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HomeMy WebLinkAbout1986-10-20 W&S Exhibit ~ . ~/ RESOLUTION OF THE BOARD OF DISTRICT COMMISSIONERS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT ~ WHEREAS G. S. Chapter 153A, Article 15 authorizes counties to establish water and sewer systems, and G. S. Chapter 162A, Arti~le 6 authorizes counties to establish water and sewer districts; and WHEREAS New Hanover County has established the New Hanover County Water and Sewer District, which District has arranged for construction of a sewer system in the unincorporated- County; and WHEREAS G. S. 153Al-158 authorizes counties to acquire a fee or lesser interest in real property by gift, grant or other lawful method; and "' WHEREAS Roger K. Wolff hereinafter called "Developer", has offered to District the article of personal property described in the attached conveyance, which conveyance is incorporated herein by reference; and WHEREAS, New Hanover County desires to accept the offer of conveyance for the purpose of providing sewer and water services to County residents by and through the New Hanover County Water and Sewer District; NOW, THEREFORE, BE IT RESOLVED as follows: That New Hanover County Water and Sewer District hereby y " accepts the Developer's attached conveyance for the purpose of providing water and sewer service. ADOPTED this qOU day of ATTES'I' : G?c ~Z{ Y/~ Clerk &~ , 1986. 2 '/ NORTH CAROLINA NEW HANOVER COUNTY day THIS CONVEYANCE, of ~.0, Roqer K. Wolff made and entered this 19~, 713 / by and between ( hereinafter called "Developer", and New Hanover County Water and;'~~7W€l:r District, hereinafter called "District"; 4, . WIT N E SSE T H: That Developer, for and in consideration of District's agreement to provide and maintain sewer system to certain properties improved by Developer, and other valuable consideration, has bargained and sold and by these presents does bargain, sell and convey unto District, its heirs and assigns, certain articles of personal property, more particularly described as follows: See Attached Exhibit A but not including any property located outside rights-of-way. To have and to hold said personal property to District, its heirs and assigns in fee simple. And Developer covenants that he is seized of said property in fee and has the right to convey the same in fee . " simple, that the same is free and clear of all encumbrances whatsoever, and that he will warrant and defend the title thereto against the lawful claims of all persons whatsoever. In Testimony Whereof, Developer has hereunto set this hand and seal the day and year first above written. DEVELOPER (CORPORATE SEAL) By: Title: ATTEST: Secretary NORTH CAROLINA NEW HANOVER COUNTY (If Contractor an Individual or Partnership) I, Barbara M. McDowell , a Notary Public in and for the State and County aforesaid, certify that ROGER K. WOLFF personally appeared before me this day and acknowledged the due execution of the foregoing instrument. day of WITNESS my hand and official sea, this September , 1986 17th ~~)J;~:mc~~ Notary Public May 27, 1991 Contractor a Corporation) My Commission Expires: NORTH CAROLINA NEW HANOVER COUNTY and Couty , a Notary Public of aforesaid, certify that personally came before me this (s)he is Secretary the I, State day and acknowledged that of a , corporation with an office in County, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by him/herself as its Secretary. day of WITNESS my hand and official seal, this , 19 Notary Public My Commission Expires: ,a EXHIBIT A DESCRIPTION OF PERSONAL PROPERTY The portion of the sewerage collection system for Greenville Mobile Home Village known as the lift station and the forced main, beginning at the point that the sewer main enters the property deeded to the District from the Developer , said Deed being recorded in the New Hanover County Registry, Book ~344 and Page _a2.~__, and continuing through the property that Developer has granted an Easement to District, said Easement being recorded in the New Hanover County Registry, Book -~~44 and Page _62&_, to the point that said system connects to the existing Northeast Interceptor Force Main presently owned by District and City of Wilmington, being located on the East side of Greenville Loop Road, secondary road #1421. The personal property, the location of which is described above, shall include all concrete wet wells and vaults and covers thereto, hoists, pumps, controls, electrical panels, fencing, valves and fittings, all pipes (galvanized and PVC) connecting any components listed above, and any and all accessories associated therewith. . RESOLUTION OF 'I'HE BOARD OF DISTRICT COMMISSIONERS OF 'I'HE NEW HANOVER COUNTY 0ATER AND SEWER DISTRICT WHEREAS G. S. Chapter 153A, Article 15 authorizes counties to establish water and sewer systems, and G. S. Chapter l62A, Article 6 authorizes counties to establish water and sewer districts; and WHEREAS New Hanover County has established the New Hanover County Water and Sewer District, which District has ~ arranged for construction of a sewer system in the unincorporated County; and .' WHEREAS G. S. 153Al-l58 authorizes counties to acquire . a fee or lesser interest in real property by gift, grant or other lawful method; and ~ Landfall Associates (a general partnership) WHEREAS hereinafter called "Developer", has offered to District the article of personal property described in the attached conveyance, which conveyance is incorporated herein by reference; and WHEREAS, New Hanover County desires to accept the offer of conveyance for the purpose of providing sewer and water services to County residents by and through the New Hanover County Water and Sewer District; NOW, THEREFORE, BE IT RESOLVED as follows: That New Hanover County Water and Sewer District hereby . . accepts the Developer's attached conveyance for the purpose of providing water and sewer service. ADOPTED this day of , 1986. Claud O'Shields, Jr., Chairman Board of District Commissioners (SEAL) A'I'TES'I' : . Clerk i' . 2 . NORTH CAROLINA NEW HANOVER COUNTY THIS CONVEYANCE, made and entered this day of October, 1986, by and between LANDFALL ASSOCIATES, a North Carolina Joint Venture (General Partnership), hereinafter called "Developer" and NEW HANOVER COUNTY WATER AND SEWER DISTRICT, hereinafter called "District"; WIT N E SSE T H: That Developer, for and in consideration of District's agreement to provide and maintain sewer system to certain properties improved by Developer, and other valuable consideration, has bargained and sold and by these presents does bargain, sell and convey unto District, its heirs and assigns, certain items of personal property, more particularly . described as follows: sanitary sewer pipelines or mains and materials, ~ appurtenant facilities and equipment (including, without limitation, lift stations and pump facilities), together with the right, privilege and easement, now and hereafter in perpetuity, to improve, remove, replace, inspect, repair, maintain, and use the system of pipelines or mains for sanitary sewer purposes, together with all the appurtenant facilities and equipment necessary or convenient thereto (including, without limitation, lift stations and pump facilities) in, upon, and across the property known as Landfall Subdivision I, New Hanover County, North Carolina, said easement being more particularly described upon Schedule 1 and Exhibits A through F attached hereto, all of which are incorporated by reference. . . . To have and to hold said personal property and easement and all privileges and rights thereunto belonging to District, its heirs and assigns forever. Developer has entered into this conveyance in accordance with the provisions of that Declaration of Restrictions, Conditions, Easements, Covenants, Agreements, Liens and Charges (or Restrictive Covenants) dated July 12, 1985, and recorded July 15, 1985, in Book 1294, page 1668, New Hanover County Registry, including without limitation Paragraphs 4, 11 and 19 thereof. Developer makes the following warranties to District concerning the personal property (to wit: materials, appurtenant facilities and equipment conveyed herein), located or to be located within the easements conveyed hereby: 1. Warranty of Materials and Equipment. Developer warrants to District that all materials, appurtenant facilities and equipment conveyed herein will be of good quality and free from faults and defects and will conform to as-built drawings. Developer warrants all such materials and equipment for a period of one (1) year from the date of this conveyance. 2. Warranty of Work. Developer warrants to District for a period of one (1) year from the date of this conveyance, that all work performed on the materials, appurtenant facilities and equipment has been performed in a workmanlike manner, so as to meet the standards of workmanlike quality prevailing in North Carolina at the time of construction. ~ . -2- . 3. Warranty Against Major Structural Defects. Developer warrants that all structures conveyed herein are free from major structural defects. 4. Warranty of Title. Developer warrants that it is seized of the aforesaid property in fee and has the right to convey the same in fee simple, that same is free and clear of all encumbrances whatsoever, and that it will warrant and defend the title thereto against the lawful claims of all persons whatsoever. Developer agrees to indemnify and hold harmless District and New Hanover County, and their independent contractors, agents, employees and indemnitees from and against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of property damages resulting from the negligence of Developer, Developer's agents, employees and subcontractors. The further terms and conditions of the easement herein conveyed are as follows: 1. District is authorized hereunder to remove and keep removed from the easement all trees, bushes or shrubbery and parts thereof, or other obstructions as necessary to maintain, repair or protect sanitary sewer system lines, materials, appurtenant facilities and equipment. 2. Nothing herein shall be construed to grant to the District any right of access through or over any property within Landfall Subdivision I, except that lying within the easements herein described and conveyed. 3. The Developer agrees not to erect buildings, structures or trees within the easements (other than pavement structures). . . -3- . THIS EASEMENT conveyance shall be perpetual and shall be binding upon the heirs, successors and assigns of the Developer. IN WITNESS WHEREOF, Developer has hereunto set his hand and seal the day and year first above written. LANDFALL ASSOCIATES A North Carolina General Partnership (SEAL) By: GOFORTH DEVELOPMENT COMPANY INC., General Partner By: (CORPORATE SEAL) President ATTEST: Secretary . ~ NORTH CAROLINA COUNTY OF I, , a Notary Public, certify that personally appeared before me this day and acknowledged that he is Secretary of Goforth Development Company, Inc., a corporation, general partner of Landfall Associates, a North Carolina General Partnership, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, attested by self as its Secretary, and sealed with its common corporate seal. Witness my hand and Notarial Stamp/Seal this October, 1986. day of Notary Public My Commission expires: . -4- SCHEDULE 1 . Schedule affixed to that certain conveyance instrument dated the day of October, 1986, between Landfall Associates, Developer, and New Hanover County Water and Sewer District. 1. All streets, drives and roadways of Landfall Subdivision I, New Hanover County, North Carolina, shown upon those maps or plats recorded in Maps Book 15, pages 4 through 4K, and Map Book 16, page 10, in the Office of the Register of Deeds of New Hanover County, North Carolina. 2. That certain sanitary sewer easement of varying width shown upon Exhibit B (Exhibit A intentionally omitted) attached hereto and incorporated herein by reference, the centerline of which is described as follows: . COMMENCING at a point in the northeast right of way line of Odyssey Drive, said point being the southernmost corner of Lot 5, Block 13, as shown upon Exhibit B attached hereto; runs thence a thirty (30) foot width (10 foot width within the hereinafter numbered Lots and 20 foot width within the Golf Course adjacent on the east and south of said lots) in a northeasterly direction along and with the east lines of Lots 5 and 10 the following courses and distances: North 350 53' 27" East 141.30 feet to a point and on the same bearing 88.69 feet to a point; runs thence a twenty (20) foot width easement North 660 10' 38" East 196.34 feet to a point, the southwest corner of Lot 16 and the southeast corner of Lot 15, and North 210 45' 16" East 275.0 feet to a point in the south right of way line of Lunar Lane, all as shown upon Exhibit B; and r That certain easement thirty (30) feet in width, the center line of which is the easternmost corner of Lot 10 (the southwest corner of Lot 11) and runs along the common line of Lots 10 and 11 North 290 21' 15" West 115.0 feet to a point in the cul-de-sac which is the terminus of Glenora Place, also shown upon Exhibit B. For reference see that map recorded in Plat Book 15, page 4B, New Hanover County Registry. 3. That certain sanitary sewer easement (and lift station easement) varying from twenty (20) feet in width to thirty (30) feet in width (and expanded to fifty [50] feet in width for lift station easement) all as shown upon Exhibit B attached hereto and incorporated herein by reference, the centerline of which is described as follows: . COMMENCING at a point in the northwest right of way line of Verrazzano Drive, said point being the easternmost corner of Lot 52, Block 7, and the southernmost corner of Lot 51, Block 7, as shown upon Exhibit B attached hereto; runs thence a twenty (20) foot width along the common line of Lots 52 and 51 North 460 51' 45" West 175.0 feet to a common corner of Lots 52 and 51 in a southeast line of a Golf Course Tract; runs thence a thirty (30) foot width across the aforesaid Golf -5- . Course Tract North 310 25' 23" West 255.90 feet to a point, thence on the same bearing a fifty (50) foot width 50 feet to a point in a southeast line of a Multi-Family Tract; runs thence across the eastern portion of the aforesaid Multi-Family Tract the following courses and distances: a twenty (20) foot width North 250 17' 31" West 137.81 feet to a point, a thirty (30) foot width North 410 17' 37" West 193.16 feet to a point and a thirty (30) foot width North 200 171 30" East 193.39 feet to a point in the south right of way line of Pembroke Jones Drive, all as shown upon Exhibit B. Together with a non-exclusive access easement over and across the roads and streets of the Colony Club, Multi-Family development located along the south right of way line of Pembroke Jones Drive. For reference see that map recorded in Plat Book 15, page 4B, New Hanover County Registry. 4. That certain sanitary sewer easement (and combined sanitary sewer & storm drainage easement) thirty (30) feet in width shown upon Exhibit C attached hereto and incorporated herein by reference, the centerline of which is described as follows: . COMMENCING at a point in the centerline of the western terminus of Beech Street; runs thence the following courses and distances: North 830 121 57" West 5.24 feet to a point, North 400 44' 47" West 255.47 feet to a point, North 390 221 35" West 188.11 feet to a point, thence North 390 11' 44" West 212.98 feet to a point, thence North 390 46' 12" West 238.68 feet to a point, thence North 330 42' 02" West 185.12 feet to a point, thence a combined sanitary sewer & storm drainage easement thirty (30) feet in width, South 650 37' 42" West 363.34 feet to a point and thence South 870 00' 54" West 327.21 feet to a point in the east right of way line Odyssey Drive, all as shown upon Exhibit C. For reference see those maps recorded in Plat Book 15 at pages 4A and 4E, respectively, New Hanover County Registry. 5. That certain sanitary sewer easement (and storm drainage easement) thirty (30) feet in width shown upon Exhibit C attached hereto and incorporated herein by reference, the centerline of which is described as follows: . COMMENCING at a point in the north right of way line of Beech Street, runs thence the following courses and distances: North 070 36' 48" East 255.62 feet to a point, North 000 361 0611 East 165.06 feet to a point, North 060 26' 16" West 391. 26 feet to a point, North 080 45' 00" West 226.01 feet to a point, thence North 220 00' 35" West 210.56 feet to a point, -6- . and North 310 29' 41" West 278.52 feet to a point in the east right of way line Odyssey Drive, all as shown upon Exhibit C attached hereto. For reference see that map recorded in Plat Book 15, page 4F, New Hanover County Registry. 6. That certain sanitary sewer easement and combined sanitary sewer, storm drainage & utility easements, thirty (30) feet in width, save and except that twenty (20) foot width between Lots 64 and 65, shown upon Exhibit D attached hereto and incorporated herein by reference, the centerlines of which are described as follows: . COMMENCING at a point in the southwest right of way line of Landalee Lane, said point being the northwest corner of Lot 65, Block 13 and the northeast corner of Lot 64, Block 13, as shown upon Exhibit D attached hereto; runs thence a twenty (20) foot width along the common line of Lot 65 and Lot 64, South 380 53' 45" West 215.0 feet to a point, a common corner of Lots 65 and 64 in a northeast line of a Golf Course Tract; thence a thirty (30) foot width crossing the Golf Course Tract runs South 830 18' 38" West 214.42 feet to a point, the southeast corner of Lot 48 and the northeast corner of Lot 47, Block 13; runs thence along the common line of Lots 48 and 47, South 730 03' 18" West 124.38 feet to a point in the eastern line of the cul-de-sac at the southern terminus of London Lane, all as shown upon Exhibit D attached hereto; and That certain easement, the centerline of which commences at a point in the southwest line of the cul-de-sac at the southern terminus of London Lane in the north line of Lot 45, Block 13, said beginning point is further identified as being located a distance of 12.32 feet from the northwesternmost corner of Lot 46, Block 13, measured along the right of way of the cul-de-sac at the southern terminus of London Lane as it runs in a northwesterly direction along a curve to the right; runs thence from said beginning point across the eastern portion of Lot 45 South 260 40' 11" West 122.63 feet to a point in a northwest line of Lot 46 and continuing on the same bearing across the western portion of Lot 46 a distance of 103.55 feet to a point in the west line of said Lot 46, a common line with a Golf Course Tract; thence crossing the aforesaid Golf Course Tract South 680 181 43" West 332.24 feet to a point, the southeast corner of Lot 23 and the northeast corner of Lot 22, Block 13; runs thence along the common line between Lots 23 and 22 South 890 49' 57" West 132.69 feet to a point in the southeast right of way line of the cul-de-sac at the southern terminus of Lunar Lane, all as shown upon Exhibit D. . For reference see those maps recorded in Plat Book 15, pages 4G and 4F, New Hanover County Registry. -7- . 7. That certain lift station easement fifty (50) feet by fifty (50) feet in size, that certain sanitary sewer, storm drainage and lift station access easement thirty (30) feet in width, that certain lift station easement fifty (50) feet by fifty (50) feet in size and that certain combined generator & storm drainage easement forty (40) feet in width shown upon Exhibit D attached hereto and incorporated herein by reference, the centerline of which is described as follows: COMMENCING at a point in the southwest right of way line of Pembroke Jones Drive, said beginning point being located a distance of 23.56 feet in a southwesterly direction from the northwest corner of Lot 55, Block 13; runs from said beginning point the following courses and distances: (with Lift Station Easement No.2 [fifty (50) feet by fifty (50) feet]) South 320 28' 32" East 43.65 feet to a point, thence a thirty (30) foot width South 580 42' 03" East 587.10 feet to a point and South 080 27' 32" East 498.18 feet to a point; South 270 29' 44" East 103.73 feet to a point in the northwest line of Lift Station No.3 (fifty [50] feet by fifty [50] feet); thence a forty (40) width South 270 29' 44" East a distance of 131.38 feet to a point, all as shown upon Exhibit D. . Together with a non-exclusive easement over and across that certain golf cart path which meanders along and with the above three calls with distances of 43.65 feet,587.l0 feet and 498.18 feet respectively. For reference see those maps recorded in Plat Book 15, pages 4D, 4G and 4H, respectively, New Hanover County Registry. 8. That certain combined sanitary sewer & storm drainage & lift station access easement thirty (30) feet in width shown upon Exhibit E attached hereto and incorporated herein by reference, the centerline of which is described as follows: COMMENCING at a point in the west right of way line of Landfall Drive, said point being the northeast corner of Lot 14 and the southeast corner of Lot 13, Block 14, as shown upon Exhibit E attached hereto; runs thence along the common line of Lots 14 and 13, North 340 25' 25" West 194.82 feet to a point, a common corner of Lots 14 and 13 in a Golf Course Tract; continues thence across a portion of the aforesaid Golf Course Tract South 850 10' 01" West 237.82 feet to a point in the centerline of a combined sanitary sewer, storm drainage, utility and lift station access easement forty (40) feet in width, all as shown upon Exhibit E; and . That certain sanitary sewer, utility & lift station access easement thirty (30) feet in width shown upon Exhibit E attached hereto, the centerline of which commences at the western terminus of the immediately preceding easement and is -8- . described by a bearing and distance as follows: North 040 32' 53" East 381.33 feet to a point in the southwest right of way line of Pembroke Jones Drive, which reference line is located parallel to and ten (10) feet west of the east line of said easement and parallel to and twenty (20) feet east of the west line of easement easement, which is thirty (30) feet in width as aforesaid, all as shown upon Exhibit E; and That certain combined sanitary sewer, storm drainage, utility and lift station access easement forty (40) feet in width, the centerline of which commences at the southern terminus of the reference line described in the immediately preceding easement; runs thence across a portion of the aforesaid Golf Course Tract and the adjacent Multi-family Tract, the following courses and distances: South 030 46' 5411 East 196.01 feet to a point, South 290 54' 54" West 313.08 feet to a point and South 310 10' 29" West 244.50 feet to a point, said point being located in the east line of the lift station easement for Lift Station No.4, said easement being fifty (50) feet by fifty (50) feet in size, all as shown upon Exhibit E attached hereto; and . That certain sanitary sewer easement thirty (30) feet in width described by reference line located parallel to and ten (10) feet northeast of the south line of said easement and twenty (20) feet parallel to and southwest of the northeast line of said easement, thirty (30) feet in width, which reference line is described as follows: Commencing at a point in the west right of way line of Landfall Drive and crossing a Golf Course Tract North 550 24' 22'1 West 378.58 feet to a point in the aforesaid Multi-Family Tract, and runs thence on the same bearing a distance of 137.99 feet to the centerline of the above described forty (40) foot width combined sanitary sewer, storm drainage, utility and lift station access easement, said point being in the east line of Lift Station No.4, the terminus of the immediately preceding description, all as shown upon Exhibit E attached hereto. For reference see those maps recorded in Plat Book 15, pages 4J and 4K, respectively, New Hanover County Registry. 9. That certain sanitary sewer & utility & storm drainage easement thirty (30) feet in width shown upon Exhibit F attached hereto and incorporated herein by reference, the centerline of which is described as follows: . COMMENCING at a point in the northeast right of way line of Landfall Drive, said point being located a distance of 80.15 feet in a southeasterly direction measured along the northeast right of way line of Landfall Drive from the southernmost corner of Lot 38, Block 15; runs thence from said beginning -9- . point the following courses and distances: North 550 13' 17" East 214.22 feet to a point, North 640 52' 19" East 708.15 feet to a point, which point is located North 250 46' 35" West 15.05 feet from the northeast corner of Lot 29 and the northwest corner of Lot 28, Block 15, as shown upon Exhibit F attached hereto, and continuing on the same bearing North 640 52' 19" East a distance of 360.23 feet to a point; runs thence South 720 52' 29" East 257.32 feet to a point; runs thence South 220 43' 49" West 10 feet to point, the northeast corner of Lot 25 and the northwest corner of Lot 24; runs thence along the same bearing of South 220 43' 49" West a distance of 154.99 feet to a point, the common corner of Lots 25 and 24 in the northeast right of way line of the cul-de-sac at the eastern terminus of Great Oaks Drive, all as shown upon Exhibit F; and . That certain private drive, pump station access & utility easement thirty (30) feet in width, the centerline of which commences at a point in the southeast right of way of Pembroke Jones Drive, said point being located 36.60 feet northeastwardly from the northernmost corner of Lot 38, Block 15, runs thence North 76 14' 27" East a distance of 795.11 feet; thence South 250 46' 35" East 56.06 feet to a point, thence a width of fifty (50) feet (Lift Station No.5) South 250 46' 36" East 50 feet to the common corner of Lots 29 and 28, all as shown upon Exhibit F attached hereto. For reference see that map recorded in Plat Book 15, page 4K, New Hanover County Registry. . -10- . . (,,~) ." :;; > (~) ~ ,.jl ~ 'v I;) ---- '''I (~) ------ - " . ................... ..'.....--:0.... ~ '',,'',';J ..<;\ h~'" ~~t) \cl 1!~11~'1'1"- ~.::..! :.1 ! ..:: c n:i. ..:: 1::4: ~ j;::Hiij. ,!~: ~ -i ! i Ii li!!ll ~:~!! ' > ~:i " .ll~ ,,!~. ~ d;i.g i m~ j ,1 ., "11 l ,!, ! ,lib LlL~! i rJ .~ ,. ~ ~ J.j ~ . 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CD ') " - "t I '" / '" '" ~ (' (~" 8 "'" .~ 11 -"I" .. u ~ , . . i i{ Ule ~3!E ..... ~ ~ili ~ ~I;~ ....:l 8 ~ ::;:- i -... 08 I: ....:l . .. ul CJ - <: c 'JJ :a ... 0::- ::;: ~ ~ ..: a c 20 l- . ~ Q) - ..: I E .. e tJ - Z51 ~8 ~ a3 <:~ '0 z: a:: - . ~j ~ E J: 0 ....:l .. ~i 0 ~ >< a ; "0 Cl ~ !j W . _ - c ... '" J ~ "Oe w .~ I u ti c;:: :I: I _c!\=.3~"':3 - . .. - - . . . i .2 ai~-:;:;:~ ji:: a =-,"~-:.::":4 :i':- .! ~ Hiuqal= ! :1:1 1 ~ : j .; g ~i : j ..; ~j ;- u %HHH~~~ J~!L j \ ,. /\ \~ ~ .~ ~ ~~\ 1..--,.. " ~ ~r' . -" -" ~ J rt J ( -- .' RESOLUTION OF THE BOARD OF DISTRICT COMMISSIONERS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT "", WHEREAS G.S. Chapter 153A, Article 15 authorizes counties to establish water and sewer systems, and G.S. Chapter 162A, Article 6 authorizes counties to establish water and sewer districts; and WHEREAS New Hanover County has established the New Hano- ver County Water and Sewer District, which District has arranged for construction of a sewer system in the unincorporated County;. and WHEREAS the District desires to locate portions of the sewer system within the rights-of-way of certain streets in New Hanover County; and ~~, WHERE~S various streets in New Hanover County have been dedicated to the public use by the recordation of a subdivision plat or other map; and .J WHEREAS G.S. 153A-158 authorizes counties to acquire a fee or lesser interest in real property by gift, grant or other lawful method; and WHEREAS New Hanover County desires to accept the offer of dedication of certain streets for the pupposes of providing sewer and water services to County residents by and through the New Hanover County Water and Sewer District; NOW, THEREFORE, BE IT RESOLVED as follows: That New Hanover County Water and Sewer District hereby accepts the offers of dedication of the portions of the streets delineated in Exhibit 1, which is attached hereto and incorpor- ated here~~~~~reference, for the purposes of providing water and se,%-$f .", .rsfP 'i;i. \i~ '. <'i> RIO 00000(9<:1' ,# ~, ,'3 (1 ~ 00 ,,' , g ~ 00 ~"#~ (CQRPOE{ <> 0 g g o 0 ~ ....e ~ '; o ~ 0 '& "i? IDS 'b ~.. ''0 %, I>A G0~ -\? ~i/" _.,Q;...... ~~ Attest"!.>' ; of rfl~ ~ , 198\. ~~ Board of District Commissioners ~ EXHIBIT I Streets Accepted by the New Hanover County Water and Sewer District for Water and Sewer Service Phase I Area II 1. The entire portion of Church Street now called Giles Avenue shown on a map of Bradley Heights recorded at Map Book 5 Page 5 shown on a map of Suburban Land Company recorded at Map Book 2 Page 31 of the New Hanover County Registry. 2. The entire portion of Inlet View Drive shown on a map of Shinn Point Section I recorded at Map Book 18 Page 71 of the New Hanover County Registry. 3. The entire portion of the 30' (ft.) section of Victory Gardens Drive shown on a map of Victory Gardens Estates recorded at Map Book 4 Page 30 of the New Hanover County Registry. & " ~ 'It ~ fl~PTEM58,~ '"30) l 81 .. RESOLUTION OF 1'HE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS the Board of Commissioners of New Hanover County hereby determines that it is necessary and in the public interest to acquire an interest in certain real property owned by William T. Weathersbee and wife, Athalia S. TIeathersbee for the public purpose stated in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS to date, representatives of New Hanover County have been unable to acquire the needed interest in this property by negotiated conveyance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County is au thor i zed to acquire by condemnation, for the public purposes stated in Exhibit A, the property and interest described in said Exhibit A. 2. The New Hanover County Attorney is authorized to " institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property interest ~ li herein described. ~-~"",~ '\}c€".;.C.,:.......'OI...,,;;;.~.....~ crJf~Oo~; ~lb~ f)Di~.:''''.~~h. is J?o4_ 00 ~\~ . 'tJ,[!> ~ ",0 ~"" 00000.000060 . (/ tIP ,\:\ ",'" ~ 00 .~. 00 <> . \-- /i'...,.., O. I d" f] ~ l ~..n. r ". ~, ~ 'v\\',. g ~ 0 ~J{. . '~ ~ ( CclRPOo'~ g ~:: g 0 ~~ t., f~ o o' G " o o(".~ J:':1..:t g 0 C':'co g , /:;' 'b cz3 00 '\ ... .~- _ t~ ~ t~? 'b 'V <0 c::;:;:sj~c:..i:~: !i 'b ~ 000 ...F::.<=;;Y:1I. - /."1:'.' 00 ~" 00 --""4.> 'J 00, ~ ooooo~~ j "~" 4/J,: " .."~ IiU , c9 ATTES'I' :.:!..~fij) ~rr'\jJ ,..rrr".,"., '$~.JOO~8~c:.:s-.:.-"".;,r." day of (j)~ , 1986. .-<-- Sr., Chairman Commissioners ~v/~ '--Cler k i..... EXHIBIT A I FORM ,#23 ) MEMORANDUM TO: G. Felix Cooper, County Manager FROM: Tony McLamb, New Hanover County Engineering RE: Condemnation for New Hanover County Sewer System County project " Negotiations with the owners of the property interest referenced below have proved unsuccessful. I request the Board of Commissioners to authorize condemnation. An appropriate resolution is attached. 1. Tax Parcel Number R062-0R 013 011-000 ) 2. Name(s) of Owner(s) Wil1i<'lm T. We<'lthersbeE' :=lTIn wifE', Ath<'lli,q S. Wp,qthersbee 3. Names of spouses or any other persons who may have an interest in the property: 4. Statement of public purpose for acquisition A 50' easement on south of the right of way of Oleander Drive for gravity sewer line- , 5. Project Account Number 6. The following documents are attached: a. Copy of most recent deed b. Legal description of the area being taken c. Plat showing interest taken (no larger than 8~ x 14) J 7. Property Interest Being Taken easement " cc; County Attorney's Office i.ril RESOLUTION OF 'l'HE BOARD OF COHNISSIONERS OF NEW HANOVER COUNTY WHEREAS the Board of Commissioners of New Hanover County hereby determines that it is necessary and ~n the public interest to acquire an interest in certain real property owned by Evelyn Johnson for the public purpose stated in Exhibit A attached hereto and "., ..\" 4" "":r..~ -. '''~ incorporated herein by reference; and WHEREAS to date, representatives of New Hanover County have been unable to acquire the needed interest in this property by negotiated conveyance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County is authorized to acquire by condemna tion, for the publ ic purposes stated in Exhibi t A, the property and interest described in said Exhibit A. 2. The New Hanover County Attorney is authorized to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property interest ; herein described. }'~~~~~~~~~.~~,~this d(J~ day of dJ~~ f:JO#' ~'\:f, OOG~0. C. 000CO tip/;> ~'^.\\. i ~ ooQ )!.','\ 000 0 "'\;\ i ;;j ,l '7 O'h .'~~ \~ ( fORPf . ' 1 \\h ~."". g '6 c-0.. - 1J [ '6 ...e 'b ~." _. ((J .&:,. f" o = 0' -~ / /..l (! ~ c-? 00 =JOllnc,," ,~tf r'j ..;.~ If) <e, ~ 00 ;=:D:;fj;,'59~'" /7 "CS /} ~ <C"A 000 , rf?:J cr:-::::. ~() 00 '-Ii' /J. ooooG9"'. ~'<)..r(/ 'b '1/1'.;. 0 V~6/ ATTES~t,Q @ ~[t'JIbI;:'ccr.:t.? lZ1&O()oac~occoOG~C? , 1986. ~ifY~/ Clerk ) ': ) ) --....... EXHIBIT A / FORM #23 MEMORANDUM TO: G. Felix Cooper, County Manager FROM,: RE: Tony McLamb, New Hanover County Engineering Condemnation for New Hanover County Sewer System County project Negotiations with the owners of the property interest referenced below have proved unsuccessful. I request the Board of Commissioners to authorize condemnation. An appropriate resolution is attached. 1. Tax Parcel Number R062-12 001 008-000 2. Name(s) of Owner(s) Evelyn Johnson 3. Names of spouses or any other persons who may have an interest in the property: 4. Statement of public purpose for acquisition 20 I easement for a ~- gravi ty sewer line in Towles Road Wes t. ~ . , 5. Project Account Number 6. The following documents are attached: a. Copy of most recent deed b. Legal description of the area being taken c. Plat showing interest take~ (no larger than 8! x 14) 7. Property Interest Being Taken Easement cc: County Attorney's Office '4 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS the Board of Commissioners of New Hanover County hereby determines that it is necessary and in the public interest to acquire an interest in certain real property owned by Edward Sholar Powell, Jr. for the public purpose stated in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS to date, representatives of New Hanover County have been unable to acquire the needed interest in this property .1,; 1 ~i I by negotiated conveyance; :' NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County is authorized to acquire by condemnation, for the public purposes stated in Exhibit A, the property and interest described in said Exhibit A. 2. The New Hanover County Attorney is authorized to institute the necessary proceedings under Chapter 40A of the ',.j rJ.-; , , North Carolina General Statutes to acquire the property interest herein described. day of ~, , 1986. ) EXHIBIT A / FORM #23 MEMORANDUM , TO: G. Felix Cooper, County Manager FROM: Tony McLamb, County Real Estate Officer RE: Condemnat ion for New Hanover County Sewer System County project Negotiations with the owners of the property interest referenced below have proved unsuccessful. I request the Board of Commissioners to authorize condemnation. An appropriate resolution is attached. 1. Tax Parcel Number 66-12 005 010-000 2. Name(s) of Owner(s) Edward Sholar Powell, Jr. 3. Names of spouses or any other persons who may have an interest in the property: 4. Statement of public purpose for acquisition An easement across the rear of the lot for instalation of a gravity sewer line. P 1 . 5. Project Account Number 6. The following documents are attached: a. Copy of most recent deed b. Legal description of the area being taken c. Plat showing interest take~ (no larger than 8! x 14) ) .' 7. Property Interest Being Taken Easement cc: County Attorney's Office ",' RESOLU'l'ION OF 'l'HE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS the Board of Commissioners of New Hanover County hereby determines that it is necessary and in the public interest to acquire an interest in certain real property owned by Calvin B. Bymhold and ~ife, ~ary E. Bymhold for the public purpose stated in Exhibit A attached hereto and ~. ; .'1,., .. .~. '~""'~. '.' incorporated herein by reference; and WHEREAS to date, representatives of New Hanover County have been unable to acquire the needed interest in this property by negotiated conveyance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County is authorized to acquire by condemnation, for the public purposes stated in Exhibit A, the property and interest described in said Exhibit A. 2. The New Hanover County Attorney is authorized to institute the necessary proceedings under Chapter 40A of the II.' :i ! North Carolina General Statutes to) acquire the property interest herein desc~hQ~g. rJo,,:/J't1JJ~~v v,' ....~~:e~0 ~::~\A~&jJ.f~4~.. ~ \.s. c?tJ A;v ,,0 "-" ooooo~e~Oo ~ L\ # ~ 000. 00% 0 \., '" ~ 0 ;'0- e t1"', 'la, g ~ 00;",) 0 V/: , t~ <> ~ 0 .'" -(;"., l) ~ l'~ C, 0 1/"""" n' 0 " o '~ 0 ~ o 0 U ~ (CO~ORA E ) i~ r:> DOli lj DO", t; i 'l> ~.~ '\.' () &",/:: 'b~Oo tI~"' ~ "VJ\ 'b , o,,,,,! ~ "'A>. 00 <? "."f:S .~.l o <.r/:> 00 .,.... I;;''''-foj 00 oil' /l COoo~~ d~;J /.v '\.;:" ov//.1r;;, ,"'9'" V r"Y ~.z," 1/ i!J; 3 (0:\) Q, 'G> "'? ATTEST: <C:Z'2;:;:;:::;z;:;:;:;;:;-;:.'-~ day of {/J~ , 1986. %;(~ 'J J -..... '\ I '. EXHIBIT A J FORM #23 MEMORANDUM TO: G. Felix Cooper, County Manager FROM: Tony McLamb, New Hanover County Engineering RE: Condemn at ion for NpU1 H;:mover County Sewer System County project Negotiations with the owners of the property interest referenced below have proved unsuccessful. I request the Board of Commissioners to authorize condemnation. An appropriate resolution is attached. 1. Tax Parcel Number R062-08 011 023-000 2. Name(s) of Owner(s) Calvin B. Bymhold and wife. Mary E. Bymhold 3. Names of spouses or any other persons who may have an interest in the property: 4. Statement of public purpose for acquisition 20' permanent and 10' construction easement along property line for gravity sewer line . 5. Project Account Number 6. The following documents are attached: R. Copy of most recent deed b. Legal description of the area being taken c. Plat showing interest take~ (no larger than 8! x 14) 7. Property Interest Being Taken E,asement cc; County Attorney's Office RESOLUTION OF l'HE BOARD OF CONNISSIONERS OF NEW HANOVER COUNTY WHEREAS the Board of Commissioners of New Hanover County hereby determines that it is necessary and in the public interest to acquire an interest in certain real property owned by Joanna R. Snyder and husband, Larry P. Snyder for the public purpose stated in Exhibit A attached hereto and .~ ..~....,. ""1 incorporated herein by reference; and WHEREAS to date, representatives of New Hanover County have been unable to acquire the needed interest in this property by negotiated conveyance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County is authorized to acquire by condemnation, for the public purposes stated in Exhibit A, the property and interest described in said Exhibit A. 2. The New Hanover County Attorney is authorized to institute the necessary proceedlngs under Chapter 40A of the North Carolina General Statutes to acquire the property interest herein described. IlllllOllcccccooooo 00011 f3~OO c/1. ~<J><;j ",~~~\!iu ~"othis vA r:'V ~\r>\\ '/;'7 " hO ~~ 00000000 v~~ "0 .,- "- 00 Oo.v ~ Iff ~ 00 ,q 00 '" .' '6 f1 ~ 00 " ~111 00 ~ '0 l'1 ~ 00 . ", 't, (fi> '6 P 0 0 g ( c!ORPl) ) ~ tl 2 e ) R u g ~ ()I () o ~ etJ~c .() fl g 'b3 ~li; . .~ fj f, 9.& "^. ~'" ./, \1 <<"':i ~ /.J' ~~. ~ 7." .' ......'/1 , -.;1 "ll '~ ~.';,~? . <"/ ATTES. ~~__~c;:s:>:p'" """ti.1jj.~~ day of tfJ~ , 1986. :\ - Sr., Chairman Cli>mmiss ioner s ~~/~/ Clerk J -, ) \ I ,;,. / FORM #23 EXHIBIT A MEMORANDUM TO: G. Felix Cooper, County Manager FROM: Tony McLamb, New Hanover County Engineering Office RE: Condemnation for New Hanover County Sewer System County project , Negotiations with the owners of the property interest referenced below have proved unsuccessful. I request the Board of Commissioners to authorize condemnation. An appropriate resolution is attached. 1. Tax Parcel Number R062-08 011021-000 2. Name(s) of Owner(s) Joanna R. Snyder and husband, Larry R. Snyder 3. Names of spouses or any other persons who may have an interest in the property: 4 . Stat ement of publ ic purpose for acquisition Construction easement width of 10' along road frontage. . 5. Project Account Number 6. The following documents are attached: a. Copy of most recent deed b. Legal description of the area being taken c. Plat showing interest take~ (no larger than 8~ x 14) , 7. Property Interest Being Taken Easement cc; County Attorney's Office RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS the Board of Commissioners of New Hanover County hereby determines that it is necessary and in the public interest to acquire an interest in certain real property owned by Eugene H. Croom and wife, Cecilia L. Croom for the public purpose stated in Exhibit A attached hereto and '1 ~~- .-.: -~.;..,t._.~ 'T I incorporated herein by reference; and WHEREAS to date, representatives of New Hanover County have been unable to acquire the needed interest in this property by negotiated conveyance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County is authorized to acquire by condemnation, for the public purposes stated in Exhibit A, the property and interest described in said Exhibit A. 2. The New Hanover County Attorney is authorized to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property interest herein described. oeoe'.}Gc:n:::;,cCo~c nO'IJ ~ oo~ 1')...... ,<ffJP \j\~~u-J:l6r~Dlf$h,i s oy'a~ fJ'i' ~ 00000000 lIJ'h "~ ",'" 00 00 r <:'l g ~ 0041. 000 0 ~2- "'~ 0 ~~ 0.4-<' f1 ~ 00 ..' 00 -~ ~\ g 8 ".. " 0 V\ ( COR!>O~T S~ . n '6 13 g g f!v.~ ) 8 g go'" oJ),~i/if;1 0 1/ o 0 <-s:."(/' ~ . ..0 'I o ...e. o~. 0 - ;;;-/ 0 ~ ( ~ = 0 -=-- ;;/ / 00 ~ i1 ~ 9..t\ 00 e:;;.;-00VOo3J;t~'i70 00 ~ ij 00 ~ 00 PO:;J~fi." rP "~ rffi 0"00 t;Ji> ,OOOOQOOe!$SlOG'" ~.i'Ji V'ZbC!~I!f@ ~r;t"Jt\1 ~c~p ATTES'I1: ~'~~""'eit~~,",":"""''''''G~~~~ ...,""'..........-..:i'"'.....,;J.~'" day of ~ , 1986. J athan Barfi~~n Board of County Commissioners ~d~ '- Clerk EXHIBIT A / FORM #23 "- ) MEMORANDUM TO: G. Felix Cooper, County Manager FROM: RE: Condemn at ion for /':Ie W HRnover County Sewer SYHtPITI County project Negotiations with the owners of the property interest referenced below have proved unsuccessful. I request the Board of Commissioners to authorize condemnation. An appropriate resolution is attached. 1. Tax Parcel Number R062-12 DOl 007-000 ) 2. Name(s) of Owner(s) Eugene H. Croom and wife. Cecilia L. Croom 3. Names of spouses or any other persons who may have an interest in the property: 4. Statement of public purpose for acquisition 20' easement for a gravity sewer line on Towles Road West . 5. Project Account Number 6. The following documents are attached: a. Copy of most recent deed b. Legal description of the area being taken c. Plat showing interest taken (no larger than 8t x 14) .J 7. Property Interest Being Taken Easement -'" cc: County Attorney's Office RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS the Board of Commissioners of New Hanover County hereby determines that it is necessary and in the public interest to acquire an interest in certain real property owned by Jean Hall for the public purpose stated in Exhibit A attached hereto and ....~-'ir~'.' incorporated herein by reference; and WHEREAS to date, representatives of New Hanover County have been unable to acquire the needed interest in this property by negotiated conveyance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County is authorized to acquire by condemnation, for the public purposes stated in Exhibit A, the property and interest described in said Exhibit A. 2. The New Hanover County Attorney is authorized to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property interest . i herein described. ~~C$~:~~3Z2;??~ ~';~~~~&B~Sp~,th i s ~O~ 0<:1 ~ 000000>000 ""~!'1'_'<(0.. - Ii' _~ OO{'). "'00 v -'C\ a ~ cP " .",~ 0 0 ..-~ /1 ~ 00 ,~.\ '1;\0 '. 1 I 00 ~ '0, if 0 0 1""1 . 1:j 00 @ 1\ () 0 , ,fll:'.",~.C;;- 0 n (~ORpJ)''$~;S _ g 1;1 o 0 JhfflJ;j('3,>fIlj) 0 b g '6 ~fv' 1l,,,,iJ "tSg'3'f? liD. . 0 i:; g ~ o~ 0 "~ g f.:) o=0~~70~[' ~ ~ 00 It> O"TD.allPOO'D 00 ~ d " /A 00 JOOUDTO. '00 0-"" f,'jJ 0" "dfJ 00 ,. COO t\.""~ / 000. AJ 000000600 ~~ ('4./ Oa -rJ'111/) 1\)"> V 00 '11, l1' IC'Mn Ie ~ '\!i rcPv oQ~ ,;) ~ w '" ':P~ A TT EST. aaooocooocoocccCDO ------ day of -.I)~ , 1986. J~~f~~~an Board of County Commissioners %\(/y~ . Cler k :' -') J ~" .. , ) w / rORM.#23 ~F!3}:T A MEMORANDUM TO: G. Felix Cooper, County Manager FROM,: RE: Condemnation for New Hanover County Sewer System County project Negotiations with the owners of the property interest referenced below have proved unsuccessful. I request the Board of Commissioners to authorize condemnation. An appropriate resolution is attached. 1. Tax Parcel Number 62-] 6 004 003-000 2. Name(s) of Owner(s) Jean Hall 3. Names of spouses or any other persons who may have an interest in the property: nla' 4. Statement of public purpose for acquisition 15' easement along ptoperty line for gravity sewer line . 5. Project Account Number 6. The following documents are attached: a. Copy of most recent deed b. Legal description of the area being taken c. Plat showing interest take~ (no larger than 8~ x 14) 7. Property Interest Being Taken Easement cc: County Attorney's Office