and
<br />the east side of, but not adjoining, Coddle Creek, and
<br />more particularly described as follows:
<br />
<br />BEGINNING at a spike set in the centerline of N.C.
<br />Highway 73 (said spike being N. 81-16-38 E., 171.76 feet
<br />from a chisel "X" in a bridge); thence with the center
<br />of N.C. Highway 73, N. 81-23-11 E., 63.97 feet to a
<br />spike in the centerline; thence S. 28-54-19 E., 850.68
<br />feet (passing a set iron pipe on line at 31.98 feet, the
<br />southern edge of the right-of-way of N.C. Highway 73) to
<br />a set iron pipe; thence N. 87-36-33 W., 70.22 feet
<br />(computed) to an existing iron pipe, a No. 5 rebar;
<br />thence N. 28-54-19 W., 836.39 feet (passing a set iron
<br />pipe on line at 804.41 feet, the southern edge of the
<br />right-of-way of N.C. Highway 73), to the BEGINNING,
<br />containing 1.16 acres, more or less, and identified as
<br />Tract 5 on a survey by Concord Engineering & Surveying,
<br />Inc. (James E. Craddock, Registered Land Surveyor),
<br />dated May 23, 1993, or as computed thereafter.
<br />
<br /> 10. Upon retransfer of the 1.16 acre Tract, plaintiff shall
<br />have retained 33.63 acres of the Second Tract (the "Second Remainder
<br />Tract"), more particularly described as Tract 2 on Exhibit A
<br />attached hereto and incorporated herein by reference.
<br /> 11. In full and final satisfaction of her claim herein, the
<br />defendant has agreed to accept a Bill of Sale for the Residence, the
<br />retransfer of the 1.16 acre Tract and the sum of Four Hundred Four
<br />Thousand Five Hundred Forty Dollars and Sixty-Two Cents
<br />($404,540.62) (the "Award") for the First Remainder Tract (including
<br />the Residence formerly located thereon), the Second Remainder Tract,
<br />all fencing or improvements on or about either tract, the relocation
<br />expense of the Residence, damages to the remainder of the
<br />defendant's real property, interest upon the taking, "rollback"
<br />taxes previously assessed and paid, and appraisal and attorney fees,
<br />which sum includes the First, Second and Third Deposits, and the
<br />plaintiff has agreed to pay the balance of the Award.
<br /> 12. The Award represents fair, full and just compensation for
<br />the taking of the defendant's property, described in Exhibit A
<br />attached hereto and incorporated herein by reference.
<br /> Based upon the foregoing Findings of Fact, the COURT CONCLUDES
<br />AS A MATTER OF LAW that:
<br /> 1. Plaintiff was entitled to acquire and did acquire on the
<br />llth day of January, 1991, and the lSth day of December, 1992, the
<br />respective property of the defendant as described herein.
<br /> 2. By and with the consent of the parties affixed hereto,
<br />plaintiff is entitled to Final Judgment in this matter, as set forth
<br />in Paragraphs 9, 10 and 11 hereinbefore.
<br /> 3. Immediately upon the entry of this Consent Judgment, the
<br />plaintiff, Cabarrus County, shall deliver to the defendant, Lois W.
<br />Smith, directly:
<br /> (a) A Bill of Sale for the Residence;
<br /> (b) A Special Warranty Deed for the 1.16 acre Tract; and
<br /> (c) The balance of the Award, i.e. the sum of One
<br /> Hundred Twenty-Four Thousand Seven Hundred Sixty-Five
<br /> Dollars and Sixty-Two Cents ($124,765.62).
<br /> 4. These proceedings, as appear from the pleadings, are
<br />regular in all respects, and no reason exists for not granting the
<br />plaintiff's Motion that Final Judgment be entered.
<br /> 5. Except as expressly set forth herein, the defendant is
<br />entitled to no further relief from the plaintiff as the result of
<br />the taking of the First Tract or the Second Tract.
<br /> NOW, THEREFORE, IT IS ORDERED, ADJUDGED and DECREED that:
<br /> 1. As of the llth day of January, 1991, by the filing of a
<br />Complaint, Declaration of Taking and Notice of Deposit, the
<br />plaintiff, Gabarrus County, has condemned and shall be permanently
<br />
<br />
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