1980-07-07 RM Exhibits
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STATE OF NORTH C.iCl.ROLINA
OATH OF COUNTY COMMISSIONER
COUNTY OF NEW HANOVER
I, Janet Sutton Morgan, do solemnly swedL (0r ~~fi~m) that
I will support the Constitu~ion of the United States, so help me,
God.
I, Janet Sutton Morgan, do further solemnly and sincerely
swear (or affirm) that I will be faithful and bear true alle-
giance to the State ~~ ~orth Carolina, and to the constitutional
powers and authorities which are ul 'h2Y be established for the
government thereof; and that I will endeavor>_ support, maintain
and defend the Constitution of said State, not incon~~stent with
the Constitution of the United States, to the best of my >...~owledge
anel: ~bili ty',' ~O'. heip':~e,'God.'
I, Janet Sutton Morgan, do further swear (or affirm) that I
will well and truly execute the duties of the office of New Hanover
County Commissioner according the best of my skill and ability,
according to law; so help me, God.
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Subscr:i,be'd and sworn to before me this
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the,.~th day of July, 1980
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Clerk of Superior Court
New Hanover County, North Carolina
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STATE OF NORTH CAROLINA
BEFORE THE BOARD OF COUNTY
Cm1MISSIONERS
COUNTY OF NEW HANOVER
IN THE MATTER OF CLOSING
OF PUBLI C ROAD
ORDER
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It appearing to the Board of County Commissioners of New Hanover County that
a resolution of intent to close all of Imperial Road in Waterford Subdivision of
New Hanover County, North Carolina, running from Colchester Place to its termination
at a point in i'lestern 1 ine of the IITeacheyll tract for a distance of approximately
160.03 feet, was adopted on the 2nd day of
June
, 1980
, and
it further appearing that said resolution called for a public hearing to be held
on the
7th
day of
July
, 1 9 80
, at which time all persons would
be heard on the question of whether or not the closing would be detrimental to the
public interest, or the property rights of any individual, and it further appearing
that notice of said hearing was published in the Wi1mingtqn Star-News Newspaper in
accordance with General Statutes l53A-2417 and that all persons were heard on the
question of whether or not the closing would be detrimental to the public interest,
or the property rights of any individual, and the County Commissioners are of the
opinion that said public road in the County of New Hanover should be closed and
removed from dedication and the closing of same is in the public interest, the legal
description of said street being as follows:
BEGINNING at the point of intersection of the eastern line of
Colchester Place with the northern line of Imperial Road, the
same being the southwest corner of lot 4, block 7, section 4-
revised of Waterford as shown on the map of section 4 - revised,
Waterford recorded in Hap Book 19 at Page 7 of the New Hanover
County Registry; thence, from the point of beginning, South 59
degrees 55 minutes East 160.03 feet to a point in western line
of the IITeacheyll tract; thence, South 31 degrees 09 minutes
30 seconds West, along the said "Teacheyll line, 60.01 feet to
a point; thence, North 59 degrees 55 minutes West 160.03 feet
to a point; thence, North 31 degrees 09 minutes 30 seconds East
60.01 feet to the point of beginning, the same being that
portion of Imperial Road that lies between the eastern line of
Colchester Place and the eastern line of section 4 - revised,
Waterford.
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NOW, THEREFORE, IT IS ORDERED AND DECREED that the above described road
be and the same is hereby closed and removed from dedication. It is further,_
ORDERED that a copy of this order be filed in the Office of the Register of
Deeds of New Hanover County, North Carolina.
Thi s the ?~, day of C~"L~.
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, 1980.
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ZLL-~~ C!. JJ ~ 4J
Chairman of the Board of New Hanover
County Commissioners
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County ?C1 erk
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I,.::t.i..~t-1A<~ t (./?c~. _ , a Notary Public in and for the State
and County aforesaid, do hereby( ertify that Alyce B. Rusmisell personally
appea red before me, and who bei ng duly Si'/Orn, says that she knows the common
seal of the County of New Hanover and is acquainted with Ellen C. Williams
who is Chairman of the Board of New Hanover County Commissioners, and that she
the saiJ Alyce B. Rusmisell is Clerk to the Board of New Hanover
County Commissioners, and saw the said Ellen C. Williams , Chairman of the
Board of New Hanover County Commissioners, sign the foregoing instrument, and saw the
said common seal of said New Hanover County affixed to said instrument by said Chairman,
and that she the said Alyce B. Rusmisell , Clerk as aforesaid, signed
her name in attestation of the due execution of said instrument in the presence of
said Chairman of the County of New Hanover. .
WITNESS my hand and notarial seal this the ft~
day of
J~J
, 1980.
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My Comrrll ssi on Expi res:
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AN ORDINANCE OF THE COUNTY OF NEW
HANOVER AMENDING THE ZONING ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New Hanover adopted
October 6, 1969, as amended, be, and the same is hereby further amended as follows:
I. Amend Section 23, Definitions, by adding the following:
1,-
(61) Residential Private Pier - a dock, pier, launching ramp and/or supportive
boating activity extending from a ,residential lot into \\later adjacent
thereto; the use of which shall be limited to members of the family af
the lot owner orhts tenant and/o~ their invited guests.
(62-) Community Boating FaCil ity - a private, non-profit boating facil ity
including a dock, pier and/or launching ramp on property having water
frontage; the use of which is intended to serve more than one residential
lot. .The ri ght to use such facil ity must be conferred by an -easement
appurtenant to the residential lot i;t is, intended: to. serve.,~ No commercial
activities of any kind shall be allowed\^Jithin<the ,confines of the facility.
(63) Commercial Marina - any structure or group of structures commercially pro-
viding permanent or temporary harboring or storing of two (2) or more boats
(pleasure and/or commercial), and providing marine services, including, but
not limited to, retail sales for fuel, repairs, convenient food stuffs,
boats, engines. and accessory eauipment.
II. Amend Section 51" R-20 Residential District, 51-2, Permitted Uses by revising
item (6) to read:
(6) Residential Private Pier
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Amend Section 51, R-20 Residential District, 51-3 Special Uses by revising item
(4) to read:
(4) Commercial Marina
and adding item (27,) to read:
(Q7) Community Boati ng Faci 1 ity
III. Amend Section 52, R-15 Residential District, 52-2, Permitted Uses by revising
item (6) to read:
(6) Residential Private Pier
Amend Section 52, R-15 Residential District, 52-3 Special Uses by revising item
(4) to read:
(4) Comme(cial Marina
and adding item (30) to read:
(30)- Community Boating Facil ity
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IV. Amend Section 53, R-10 Residential District, 53-2, Permitted Uses by revising
item (6) to read:
(6) Residential Private Pier
Amend Section 53, R-10 Residential District, 53-3 Special Uses by revising item
(5) to read:
(5) Commercial Marina
and adding item (27 ) to rl2ad:
(27) Community Boating Faci1 ity
V. Amend Section 72, AddiHon!ll Restrictions Imposed on Certain Special Uses, by
adding:
72-30 Community Boating Facility - this type of use may be permitted in any
residential district provided:
(a) A minimum of one (1) off-street parking space per boat slip is
provided.
(b) Night lighting by design and construction shall be contained on the
site.
(c) A buffer in compliance with Section 67 shall be provided along all
property lines abutting residential property.
(d) A site plan shall be submitted designating the properties to be using
thi s facil ity.
72-31 Commercial Marina - this type of use may be permitted in any residential
district provided:
(a) A minimum of one (1) off-street parking space per boat slip and per
two (2) dry storage facilities s,hall be provided.
(b) A buffer in compliance with Section 67 shall be provided along all
property lines abutting residential property.
(c) Night lighting by design and construction shall be contained on the
site.
(d) A site plan shall be submitted for review and approval.
Section 2. Any ordinance or any part of any ordinance in conflict with this
ordinance, to the extent of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of public health, safety,
morals and general welfare of the inhabitants of the County of New Hanover, North
Carolina, and shall be in full force and effect from and after its adoption.
Adopted this J7~
day of
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Chairman and Commissioner
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Co missioner
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Commissioner