1985-03-11 RM Exhibits
NORTH CAROLINA STATE DEPARH1ENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Ca ro 1 i na
County of Np-w HAnovp-r
Road Description Smith r.ArolinA Avp- ,
Eastwoon Rn , F.Astwind Sl1hniv (Div
Sections 2 & 4 (Div. File #517-N)
WHEREAS, the attached petition has been filed with the Board. of County
Commi ss i oners of the County of New HAnOVp-y reques ti ng that the above de-
scribed road, the location of which has been indicated in red on the attached
map, be added to the Secondary Road System; and
Wilmineton RpA~h (Div. Filp #,19-N);
Fi 1 p #,01-N); Ann Rpnt 'l'rpp Sl1hdiv.;
WHEREAS, the Board of County Commissioners is of the opinion that the
above described road should be added to the Secondary Road System, if the
road meets minimum standards and criteria established by the Division of
Highways of the Department of Transportation for the addition of roads to
the System.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
the County of New Hanover that the Division of Highways is hereby requested
to review the above described road, and to take over the road for maintenance
if it meets established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of
New Hanove:rat a meeti ng on the 11th day of March
seal this the 11th
day of March , 19 85
rl?"t/;I~
~~Board of Commissioners
County of New Hanover
PLEASE NOTE:
Forward direct with request to the Division Engineer, Division of Highways
~'-
. Introduced by: G. Felix Ccx>per, Manager
Date 8;0/ /J.5'
I
RESOLUTION AUTHORIZING GRANT OF EASll1ENT
OVE.~ ONE-HALF UNDIVIDED INTERES'l' IN NORl'HEAST INTERCEP'IQR propERlY
WHEREAS, New Hanover County acquired a fee simple interest in the lands identi-
fied in the attached Exhibit "A" and depicted on the attached Exhibit "B" by virtue
of that deed recorded in BCXJk 1195 at Page 1228 of the New Hanover County Registry,
the same being a conveyance of 3.7 acres from Alex Trask, et al; and
WHEREAS, New Hanover County, by deed dated May 11, 1982 and recorded in BCXJk
1202 at Page 1682 of the New Hanover County Registry, conveyed a one-half undivided
interest in the lands referred to above to the City of Wilmington; and
WHEREAS, the City of Wilmington desires a grant of easerrent for utilities from
New Hanover County over its one-half undivided interest in the land identified in
the attached Exhibit "A" and depicted on the attached Exhibit liB"; and
WHEREAS, New Hanover County believes that it is in the best public interest and
\\lelfare to grant the property rights requested herein to the City of Wilmington.
NCM THEREFORE BE IT RESOLVED THAT:
1. The Board of Corn:nissioners of New Hanover County does hereby approve
a grant of easerrent for utility installation over its one-half undivided
interest in the land identified in the attached Exhibit "A" and depicted
on the attached Exhibit liB".
2. The Chairman of the Board of Commissioners of New Hanover County be and
is hereby authorized to execute a General Utility Easerrent to the City
of Wilmington conveying an easerrent referred to herein to the City of
Wilmington for the puq:x::>se stated herein.
J'M4~ () '~
Chairman, Board of Corn:nissioners
of New Hanover County
OJ
//'
Adopted ~~~
on ~ I
meeting
, 19%..5' .
ATl'EST:
(~y:;;< ~
Co Clerk
EXHIBIT "A"
Proposed Utility Easement From The Rear of Lots 145
and 201 in long leaf Hills, Section 4 and 5 To The
Existing Outfall Easen~nt
BEGINNING at the "'ear corner of Lot 145 and Lot 201 in long Leaf Hills
Subdivision. Sections 4 and 5, said corner being located in the center of
Wa tson I s Branch;
thence with the rear lot line of lot 145 and Watson's Branch, North
19 degrees 50 minutes East, 15.03 feet to a point;
thence leaving the lot line and Watson's Branch, South 67 degrees 03
minutes East, 78.79 feet to a point in the margin of the existing outfall
easement;
thence with the existing easement the next. two calls, South '.i5 deqrees
36 minutes West, 3.29 feet to a point and South 56 degrees 17 minutes West,
32.59 feet to a point;
thence leaving the easement line, North 67 degrees 03 minutes West,
46.06 feet to a point in the rear' lot 1 ille of Lot 201, said point al so being
also located in the center of Watson's Branch;
thence with the rear lot line of lot 20] and Watson's Branch, North
16 degrees 15 minutes West, 19.35 feet to the point of beginning.
Containing 0.05 acres, more or less.
Prepared by MOORMAN & KIZER, INC., Fayetteville, North Carolina
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,- Introduced by: G. Felix Ccx>per, Manager
Date
RESOLUTION ACCEPTING OFFER TO
PURCHASE SURPLUS REAL PROPERlY
WHEREAS, a certain offer to purchase a parcel of real property ~vned wholly or
jointly by New Hanover County and/or the City of Wilmington has been advertised for
upset bid in compliance with North Carolina General Statute l60A-269 and pursuant to
resolutions adopted by the City Council of the City of Wilmington on January 22, 1985
and the Board of Comnissioners of New Hanover County on February 4, 1985; and
WHEREAS, there have been no further qualifying upset bids entered for the property
described on the attached list within the statutory period allowed by North Carolina
General Statute l60A-269; and
WHEREAS, the offeror indicated on the attached list has agreed to pay the anount
indicated on the attached list for the parcel of real property shown thereon; and
WHEREAS, the property is declared by the County Comnissioners to be surplus and
not needed for public pUI}X)ses; and
WHEREAS, it is in the best public interest and welfare to dispose of this property
in accordance with the negotiated tenns and conditions.
Na'V THEREFORE BE IT RESOLVED:
1. That pursuant to NCGS l60A-269, the County Comnissioners do hereby
accept the offer to purchase as indicated on the attached list from
the offeror as indicated.
2. That the City of Wilmington and/or New Hanover County will retain any
deposit posted by the offeror as liquidated danages if the offeror
fails to pay the balance of an approved offer due in cash within ten
(10) days of receipt of a notice by certified nail of availability of
the deed of conveyance.
3.
irrran, Board
meeting
, 19 ti:
A'ITFST:
~'</ ~A/
Count Clerk
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:rS S ES S ED-V-ALlii~:J_ANi)-$h3; 520 -------.---.-H"Lr)(;s... .;-- (:~=--~=-~~: _._______.
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TOTAL:
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Pt. 1 & 2, nlk 54
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Instrmrent Prepared by: Thrnas C. Pollard
City Attorney
P.O. Box 1810
Wilmington, N.C. 28402
Telephone: 919-762-4519
S'l'ATE OF NORI'H CAROLINA
COUNI'Y OF NEW HANOVER
GENERAL UTILITY EASU1ENT
THIS DEED OF EASEMENT, executed this the day of
, 19 , by and between NEW HANOVER COUNTY, a
lx:x1y corporate and politic of the State of North Carolina, of 320
Chestnut Street, Wilmington, County of New Hanover, State of North
Carolina 28401 (hereinafter individually and collectively referred to as
"GRANI'OR"); and the City of Wilmington, North Carolina, a rrnmicipal
corporation organized and existing under the laws of the State of North
Carolina, whose post office address is P. O. Box 1810, Wilmington, North
Carolina 28402 (hereinafter referred to as"GRANTEE");
WIT N E SSE T H:
"
For and in consideration of the sum of One Dollar ($1.00) and other
valuable consideration paid by the GRANTEE to the GRANI'OR, receipt of
which is hereby acknowledged, the GRANI'OR has bargained, sold and
conveyed and by these presents does hereby grant, bargain, sell and
convey unto the GRANTEE, its successors and assigns, the right,
privilege and perpetual right-of-way and easement over, through, under
and upon a one-half undivided interest in the lands and premises
hereinafter described for the purpose of constructing, installing,
inspecting, maintaining, repairing, rerroving, extending, improving,
replacing, building and/or operating certain public facilities and
utilities, including but not limited to streets, sidewalks, curbs and
gutters, water, sanitary sewer, storm sewer, drainage and other public
facilities, pipes, valves, catch basins, ditches, and other appurten-
ances, said premises being a one-half undivided interest in a certain
parcel or tract of land located in Wilmington Township, New Hanover
County, North Carolina, and more particularly described as follows:
BEGINNING at the rear corner of Lot 145 and Lot 201
in Long leaf Hills Subdivision, Sections 4 and 5,
said corner being located in the center of Watson's
Branch; thence with the rear lot line of Lot 145 and,
Watson's Branch, North 19 degrees 50 minutes East,
15.03 feet to a point; thence leaving the lot line
and Watson's Branch, South 67 degrees 03 minutes
East, 78.79 feet to a point in the margin of the
existing outfall easement; thence with the existing
easement the ne..xt two calls, South 55 degrees 36
minutes vJest, 3.29 feet to a point and South 56
degrees 17 minutes West, 32.59 feet to a point;
thence leaving the easement line, North 67 degrees
03 minutes West, 46.06 feet to a point in the rear
lotline of lot 201, said point also being located in
the center of Watson's Branch; thence with the rear
lot line of Lot 201 and Watson's Branch, North 16
degrees 15 minutes West, 19.35 feet to the point of
beginning. Containing 0.05 acres, more or less.
The above-described is a portion of the property conveyed to GRANI'OR by
deed dated December 7, 1981, and recorded in BCXJk 1195, Page 1228, New
Hanover County Registry.
TO HAVE AND TO HOLD said right-of-way and easement to the GRANTEE,
its successors and assigns forever. This right-of-way and easerrent
hereby granted is appurtenant to and runs with the one-half undivided
interest in the land now owned by the GRANI'OR.
1
The facilities now in existence or to be placed over, under, upon
and across said right-of~ay and easement shall become and remain the
property of the GRANTEE. During this period, the GRANTEE shall have the
right to construct, install, inspect, maintain, repair, renove, extend,
improve, replace, build and/or operate these or new facilities and to
make such changes and additions to such facilities upon the easement and
right-of-way as the GRANTEE may deem advisable.
The GRANTEE shall at all tirres have the right to keep the area of
the perpetual right-of-way and easement clear of all buildings or
structures, trees, shrubs, bushes, stumps, rCXJts, undergrowth, or other
vegetation as will in its judgrrent interfere with the purposes of this
Easement. The GRANTOR expressly promises and agrees not to construct or
allow to be constructed any building, structure or other improvement,
and further promises not to plant or allow to be planted any trees,
shrubs, bushes, undergrowth, or other vegetation or to otherwise permit
encroachment or interference with the GRANTEE's rights hereunder. It is
expressly understood and agreed, however, that the GRAN'roR, its heirs,
successors and assigns shall retain the right to cultivate the ground
lying within the boundaries of the right-of-way and use said easement
for any other lawful purpose; provided, however, that such cultivation
or use shall not be inconsistent with the rights herein granted to the
GRAN'l'EE, and GRANTEE shall not be liable for any damages or loss due to
the exercise of its rights hereunder within its easernent and right-of-
way.
For the purpose of constructing, inspecting, improving, replacing,
removing, maintaining, extending, repairing or otherwise using the
above-described facilities, the GRANTEE shall have the right of ingress
to and egress fran the easernent and right-of-way over such private
roads, alleys, ways or paths (hereinafter collectively referred to as
"private roads") as may now or hereafter exist on the property of the
GRAN'IDR. Any damages proximate 1 y resulting to such private roads fran
the negligent use by the GRANTEE shall be repaired by the GRANTEE at its
expense. The right, however, is reserved to the GRAN'roR or its heirs,
successors and assigns to shift, relocate, close or abandon such private
roads at any tirre. If there are no public or private roads reasonably
convenient to the easement and right-of-way, the GRANTEE shall have such
right of ingress and egress over the GRAN'roR's one-half undivided
interest in the property adjacent to the easernent and right-of-way in
such manner as shall occasion the least practicable damages and
inconvenience to the GRAN'lDR. The GRANTEE shall be liable for any
consequential damages proximately caused by its sole negligence in the
exercise.of the right of ingress and egress over adjoining property.
By acceptance of this Deed of Easement, the GRANTEE agrees that it
will restore the surface of the land to its approximate level prior to
construction by fill or grading in the course of construction or
maintenance of the aforesaid facilities so long as the same are not
inconsistent with and do not interfere with the rights herein granted to
the GRANTEE. It is specifically agreed that any trees removed for
construction or maintenance work will not be replaced. The construction
or maintenance area may be seeded by the GRANTEE, but the GRANTEE shall
not be responsible for landscaping or otherwise improving the area. It
is understood and agreed that the execution and delivery of this deed by
the GRAN'IDR and its acceptance by the GRANTEE shall not obligate the
GRANTEE to construct or maintain any main, line, pipe, lateral or other
extension or permit any connection to its water, sanitary sewer, storm
sewer, drainage or other public utilities system.
Said GRAN'roR convenants and warrants that it is lawfully seized and
possessed of a one-half undivided interest in the property described
above; and that_ it has good right. and lawful authority to convey said
easement for the purposes herein expressed; that said property is free
and clear of any deed of trust, mortgage, lien, charge or other
encumbrance thereon affecting said easement, except taxes or assessments
not yet due; and that said GRANTOR for its heirs, successors, executors,
administrators, and assigns covenants that it will warrant and defend
said easement against any and all claims and demands whatsoever.
2
Use of the masculine gender herein includes the feminine and
neuter, and the singular number used herein shall equally include the
plural.
the
.F, the GRANTOR has hereunto set his hand and seal,
st above written.
GRANTOR:
NEW HANOVER cx)UNTY
By: lld AA-1- 01 7luJ!
Nolan 0' Neal, Chairman
of the New Hanover County
Board of Corrmissioners
(Corporate Seal)
STATE OF NORI'H CAROLINA
cx)UNTY OF NB'1 HANOVER
I, '1/hJJA~ ~""J / LA AU'1l/ , a Notary Public certify that
Lucie Ha~~n~ ~~is day and acknowledged that
she is Clerk to the Board of Corrmissioners of New Hanover County, and
that by authority duly given and as the act of the Ccmnission, the
foregoing instrurrent was signed in its name by its Chairman, Nolan
O'Neal, sealed with its corporate seal, and attested by herself as its
Clerk.
hand and official seal, this the ~ay of
19~. '
~~~
~~ Commission Expires:
My CQmmi~sion Expires Ost. 13, 1986
~~c~
Thomas C. Pollard, City Attorney
APPOO~ AS/, 'ID ~
a~~
PDbert W. Pope, ty Attorney
STATE OF NORI'H CAROLINA
cx)UNTY OF NEW IWTOVER
The foregoing certificate(s) of
, Notary(ies) Public, is (are)
certified to be correct.
This the
day of
,19_
REGISTER OF DEEDS OF NEW HANOVER CX)UNTY
By:
3
g/c0
............................................................................................................ .~~
. ~. ~;i~
#~
1Boar~ of illomminniotltrn
l'
New ){ullouer <!Ioutttu
iIle5 olutioll
A RESOLUTION FROM THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ON THE DEVELOPMENT OF A NATURAL RESOURCES RESEARCH CENTER
AT THE SCHOOL OF FOREST RESOURCES
NORTH CAROLINA STATE UNIVERSITY
WHEREAS~ the productivity and the quality of life of
the coastal area of North Carolina is attributable in large part
to the richness of its natural resources; and
WHEREAS, these natural resources include the quality of
water and air, clean beaches, abundant fish and shellfish,
productive marshlands and forests, minerals, wildlife, and
recreational opportunities; and
WHEREAS, the New Hanover County Commissioners are
charged with giving guidance to orderly, balanced growth, while
protecting the natural resources of our fragile coastal area: and
WHEREAS, the execution of the above responsibi Ii ty
requires an understanding of the complex interactions among
resources and of the effects of men's use of those resources; and
WHEREAS, County Commissioners and staff have limited
capacity to perform all of the complex analyses required to
understand the implications of varied management practices on
coastal resources: and
WHEREAS, North Carolina State University, through its
Schools of Forest Resources and of Physical and Mathematical
Sciences has proposed the establishment on the campus of a
Natural Resources Research Center with the following purpose:
;,
lito provide a focal point for the discovery,
accumulation, retrieval, and transfer of knowledge
about natural resource and related environmental
issues...This general goal will be achieved by faculty
and staff of the Natural Resources Research Center.
The Center will summarize existing knowledge, discover
new knowledge through research, maintain data bases,
and assess management alternatives. The Center will
also respond to requests for objective information from
state agencies, county and municipal governments,
business and industry, and various public interest !
,\' ~ groups and industry associations. II ;,3.1' X
~~-~ . iJ.I~ ~
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an
WHEREAS, $11,600,000 has been included in the budget of
The Uni versi ty of North Carolina to construct the Natural
Resources Research Center~
NOW THEREFORE BE IT RESOLVED that the New Hanover Board
of Commissioners recognizes the need for a natural resources
research center such as the one proposed at North Carolina State
University and urges that the funds needed for its construction be
provided by the 1985 General Assembly.
Signed this 11th day of March, 1985.
l~ ot;Yled
Nolan O'Neal, Chairman
$()...3
RESOLUTION OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, New Hanover County and the City of Wi Imington jointly prepared and
adopted a CAMA Land Use Plan in 1976 and jointly updated it in 1982; and
..
WHEREAS, the N. C. Coastal Area Management Act requires the Plan to be
updated again by 1987; and
WHEREAS, the County recognizes that the planning and service implementation
decisions of the County and City greatly affect the growth of the other; and
WHEREAS, the County recognizes that efficient and orderly growth can be best
accomplished by coordination and cooperation in making planning and service
implementation decisions; and
WHEREAS, plans for land uses and development by residents and private
industry are best served by a single, coordinated set of publ ic growth pol icies;
NOW, THEREFORE, BE IT RESOLVED that: New Hanover County enters into an
agreement with the City of Wi Imington to jointly prepare and adopt a CAMA Land
Use Plan Update in accordance with CAMA guidel ines, as implemented by a workplan
to be agreed upon by City and County staffs.
Tt1i s the )/~
day of March, 1985.
(
71ArfAAA- () l /1Ld
Chairman, Board of County Commissioners
(SEAL)
ATTEST:
~ -Lx/~
ie F. Harrell, Clerk