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Home My WebLink About1987-05-18 W&S Exhibit districts; and l62A, Article 6 authorizes counties to estahlish water and sewer counties to establish water and sewer systems, and G. S. Chapter . WHEREAS G. S. Chapter 153A, Article 15 authorizes RESOLU'I'ION 01" THE BOARD OF DISTRICT COfvlMISSIONERS OF THE NEW Hl\NOVER COUNTY WATER AND SEWER DISTRICT Hanover COunty Water and Sewer District, which District has WHEREAS New Hanover County has established the New County; and arranged for construction of a sewer system in the unincorporated lawful method; and a fee or lesser interest in real property by gift, grant or other WHEREAS G. S. 153A -158 authoriie~ counties to acquire WHEREAS hereinafter called "Developer", has offered to District the Richard L. Hinnant , article of personal. property described in the attached and conveyance, which conveyance is incorporated herein by reference, WHEREAS, New Hanover County desires to accept the offer of conveyance for the purpose of providing seWer and water County Water and Sewer District; services to County residents hy and through the New Hanover ~OW, 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 /dP~ day of ~~ ,,'7 198'6..,. .~~ Jilf:trman . ard of District Commissioners ~le~ ;/~dA / 2 ~, NORTH CAROLINA NEW HANOVER COUNTY April 'l'HIS CONVEYANCE, made and entered this , 19~, by and between 6 day of 'KI~ 0 L. \-\., ~ N.A1-.rf hereinafter called "Developer", and New Hanover County Water and Sewer Distri~~, hereinafter called "District"; ,,! . :.- WIT N E SSE T H : That"Developer, for and in consideration of District's ag reement to p.rov ide and ma in tain se wer system to cer ta in 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: all sewer equipment in Virginia Woods subdivision. but not including any property located outside public 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. Developer makes the following warranties to District concerning the materials and equipment conveyed herein: I. Warranty of Materials and Equipment. Developer warrants to District that all materials and equipment conveyed herein will be of good quality and free from faults and defects and will conform to as-buil t 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 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. 3. Warranty Against Major Structural Defects. Developer warrants that all structures conveyed herein are free from major structural defects,. Developer agrees to indemnify and hold harmless District and New Hanover County, and their independent contractors, agents, employees and indemnities from and against any and all claims, demands, causes of action, or other 1 i a b i 1 i t(l , in c 1 u din gat tor n e y - fee s ,on a c c 0 u n t 0 f pro per t y damages resulting from the negligence of Developer, Developer's 2 RESOLUTION OF THE BOARD OF.DISTRICT COMMISSIONERS OF THE NEW IU~NOVER COUNTY WATER AND SEWER DISTRICT WHEREAS G.S. Chapter l53A, Article 15 authorizes counties to establish water and sewer systems, and G.S. Chapter l62A, Article 6 authorizes counties to establish wat~r 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 syttem within the rights-of-way of certain streets in New Hanover County; and WHEREAS various streets in New Hanover County have been dedicated to the public use by the recordation of a subdivision plat or other map; and \ WHEREAS ~.S. l53A-158 authorizes counties to acquir~ 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 pu~poses of providing sewer and water services to County residents by anctthrough 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 th~ pffers of dedication of the portions of the streets delineated in Exhibit 1, which is attached hereto and incorpor- ated her~~:~~~U'.~:~ renee, for the purposes of prov.iding water and se\:4~:ro.~f'l,h'tYtl~ ....~" ......... "'1'1.0 4 r-r .. .' '. r ''I, . I nf ~9' .. - ~\~ {A.J day of __ , 198~ (COtTOR(" ,! ~ \~\. /; · ~.. .". s. ".. ~ .'. "...?" __ ~flIIti. '\ -..p A ........-.- ft.~ -....,,,,ttD SEVft' v Distri t Commissioners At t est : '................. ~ .~;/ ~d(../ lerk EXHIBIT 1 All of Dominion Drive, a private street shown on a plat of Virginia Woods subdivision, which plat is recorded at the New Hanover County Registry at Map Book 25 at Page 178. Acceptance is for water and sewer purposes only. t >- .I Ct' . : I S .j,,',. j (, ',r':/, o .~, j. r'" VI ~9-\~'~ \\J~s NORTH CAROLINA NEW HANOVER COUNTY Uc.el'1'Jbetf: , 19 84 , by and between CORfVRalo,,( I:asl &1lS!- '-II /9 - day of Ve,~R~.s THIS CONVEYANCE, made and entered this hereinafter called "Developer", and New Hanover Counti Water and Sewer District, hereinafter called "District"; WIT N E SSE T H : That Developer, for and in consideration of Distr ict '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: 5e we-e /,'~ I!- S eev/~ ~ 71- .:;r:t I, ~ 2" ..# ~ :# sL ?.Je..s /g>orf 5tA..bch'v/s.~ C4l'(d ~f>C)/a!etV~t!j ;n(U:'e.h but not including any property located outside public 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. Developer makes the follow ing warranties to Distr ict concerning the materials and equipment conveyed herein: 1. Warranty of Materials and Equipment. Developer warrants to District that all materials and equipment conveyed herein will be of good quality and free from faults and defects and will conform to as-buil t 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 war rants to Distr ict for a period of one (1) year from the date of this conveyance, that all work performed on the materials 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. 3. Warranty Against Major Structural Defects. Developer warrants that all structures conveyed herein are free from major structural defects. Developer agrees to indemnify and hold harmless District and New Hanover County, and their independent contractors, agents, employees and indemnities from and against any and all claims, demands, causes of action, or other 1 iabil i ~y, incl ud ing attorney fees, on accoun t of pr ope r ty damages resulting from the negligence of Developer, Developer IS agents, employees and subcontractors. and seal the day and year first above written. IN WITNESS WHEREOF, Developer has hereunto set his hand DEVELOPER (CORPORATE SEAL) By: Title: ~dt7~ p~~ A'rTEST: \ ! JO ~ ------. ./ Secretary \ C. NOR'l'H CAROLINA NEW HANOVER COUNTY (If Contractor an Individual or Partnership) I, /{ull.er, n ~ ,~,;fA {2.ur, e ,a Notary Public in and for the State and County aforesaid, certify that . \. Lv (. 'r..) l::iaIY'Y--V:I V\ personally appeared before me this da and acknowledged the due execution of the foregoing instrument. 3"IA this day of hzh. WITNESS my hand and official seal, , 192.2. My commission expires: 10-/7-:17 , NORTH CAROLINA NEW HANOVER COUNTY / I '1 I, i)? Ae/.nf:.. ,..si?11 //J (('/(Jrlt~' , a Notary Public in and for the State and County aforesaid, certify that _~, l.,Jr'?ht- H.ilJyY\/~h''\ personally came before me this day an2 ackn~.,ledged (s)he is Secretary of c:.'-c.. 00 / v .( l' e <I( a corporation with an office in ' )1 1," ,I,!7 /1/(1,;,-1 !-//lltIVf/rCounty, and that by authority duly give 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. (If Contractor a Corporation) ~'IS ~ITNESS my hand ,,'/L/t'lj ,19.ll. and official seal, this .5 II) day of / / /'''/'' //,' ,/'/ /// ~ .c-;// 1 / / ?:--..' /"'T'~ / ~i 7)-J(' L ,~~/; V ~/ / No ary ~Ublic l ,I My co~~ission expires: /[/-/7- % L I / I >- ll: i! \ ' :; -' i (' " "./,/"', o l . / L." ',r .~ -Br; RESOLUTION Of' 'THE BOARD OF DISTRICT COMMISSIONERS OF' 'THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT .~ . WHEREAS G. S. Chapter .153A, Article 15 author izes 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 a f~e or lesser interest in real property by gift, grant or other WHEREAS G. S. l53A -158 authorizes counties to acquire lawful method; and WHEREAS hereinafter callep "Developer", has offered to District the article of personal property described in the attached East Coast Vendors Corporation and conveyance, which conveyance is incorporated herein by reference; 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 jt~ ..........."" ", II"" ..... ~O'lE'R COli. "1".... .0/" ~J' ........ ~J'L~ .' .~.. ., r . ""~ .. . ~ <.,; .. -- :~ . . ~ . """lIiil;" . ~ .. . . :. ...... i :., ) V . . :~\ -. ,... ~ e. .,,;.' ~ ( S E i. ?.Jo\ '. "....~, ~ II.~ ~ .. ..~, .... "r A ......... ,If.:; ill "'~I ~." III ."... "0 SEWt~ ,.". ..""............. A'I'TEST: . 1(:;( 7~M~ ClerK ~ t ~.~ O"'"?IIIl.. day of Y?~, , 1 98{. . ! ~9.~~ Chaj: rma n Board of District Commissioners 2 REQP'EST J3;)j;~l,.I r::.@T- S~ST'~M GNi{'G~N'S ., l~i .?,"'~ ~,...' DA'.rE A "'A'J!t~~t;l~:{LI"F:l I;~.'.d<-;~, I, rJA'F1E . 8/4/83 Dallas Harris 20,000 June 1987 Eastwood Road 12/16/83 L&B Associates 4,200 Nov. 19;87 Single-Family Whisper Creek I. 4/3/84 Masonboro Pro.p. 4,320 Phase II North of Whisky Creek I Masonboro Loop Road 8/1/84 Boathouse M'arina 18,000 Irr;u;necliate Bradley Creek 12/10/84 Branch Crawford Set 1,15,300 Nov. 1987 Raintree Set II 24,000 Greenville Loop Road 11/14/85 L. R. Armstrong 31,500 Phase II Monkey Junction 1/10/86 Surrey Downs 9,000 Nov. 1987 1/ 10 /8~6 Nathan Sanders 1,350 lnunediate Sununer Rest Road . 1/20/86 Turtle Hall 9,00,0 Nov. 1987 2/26/86 Rog'er Wolff 10,000 Inui\ledia te 5/7/87 L'ewis M. Tartt 400 Nov. 1987 250 A G'reenville Ave House 7/9/86 Pa tr"ick Elliot 600 Irruriediate Corner Head and Greenville Lodp Road Two ( 2) HOuses 7/15/86 Kenneth Phelps 300 Nov. 1987 Ma'sonboro Sound Road House 8/11/86 William Wells 300 Nov. 1987 'Masonboro Loop Road House 10/2/86 W'rightsville Green 9,000 Irruuedia te Seagate . . Page Two Continued RES)UEST DATE ~l&~~ fE~r. ciAD'LQ)NS 10/2/86 M. J. Andrews 300 Beech Street House 11/3/86 Bobby Harrelson 15,000 Woodberry Forest 11/3/87 Braswell 450 Teal Street House 11/10/86 Airlie West 6,240 Airlie Road and Oleander 11/10/86 Fox Run Farms 53,500 11/14/86 Lansdowne 50,400 Hanover Land . 11/21/86 Jim Teachey 52,000 College Park Villas College Road near Oriole 12/18/86 KLR Development Conunercial 480 1/21/87 Nathan Sanders Fawn Creek 43,920 Autumn Brooke 23,400 Millstream 29,400 32,240 1/29/87 Zinunerman Construction Monkey Juncti<;:m 10,000 1/28/87 steve Jones Marywood Subdivison 300 2/4/87 James H. Farlow 6422 Westport Drive 300 2/20/87 Cedar L~nding Greenville Loop 4,.320 2/20/87 Bill Benson Property Shandy Avenue 4,800 . 3/2/87 Peter Willsteen Lot 10 Shandy Avenue 400 &Y:S~~~ A VAIL~~i.'I;:.I;r1"Y DATE lnunediate lnunediate June 1987 June 1987 Phase II Phase II June 1987 Nov. 1987 Phase II Phase II Cape Fear Nov. 1987 Nov. 1987 Nov. 1987 Nov. 1987 Nov. 1987 . R'EQP,;e:ST DATE 3/6/87 3/13/87 3/24/87 3/31/87 4/3/87 4/7/87 . 4/8/87 4/10/87 D''''t'':\fiJ'',"S''''' '-~~t~~_....~:\..~ GJ\'EL0NS S~S[.TH!)M \). '... '\. .~ AVAIL~:B:;J:-I.I'IiY bAITd~ Charles Mintz Greenville Loop 300 Nov. 1987 Albert Pilkington 614 Piner Road Restaurant 3,000 Phase II Dick Zimmerman Lot 24 Edgewater 300 June 1987 Ann Bullard 300 New Orleans and Wrightsville Avenue - House June 1987 County School Piner Road Plilase II Cape Fear 22,500 Gordon Fre,eze 575 7105 Wrightsville Avenue Sandwich Shop Inunediate John R. Lockamy 301 Hooker Road 300 June 1987 ~ick Garrett 1,800 Airlie Joint Ventures Immediate 4/28/87 Robert B. Holton 300 5/5/87 E. B. Nichols 900 Greenville Avenue Nov. 1987 Immediate 5/7/87 M. J. Andrews 1,500 Dick Avenue Irrunediate 11/19/86 Myrtle Grove Church 6,000 . ApprO'ved Previously TOTAL REQUEST 425,775