11011993
286
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993
The Harnett County Board of Commissioners met in regular session on
Monday, November 1, 1993, in the Commissioners Meeting Room, County I
Office Building, Lillington, North Carolina.
Members present: H. L. Sorrell, Jr.
Beatrice Bailey Hill, Vice-Chairman
Dan B. Andrews
Joseph T. Bowden
Walt Titchener
Staff present: Neil Emory, County Manager
Tony Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Vanessa W. Young, Finance Officer
Kay S. Blanchard, Recording Secretary
Chairman Sorrell called the meeting to order at 9 a.m. and
Commissioner Andrews offered the invocation.
Commissioner Hill moved to approve the agenda as published with the
deletion of an item concerning project ordinance for North Harnett
Elementary School wastewater project. Commissioner Andrews seconded
the motion and it passed with a unanimous vote.
Upon motion made by Commissioner Andrews and seconded by Commissioner
Hill, the Board unanimously approved the following items from the
Consent Agenda:
1. Minutes: Regular Meeting, October 18, 1993
2. Budget Amendments:
Public Utilities (Northeast Capital pro;ect) I
Code 67-9015-002 Carlisle Contractors-NE 109,679. increase
67-9015-003 Hogue Electric 2,000. increase
67-9015-004 T.A. Loving 142,876. increase
67-9015-005 Tri-State 576,687. increase
67-9015-006 Progressive 22,580. increase
67-9015-008 Watson Electrical 33,151. increase
67-9015-010 Land & Right of Way 43,494. increase
67-9015-020 Legal & Admin. 16,562. increase
67-9015-030 Engineering 122,799. increase
67-9015-040 Telemetry - SCADA 6,927. increase
67-9015-070 Interest during Construction 128,947. increase
67-9015-1570 Transfer to NE Metro 41,758. increase
Revenue: 67-3290-000 Interest on Investment 24,772. decrease
67-3600-000 Sales Tax Refunds 28,887. decrease
67-3700-1000 Loan Proceeds 1,080,000. decrease
67-3750-000 Misc. Revenues 1,614. decrease
67-3771-000 Advance from HCPU-NE 72,901. decrease
67-3970-000 Interfund Transfer-NE Metro 39,286. decrease
Public Utilities (West Central Phase II)
Code 72-9016-060 Telemetry - WC II 1,000. increase
72-9016-010 Land - WC II 325. increase
72-9016-080 Contingency - WC II 1,325. decrease
Public Utilities (Brookfield Capital Prolect)
Code 77-9023-001 Construction 2,394. increase
77-9023-020 Legal & Admin. 395. increase
77-9023-030 Engineering 2,500. increase
77-9023-080 Contingency 1,000. increase
77-9023-1570 Transfer to General Fund 8,770. decrease
Revenue: 77-3290-000 Interest on Investments 1,939. decrease I
77,3600-000 Sales Tax Refunds 542. decrease
Public Utilities (Southwest Water & Sewer)
Code 37-9006-1200 Capital Reserve 13,902. increase
Revenue: 37-3270-002 Transfer from Carolina Lakes 15,563. increase
37-3290-006 Interest on Investments 87. increase
37-3990-006 Unapprop. Fund Bal. - SW 1,748. decrease
Public Utilities (Carolina Lakes Capital Proiect)
Code 76-9022-1570 Transfer to SW 15,650. increase
76-9022-010 Acquisition - Carolina Lakes 1,350. decrease
76-9022-020 Legal & Adm. - Carolina Lakes 9,033. decrease
Revenue: 76-3290-000 Interest on Investments 5,267. increase
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287
Public Utilities (Buies Creek-Coats Water & Sewer)
Code 33-9002-071 Capital Outlay - Land 2,163. increase
Revenue: 33-3990-002 Unapprop. Fund Balance 2,163. increase
Section 8 Existinq
I Code 80-9900-4110 Admin. - Salaries 143. increase
80-9900-005 FICA Tax Expense 11. increase
80-9900-007 Retirement Expense 8. increase
80-9900-0071 Supplemental Retirement 2. increase
Revenue: 80-2990-000 Fund Balance - Section 8 164. increase
Mod. Rehab.
Code 80-9901-4110 Admin. - Salaries 143. increase
80-9901-005 FICA Tax Expense 11. increase
80-9901-007 Retirement Expense 8. increase
80-9901-0071 Supplemental Retirement 2. increase
Revenue: 80-2990-000 Fund Balance - Section 8 164. increase
Revenues
10-3970-006 Transfer from AC Senior Center 734. increase
10-3990-000 Fund Balance - Appropriated 734. decrease
Anderson Creek Senior Center (Capital Proiect)
Code 61-9050-1570 Transfer to General Fund 734. increase
61-9050-001 Construction 734. decrease
Anderson Creek Senior Center (Capital pro;ect)
Code 61-9050-001 Construction 75,943. decrease
61-9050-1570 Transfer to General Fund 734. decrease
Revenue: 61-3000-001 Mid-Carolina Council of Gov. 68,577. decrease
61-3000-002 Boone Trail Medical Center 4,500. decrease
61-3000-004 Donations 1,000. decrease
61-3000-005 Contribution from Harnett 2,000. decrease
61-3290-000 Interest on Investments 600. decrease
I Human Resources
Code 10-7400-003 Salaries & Wages, part-time 28,689. increase
10-7400-005 FICA Tax Expense 2,195. increase
10-7400-033 Materials & Supplies 1,116. increase
Revenue: 10=3480-060 Manpower Program 32,000. increase
AGREEMENT WITH 3. Agreement with Lee County for services of Hillcrest Youth Shelter
LEE COUNTY FOR
SERVICES OF HILLCREST4. Tax Refunds (Attachment 1)
YOUTH SHELTER
5. Resolution authorizing release of Harnett County's share of
FUNDS RELEASED TO appropriated State funds to Mid-Carolina Council of Governments
MID-CAROLINA COG (Attachment 2)
NATIONAL DIABETES 6. Proclamation concerning National Diabetes Month (Attachment 3)
MONTH
Informal comments were provided by the following citizens:
1. Floyd Hein, Anderson Creek area
2. Carl Fitchett, Dunn
SOUTH CENTRAL Chairman Sorrell stated that the Board would now consider certain
W & S matters sitting in its capacity as the governing body of South Central
Water & Sewer District of Harnett County. Al Bain, Public Utilities
Attorney, presented for the Board's consideration a proposed
resolution authorizing application to the Local Government Commission
for approval of issuance of general obligation bonds. Commissioner
Bowden moved for adoption of the resolution. Commissioner Andrews
seconded the motion and it passed with a unanimous vote. (Attachment
4)
THIS END UP Chairman Sorrell called to order a public hearing on proposed transfer
I FURNITURE CO., INC. of real property to This End Up Furniture Compar.y, Inc. No comments
were offered and Chairman Sorrell closed the public hearing. Dwight
Snow, County Attorney, presented for the Board's consideration a
proposed resolution to transfer real property to This End Up Furniture
Company, Inc. Commissioner Bowden moved for adoption of the
resolution. Commissioner Titchener seconded the motion and it passed
with a unanimous vote. (Attachment 5)
ARCHITECTS FOR
DSS AND HEALTH Tony Wilder, Assistant County Manager, reported ~hat the Architectural
DEPT. BUILDING Committee has received proposals for the design of the DSS and Health
Department facility. The Architectural Committee recommends that the
firm of Skinner, Lamm, Hood & Highsmith, P.A., Architects be
--
288
authorized to proceed with the design of the new facility.
Commissioner Titchener moved for approval of the proposed contract
with the recommended firm. Commissioner Andrews seconded the motion
and it passed with a unanimous vote.
UNDERWRITER SERVICES Neil Emory, County Manager, requested authorization from the Board for
the staff to receive proposals for underwriter services in order to
proceed with the financial planning required for upcoming capital I
projects. Commissioner Bowden moved that proposals be accepted for
underwriter services. Commissioner Andrews seconded the motion and it
passed with a unanimous vote.
Reports were filed with the Board from Veteran's Affairs and the Tax
Department.
REQUEST FOR RECLASS. Neil Emory, County Manager, presented a request from the Sheriff's
OF DEPUTY POSITION Department that a new Deputy I position be reclassified to a Deputy
III-Detective. The request is due to new State law requiring
investigation of child abuse cases within 48 hours of reported
offense. Commissioner Bowden moved that consideration of the matter
be tabled until a representative from the Sheriff's Department can be
present to answer questions concerning the requested reclassification.
Commissioner Andrews seconded the motion and it passed with a
unanimous vote.
ADJOURNMENT There being no further business, the Harnett County Board of
Commissioners regular meeting, November 1, 1993, duly adjourned at
9:40 a.m.
Z(#Chairman
'iL '-uJ '-(/'h~6
Vanessa W. Young, Clerk. '
J
J~ J'. ~d I
KayS. Blanchard, Recording Secretary
ATTACHMENT 1.
TAX REFUNDS FOR OCTOBER
November 1, 1993
ITEM NO PARCEL NUMBER NAME AMT OF REFUND REASON FOR REFUND
1. 0801657000 Ian D & Patricia N Simpson SoLid waste, Land was transferred,
POBox 2202 soLid waste was billed in error.
HartsviLLe SC 29550 2202
S 37.50 S 37.50 x 1 = S37.50 SoLid Waste
(1993)
2. 1303447000 Edmond C Morrison SoLid waste, Land was transferred,
Route 3 Box 564 solid waste was biLled in error.
Li lL ington NC 27546
S 37.50 S 37.50 x 1 = S37.50 SoLid Waste
3. 208746000 Allie Mildred Lee SoLid waste, land was transferred,
406 Mailman Rd solid waste was biLled in error.
Knightdale NC 27545 8430
S 37.50 S 37.50 x 1 = S37.50 Solid Waste
(1993)
4. 001001303000 Virginia Sherman SoLid waste, Land was transferred,
POBox 1796 solid waste was bilLed in error.
Lit Li ngton NC 27546
S 37.50 S 37.50 x 1 = S37.50 Solid Waste
( 1993)
5. 0400665000 Timberyne Cabinet Co Inc Business personal property was over-
Route 4 Box 437 li sted for 1991 an:! di scovered thrOl.l!t1
Angier NC 27501 an audit.
S713.02 S82912 x .0073 = 5605.25 Co Wide I
(1993) S82912 x .0008 = 66.32 B R Fire
S82912 x .0005 = 41.45 B R Resc
--------------------------------
S82912 x .0086 = S713.02 Refund
6. 0405413000 Roy E Tuck Mr. Tuck listed his vehicle on his
Route 2 Box 234-B abstract for 1993 but he should not
Angier NC 27501 have because of the Motor Vehicle
Billing System.
S 2.51 S300 x .0070 = S 2.10 Co Wide
(1993) S300 x .0008 = .24 B R Fire
S300 x .00055= .17 B R Resc
------------------------------
S300 x .00835= S 2.51 Refund
7. 0400266000 Ester Butts SoL'd waste, land was transferred
POBox 876 and the soLid waste was charged in
Four Oaks NC 27524 error.
S 37.50 S 37.50 x x =S37.50 Solid Waste
(1993)
289
8. 130640 0054 01 Daniel H & Ilse A Spaulding Charged for 8.2 acres but a new survey
Route 3 Box 63-A showed there was only 6.69 acres in
Li II ington NC 27546 the tract.
$ 8.86 $1,150 x .0070 = $ 8.05 Co Wide
( 1993) 51,150 x .0007 = .81 Svle Fire
-----------------------------------
$1,150 x .0077 = $ 8.86 Refund
9. 0701771000 Catherine R Smith Solid waste, land transferred and
Route 1 Box 188 solid waste was billed in error.
I Erwin NC 28339
$ 37.50 S 37.50 x 1 = $37.50 Solid Waste
10. 0213119000 Carver Equipment Company 1989 business property listing was
POBox 670 overlisted. Discovery made during
Dunn NC 28335 an audit.
'5 97.80 512382 x .0073 = $ 90.38 Co Wide
(1989) 512382 x .0004 = 4.95 Ave Resc
512382 x .0002 = 2.47 Ave Sch
---------------------------------
512382 x .0079 = S 97.80 Refund
11. 10-0559 0516 1 Catherine Morton Sold 5.40 Ac to state per new addition
C/O J W Barnes to prison. Deed... J.J but transfer
2015 Reaves Drive not made.
Raleigh NC 27608
$ 72.59 510370 x .0070 = 5 72.59 Co Wide
(1992)
12. 01100014000 Dave & M Arrington Solid waste, land transferred and
c/o Harnett County Tax Dept solid waste was billed in error.
POBox 250
L ill ington NC 27546
5 37.50 537.50 x 1 = 537.50 Solid Waste
(1993)
13. 0902772000 Thomas Alford Taxed twice on the same mobi le home
Route 2 Box 20B in the same year (1993).
Cameron NC 28326
$ 74.76 $9230 x .0070 = 5 64.61 Co Wide
(1993) 59230 x .0008 = 7.38 BH Fire
59230 x .0003 = 2.77 BH Resc
--------------------------------
$9230 x .0081 = 5 74.76 Refund
14. 0801751000 Alvin Tutor Mr. Tutor listed his car on his
Route 2 Box 164 form which indicated that it was
Fuquay Varina NC 27526 unl icensed. However, the vehicle
was licensed and he has been bi lled
by the Tax Office Motor Vehicle Dept.
I S165.31 519680 x .0070 = 5137.76 Co Wide
(1993) 519680 x .0009 = 17.71 N H Fire
519680 x .0005 = 9.84 N H Resc
---------------------------------
$19680 x .0084 = 5165.31 Refund
15. 0105085000 Thomas L Mason Vehicle was listed once as an
Route 1 Box 439B-2 unregistered vehicle and once as a
Spring Lake NC 28390 registered vehicle.
S 22.70 52672 x .0070 = 5 18.69 Co Wide
( 1993) $2672 x .0015 = 4.01 AC Fire
--------------------------------
52672 x .0085 = $ 22.70 Refund
16. 04-0674 0081 Jerry M Smith Solid waste, house vacant used as
POBox 722 storage.
Angier Nt 27501
$ 37.50 $ 37.50 x 1 = 5 37.50 Solid Waste
(1993)
I
290
ATTACHMENT 2.
BOARD OF COMMISSIONERS COUNTY MANAGER'S OFFICE
H.L. SORRELL, JR. Chairman NEIL EMORY
BEATRICE B. HILL, Vice,Chairman WM. A. (TONY) WILDER, Assistant I
JOSEPH T. BOWDEN
DAN B. ANDREWS CLERK TO THE BOARD
WALT TITCHENER VANESSA W. YOUNG
P. O. BOX 759 . LlLLlNGTON, N.C. 27546
(919) 893-7555
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION
WHEREAS, in North Carolina the Lead Regional
Organizations, as voluntary organizations serving municipal
and county governments, have established productive working
relationships with the cities and counties across this
state; and
WHEREAS, many counties and cities need assistance in
pursuing economic and community development opportunities,
but federal assistance in the form of intergovernmental
revenues has been severely curtailed in recent years; and
WHEREAS, the 1993 General Assembly recognized this need
through the appropriation of $864,270 to help the Lead
Regional Organizations assist local governments with grant
applications, economic development, community development,
and to support local industrial development activities and
other activities as deemed appropriate by their local
governments; and
WHEREAS, these funds are not intended to be used for I
payment of member dues or assessments to a Lead Regional
Organization or to supplant funds appropriated by the member
governments; and
WHEREAS, in the event that a request is not made by the
County of Harnett for release of these funds to our Regional
Council, the available funds will revert to the State's
General Fund; and
WHEREAS, in Mid-Carolina, funds in the amount of
$48,015 will be used for assisting member governments with
small business and economic development, community
development, and other activities as deemed appropriate by
member governments of Mid-Carolina Council of Governments.
NOW, THEREFORE, BE IT RESOLVED, that the Harnett County
Board of Commissioners requests the release of its share of
these funds, $9,062.16, to Mid-Carolina Council of
Governments at the earliest possible time in accordance with
the provisions of Senate Bill 27 of the 1993 Session Laws.
Duly adopted this 1st day of November, 1993.
HARNETT COUNTY BOARD OF COMMISSIONERS
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( H. t.. Sorr~., Chairman
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ATTEST:
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Vanessa W. YouOO, Clerk
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291
ATTACHMENT 3.
BOARD OF COMMISSIONERS ~~m'~~<l COUNTY MANAGER'S OFFICE
"'~__;;;r;' ~~~~\. .
H.L. SonnELL, Ju. Chairman Ii; ~ ,....,. NEIL EMORY
BEATRICE B. HILL, Vice-Chairman (ti1 ) WM. A. (TONY) WILDER, Assistant
I JOSEPH T. BOWDEN
DAN B. ANDREWS CLERK TO THE BOARD
W AL T TncHENER .. -, -- '" ~. VANESSA W. YOUNG
..,~ ~~~~
COUNTY OF HARNETT
P. O. BOX 759 . LlLLlNGl"ON, N,.C. 27548
(919) 893-7555
HARNETT COUNTY
NORTH CAROLINA
PROCLAMATION
TO DESIGNATE THE MONTH OF NOVEMBER AS
"NATIONAL DIABETES MONTH" IN HARNETT COUNTY
WHEREAS, diabetes is a problem of grave concern and
consequence in American society with serious complications
and effects which can be lessened through tight blood
glucose monitoring and education as recently proven through
the Diabetes Control and Complications Trials ( DCCT) ; and
WHEREAS, more than 13 million people in America,
including many people not yet diagnosed, are affected by
diabetes; that 500,000 new cases are diagnosed yearly;
that diabetes is a leading cause of death and a major cause
of disability in Harnett County; that people with diabetes
are more than twice as likely to require hospitalization
during the year; and
WHEREAS, more than 50,000 lower extremity amputations
were performed on people with diabetes annually, a rate 15
times higher than that of the non-diabetic population; and
WHEREAS, death from kidney disease is 500 times more
I common among young adults with insulin-dependent diabetes
than in the general population; and
WHEREAS, diabetes is the leading cause of new blindness
in adults; that half of all people with diabetes have a
history of hypertension compared to 20 percent of the
general population; that people with diabetes are twice as
likely as members of the general population to have heart
disease and are more likely to die from it; and
WHEREAS, detectable loss of nerve function occurs in
approximately 40 percent of persons with diabetes, and after
25 years of the disease, more than 90 percent are affected;
and
WHEREAS, pregnant women with diabetes require intensive
prenatal care and their babies are five times more likely to
require intensive care during and immediately following
birth than other babies; and
WHEREAS, diabetes awareness and education can lessen or
prevent the complications associated with diabetes; that
through diabetes awareness and education, the person with
diabetes can gain better health, peace of mind, an active
lifestyle, and live more independent and fulfilling lives.
NOW, THEREFORE, BE IT RESOLVED that the Harnett County
Board of Commissioners does hereby proclaim the month of
November 1993 as "National Diabetes Month" in Harnett County
and urges all Harnett County citizens to observe the month
with appropriate ceremonies and activities.
Duly adopted this 1st day of November, 1993.
HARNETT COUNTY BOARD OF COMMISSIONERS
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/ H. L. Sorrel~; Jr., Chair~an
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ATTEST:
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Vanessa W. Y01)ng, Clerk
292
ATTACHMENT 4.
RESOLUTION AUTHORIZING THE FILING OF APPLICATION FOR APPROVAL
OF ISSUANCE OF GENERAL OBLIGATION BONDS OF THE
SOUTH CENTRAL VATER AND SEWER DISTRICT OF HARNETT COUNTY
WHEREAS, the Harnett County Board of Commissioners, sitting as the
governing body of the South Central Water and Sewer District of Harnett County I
(hereinafter the "Board"), desires to provide hydraulic and other improvements
to the water facilities of the South Central Water and Sewer District of Harnett
CouLty (hereinafter "District"); and
WHEREAS, it is now necessary to obtain funding to pay the costs of
construction of the proposed improvements through the sale of general obligation
bonds of the District; and
WHEREAS, the District's Consulting Engineers have carefully studied the
District and have prepared a Preliminary Engineering Report with total estimated
costs of $2,055,000 for construction of the improvements; and
WHEREAS, the Board recognizes that there has been concern among the
residents of the District regarding the water supply and pressure; and
WHEREAS, the Board finds that the project is necessary and expedient in
order to provide a sound and sufficient supply of potable and safe water to
residents of the District, as well as churches and places of business therein;
and I
WHEREAS, the Board desires to make application to the North Carolina Local
Government Commission for the approval of the issuance of general obligation
bonds of the District in an amount not to exceed $2,400,000; and
WHEREAS, said amount is adequate and not excessive for the planned
improvements, in that the amount is sufficient to cover the estimated cost of
construction of the improvements to the water system and to cover any additional
increase in cost due to inflation; and
WHEREAS, the Board intends to construct the improvements without an
increase in the property tax in the District; and
WHEREAS, the estimated increase in cost of water service for a user of the
syst~m as projected by the District's Consulting Engineers is approximately 20
cents per thousand gallons, and such increase is not excessive; and
WHEREAS, the Board intends to construct the improvements only in the event
that the project is economically feasible; and
WHEREAS, the debt management policies and the budgetary and fiscal I
management policies of the District have been, and shall continue to be, carried
out in full compliance with the applicable law; and
WHEREAS, the Board desires to move forward with the application to seek
approval of the above mentioned general obligation bonds, and desires to hold a
bond election regarding the same in January, 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
sitt~,ng as the governing body of the South Central Water and S<.wer District for
Harnett County that:
293
1. The District is hereby authorized and directed to file an application
with the North Carolina Local Government Commission seeking approval of the
issuance of not more than $2,400,000 in general obligation bonds of the District.
2. Alton D. Bain, Harnett County Public Utilities Attorney, is designated
I as representative of the District for the purpose of seeking approval of the said
bonds and is directed to file application for approval of bonds and to employ
bond counsel to represent the District in the authorization and issuance of
bonds.
Duly adopted this the 1st day of November, 1993 upon motion made by
Commissioner Bowden, seconded by Commissioner Andrews, and passed by the
following vote:
Ayes 5 Noes 0 Absent 0 Abstained 0
HARNETT COUNTY BOARD OF COMMISSIONERS
sitting as the governing body of the
South Central Water and Sewer District
of Harnett County
?/b /
/P; . /,/ /~v~/ ~
/ H. L. Sorrel1, Jr., "Chairman
I /
ATTEST:
~a~L ;r.~
Clerk to the Board
I
294
ATTACHMENT 5.
NORTH CAROLINA RESOLUTION TO
TRANSFER REAL PROPERTY
HARNETT COUNTY TO THIS END UP
FURNITURE COMPANY, INC.
THAT WHEREAS, the County of Harnett (hereinafter "COUNTY") is I
tr.e owner in fee simple of a 339.78 acre tract of real property
which is located between U.S. Highway 401 and, the Cape Fear River
in Lillington Township, Harnett County, North Carolina which is
more particularly described in the deed to Harnett County dated
April 29, 1991 and recorded in Book 934, Page 664, Harnett County
Registry; that the COUNTY has current plans for said real property
to be a County Governmental Complex and Industrial Park; and
WHEREAS, the COUNTY is empowered pursuant the terms of the
N.C. General Statutes 5158-7.1 (Local Development Act) as amended,
to acquire, hold for resale, and/or convey interest in real
property subject to the terms and conditions of said statute; and
WHEREAS, This End Up Furniture, Co., Inc. , a North Carolina
Corporation (hereinafter "THIS END UP") has been considering the
eetab1ishment of a new furniture manufacturing facility in Harnett
C~unty which is expected to create a significant increase in the
tax base of the COUNTY in addition to the creation of new jobs in
the COUNTY; that THIS END UP has determined that a 32.197 acre I
tract located within the Industrial Park section of the
aforementioned COUNTY property is a suitable location for the
development of THIS END UP's proposed new facility; and
WHEREAS, other communities have attempted to induce THIS END
UP to locate its proposed new facility on real property within
their respective jurisdictions. That in order to induce THIS END
UP to locate its proposed manufacturing facility in the COUNTY
Industrial Park, the COUNTY is willing to convey a 32.197 acre
tract to THIS END UP pursuant to the provisions of N.C. General
Statutes 5158-7.1(d) & (d1); and
WHEREAS, in considering and negotiating the conveyance of the
32 .197 acre tract, the COUNTY has made the following
determinations:
1. The fair market value of the 32.197 tract to be conveyed
to THIS END UP is $7,600.00 per acre, thereby having a total fair
market value of $244,697.20.
2. The consideration to be received by the COUNTY from THIS
END UP for the transfer of the 32.197 acre tract sha 11 be I
prospective ad valorem tax revenues over the next ten years from
the improvements to be constructed by THIS END UP on the 32.197
tract which shall include a 250,000 square foot manufacturing
fE.cility.
3. That the conveyance of the 32.197 acre tract to THIS END
UP with the subsequent construction and operation of the 250,000
s:i~are foot furniture manufacturing facility will stimulate the
local economy, promote business, and result in the creation of a
substantial number of jobs in Harnett County; and
295
WHEREAS, a closing document entitled "Transfer Agreement
Between Harnett County and This End Up Furniture Co., Inc." which
is attached to this Resolution as Exhibit "A" and a "Special
Warranty Deed" with conditions and restrictions attached hereto as
Exhibit "B" have been prepared and agreed upon between the parties
I to comply with the provisions of N.C. General Statutes S158-7.1(d)
& (d1) and to allow the conveyance of the 32.197 acre tract to THIS
END UP; and
WHEREAS, pursuant to N.C. General Statutes S158-7 . 1 Cd) a
public hearing was held on November 1, 1993 concerning the proposed
transfer of the 32.197 acre tract to THIS END UP under the
guidelines of the Local Development Act, the Transfer Agreement and
special Warranty Deed; that subsequent to the close of said public
hearing and after deliberations, it is the desire of the Board of
Commissioners to approve the real property conveyance subject to
the aforementioned guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that the conveyance by the COUNTY to THIS END UP of
the 32.197 acre tract pursuant to the provisions of N.C. General
Statutes 5158-7.1 (d) & Cd1) is hereby approved;
BE IT FURTHER RESOLVED that the proper officials of the COUNTY
are hereby authorized to enter into the Transfer Agreement Between
Harnett County and This End Up Furniture Co., Inc. and to execute
I the Special Warranty Deed for the 32.197 acre tract to THIS END UP.
This the 1st day of November, 1993.
HARNETT COUNTY BOARD OF COMMISSIONERS
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By: >,. l _ ~ _ ........ .
H.t. Sorre1l/;,Afr., Chairman
/
ATTEST:
/" ' \
"~- '(l' '--Z J!VV>~J
Vanessa W. Young, lerk
EXHIBIT "A"
NORTH CAROLINA TRANSFER AGREEMENT
BETWEEN HARNETT COUNTY
HARNETT COUNTY AND THIS END UP FURNITURE
COMPANY, INC.
I THIS AGREEMENT made and entered into this the 1st day of
November, 1993, by and between the COUNTY OF HARNETT, a body
politic of 102 E. Front st., Li11ington, N.C 27546 (hereinafter
referred to as "COUNTY") and THIS END UP FURNITURE COMPANY, INC. ,
a North Carolina corporation of P.O. Box 30153, Raleigh, N.C. 27622
(hereinafter referred to as "CORPORATION");
WIT N E SSE T H:
THAT WHEREAS, the COUNTY is the owner in fee simple of a
339.78 acre tract of real property which is located between U.S.
Highway 401 and the Cape Fear River in Lillington Township, Harnett
--- "-
296
County, North Carolina which is more particularly described in that
deed to Harnett County dated April 29, 1991 and recorded in book
934, Page 664 Harnett county Registry; that the COUNTY has current
plans for said real property to be a County Governmental Complex
and Industrial Park; and
WHEREAS, the COUNTY is empowered pursuant to the terms of I
North Carolina General statutes S158-7.1 (the Local Development
Act) as amended, to acquire, hold for resale, and/or convey
interests in real property subject to the terms and conditions of
said statute; and
WHEREAS, CORPORATION has been considering the establishment of
a new furniture manufacturing facility in Harnett County which is
expected to create a significant increase in the tax base of the
COUNTY in addition to the creation of new jobs in the COUNTY; that
the CORPORATION has determined that a 32.197 acre tract located
within the industrial park section of the aforementioned COUNTY
property is a suitable location for the development of the
CORPORATION'S proposed new facilities; and
WHEREAS, other communities have attempted to induce
COKPORATION to locate its proposed new facilities on real property
wi thin their respective jurisdictions. That in order to induce
CORPORATION to locate its proposed manufacturing facility in the
County Industrial Park, the COUNTY is willing to convey a 32.197
acre tract to corporation upon the terms and conditions set forth I
in this Agreement; and
WHEREAS, in consideration of the conveyance of the 32.197 acre
tract to CORPORATION by the COUNTY, CORPORATION has agreed to
construct its proposed new manufacturing facility on the 32.197
Industrial Park tract and to further comply with all of the
covenants and conditions binding upon it as set forth in the
trc.:1sfer Special Warranty Deed and the terms of this Agreemsnt;
NOW, THEREFORE, in consideration of these premises and the
mutual covenants and promises set forth below, the CORPORATION and
the COUNTY hereby agree as follows:
section 1.
AGREEMENT TO TRANSFER
1.01. Convevance of Industrial Park tract. Subject to the
terms and conditions set forth herein, on the closing date, the
COUNTY shall cause the 32.197 acre tract located in the Harnett
County Industrial Park to be transferred to CORPORATION by means of
a Special Warranty Deed with certain conditions and restrictive
covenants. I
2.02. Insoection. During the period from the date of this
Ag:.:eement through the closing date when title actually is
tr;,:.:1sferred by Deed, the CORPORATION may enter the 32.197 acre
Ir.~~stria1 Park tract to inspect, examine, survey and otherwise do
wh~t CORPORATION deems necessary in the designing, engineering and
planning of its proposed manufacturing facility. The CORPORATION
acknowledges that it has had previous access to the 32.197 acre
tract sufficient to conduct surveys, soil tests and borings
sufficient to determine that the 32.197 acre tract does not contain
----~ - - ~- ,.. ..'''~;- ...".-". r...,,,',-,-~,,,....,-,,,,,,,,---.,,,,
,~~
297
thereon any hazardous materials, and that to the best knowledge of
CORPORATION after investigation, its use of said tract will not
conflict with or violate any environmental laws.
2.03. Purchase. CORPORATION agrees on the closing date to
I take title to the 32.197 acre tract subject to permitted conditions
and restrictive covenants as contained in the Special Warranty
Deed. The County Board of Commissioners has determined that the
fair market value of the 32.197 acre tract is $244,697.00. The
CORPORATION agrees with the COUNTY'S determination that said amount
is the fair market value of the 32.197 acre tract.
section 2
CONDITIONS OF CLOSING
2.01. Place of Closina. The closing of the transfer of the
32.197 acre tract by the COUNTY to CORPORATION shall take place at
the County offices located at 102 E. Front st., Lillington, N.C.
27546 on or before the 2nd day of November, 1993.
2.02. Conditions of Closina. As of the closing date the
following conditions shall have been satisfied:
a. The COUNTY shall deliver to the CORPORATION the following:
( i) A Special Warranty Deed with certain conditions
and restrictive covenants duly executed by the
duly authorized officials of the COUNTY which said
deed shall include the conveyance of a 32.197 acre
I tract located within the County Industrial Park in
addition to a 30 foot wide temporary
ingress-egress easement leading from U.S. Highway
401 to the subject tract;
(ii) Affidavit of COUNTY as to no liens or encumbrances
imposed by the COUNTY on the 32.197 acre tract
with the exception of those conditions and
restrictive covenants contained within the Special
Warranty Deed;
( iii) Evidence in the form of motions, a resolution or
resolutions duly adopted by the Board of
Commissioners of the COUNTY approving the transfer
to CORPORATION of the 32.197 acre tract which
would include a determination by the Board of
Commissioners that. the conveyance of the 32.197
acre tract to CORPORATION will stimulate the local
economy, promote business, and result in the
creation of a substantial number of jobs in the
I COUNTY.
b. CORPORATION shall have delivered or cause to be delivered
the following:
(i) Copies of the boundary survey of the subject tract
in addition to environmental reports showing the
absence of any hazardous material located on the
32.197 acre tract;
( ii) Copies of the drawings and specifications for the
proposed manufacturing facility to be located on
the 32.197 acre tract including landscape plans
298
and specifications. Also a copy of the proposed
construction schedule for the making of the
improvements to the 32.197 acre tract.
c. CORPORATION has heretofore received the following:
( i) Evidence satisfactory to it that the 32.197 acre
tract is zoned for the use contemplated by the
proposed manufacturing facility; I
( ii) Evidence as to the availability of all utilities
necessary for the construction operation of the
proposed manufacturing facility on the 32.197
acre tract;
(iii) Evidence satisfactory to CORPORATION to the
availability of all permits, licenses, orders,
decrees, or other agreements necessary to
operate the proposed manufacturing facility on
the 32.197 acre tract;
(iv) Evidence satisfactory to CORPORATION that it
shall receive preliminary approval by local,
state and federal agencies to the extent
required and available, to construct the
proposed manufacturing facility on the 32.197
acre tract.
section 3.
REPRESENTATIONS AND WARRANTIES
3. Ol- In order to induce the COUNTY to enter into this I
Agreement and to transfer the 32.197 Industrial Park tract,
corporation represents and warrants to the County that:
a. It is a corporation duly organized and existing and in
good standing under the laws of the State of North Carolina and is
qualified to do business in the state of North Carolina;
b. It has the corporate power and authority to own its
prop~rties and assets and to carryon its business as now being
conducted and has the corporate power and authority to execute and
perform this Agreement;
c. This Agreement:
( i) is the valid and binding Agreement of CORPORATION,
enforceable against CORPORATION in accordance
with its terms;
(ii) does not violate any provisions of applicable law
or the order of any court or other agency of
government binding on CORPORATION, the charter
documents or bylaws of CORPORATION or any
provisions of any indenture, agreement or other I
instrument to which CORPORATION is a party; and,
( iii) does not conflict with, result in a breach of or
constitute an event of default, or an event which,
with notice or lapse of time, or both, would
constitute an event of default, under any
indenture, agreement or other instrument to which
CORPORATION is a party;
d. The information set forth in the proposed manufacturing
facility drawings and specifications including landscape plans and
.,.,.. """'--;'"v" ''''''','''''' ~,.....-- ~., .." .--.~ -
.
299
specifications as presented to the COUNTY, are true and correct and
accurately reflect in general the design of the proposed
manufacturing facility to be constructed by CORPORATION on the
32.197 acre tract within 2 years of the recording date of the
Special Warranty Deed which conveys title to the real property to
I the CORPORATION;
e. There is no suit, claim, action or litigation pending, or
to the best of CORPORATION'S knowledge threatened, relating to the
proposed acquisition by it of the 32 . 197 acre tract, the
construction of the proposed manufacturing facility, or the
operation of said manufacturing facility for its intended purpose;
f. The 32.197 acre tract is properly zoned for the use
contemplated by the improvements;
g. All utilities necessary for the construction and operation
of the proposed manufacturing facility are available at the 32.197
acre tract.
section 4.
COV~NANTS AND AGREEM~NTS OF CORPORATION
4.01 Imnrovements. The Local Development Act as contained in
N.C. General statutes 515S-7.1 and specifically under S15S-7.1(d)
and (d1) permits the transfer by the COUNTY of real property to
CORPORATION and further provides that the consideration to be
received by the COUNTY shall not be less than the fair market value
I of such real property as determined by the COUNTY. The Act
provides that in arriving at the amount of consideration that it
receives, the County may take into account prospective tax revenues
from improvements to be constructed on the property coming to the
COUNTY over the 10 year period following the conveyance. The
COUNTY Board of Commissioners has made a determination that the
fair market value of the 32.197 acre is $244,697.00. The
CORPORATION covenants and agrees with the COUNTY that in
consideration of the transfer of the 32.197 acre tract to it,
CORPORATION shall construct on the 32.197 acre tract a furniture
manufacturing facility with at least 250,000 square feet as shown
on those drawing plans and specifications dated
and identified as
including landscape drawings and specifications, all of which have
been submitted by the CORPORATION and approved by the COUNTY.
CORPORATION further agrees that the construction of the proposed
manufacturing facility is to be completed within two years of the
recordation date of the Special Warranty Deed. Subject to the
I provisions of Section 4.02, the failure of CORPORATION to complete
the manufacturing facility within the two year period shall
constitute a default hereunder, and the CORPORATION shall reconvey
the 32.197 acre tract to the COUNTY pursuant to the provisions of
N.C. General statutes 515S-7.1(d1) as re-written in Senate Sill
70S, ratified May 12, 1993.
4.02. Force Maieure and Other Delav.
co. Notwithstanding the provisions of section 4.01, in the
event CORPORATION is unable to complete the construction of the
- ---~-~-_._-~--------
300
manufacturing facility within the two year period set forth in
Section 4.01 as a result of an event of force majeure, including
but not limited to fires, explosions, acts of God, acts of public
enemy, insurrections, riots, embargoes, labor disputes, including
strikes, lockouts, job actions or boycotts; inability to obtain the
.
governmental permits or approvals necessary for the construction
and operation of the manufacturing facility after a good faith I
effort to obtain the same has been made; shortages of materials or
energy; changes in law; or other cause beyond the control of and
arising without the fault or negligence of CORPORATION; then, in
such event, the construction completion period shall be extended
for a period equal to the delay caused by any of the foregoing
events so long as CORPORATION shall have furnished the COUNTY
promptly upon the occurrence of such event a notice thereof, and
taken all steps reasonably necessary to relieve the effect of such
event and to resume completion of the manufacturing facility.
4.03. Limitation on Sale. CORPORATION shall not sell,
transfer or convey all or any part of the 32 .197 acre tract or
create or permit to exist any lien, mortgage or encumbrance on the
32.197 acre tract prior to the expiration of the two year facility
construction deadline period or the actual facility construction
completion date whichever shall first occur, except in connection
with:
a. The sale or transfer of all the assets of CORPORATION to
a person/entity which assumes and agrees to be bound by all of the I
obligations of CORPORATION under this Agreement;
b. The transfer of the 32.197 acre tract to an Affiliate of
CORPORATION which assumes and agrees to be bound by all of the
oblic;ations of CORPORATION under this Agreement subject to the
apprcval of the COUNTY which approval will not be unreasonably
withheld;
c. Transfers of portions of the 32.197 acre tract to COUNTY;
d. Grants of easements or rights of way for ingress or egress
and utility lines and equipment in favor of the county, and
municipalities or public utilities;
e. Deeds of trust in favor of financial institutions, third
parties or affiliates providing financing of the improvements,
provided however, that affiliate financing of the Improvements
shall have the written approval of the COUNTY which approval shall
not be unreasonably withheld;
f. Liens and rights of way which do not interfere with the
use c.,d development of the 32.197 acre tract; and,
g. Permitted encumbrances. I
4.04. In no event shall the transfer of any interest in the
32.197 acre tract to another person or entity within the
construction deadline period under Section 4.03, relieve
CORPORATION from any of its obligations under this Agreement.
section 5.
DEFAULT
5.01- Events of Default. The occurrence of anyone or more
of the following events for any reason whatsoever shall constitute
an event of default under this Agreement whether such occurrence
shall be voluntary or involuntary or shall come about or be
301
effected by operation of law or pursuant to or in compliance with
any judgment, decree or order of any court or any order, rule or
regulation of any administrative or governmental body:
a. The CORPORATION fails to fulfill the provisions of section
4.01 or 4.03 hereof;
I b. The CORPORATION fails to observe and perform any other
covenant or condition set forth in this Agreement or the Special
warranty Deed and such failure shall continue for a period sixty
(60) or more days after the giving of written notice thereof to
CORPORATION;
c. The CORPORATION furnishes or has furnished to the COUNTY
any material representation, warranty or other statement of fact
contained herein or in any writing, certificate, report or
statement furnished by CORPORATION to the COUNTY in connection with
the transaction described herein, which is or was false or
misleading in any material respect when given;
d. The CORPORATION shall be unable to pay its debts generally
as they become due; files a petition to take advantage of any
insolvency statute; makes an assignment for the benefit of
creditors; commences a proceeding for the appointment of a
receiver, trustee, liquidator or conservator of itself or of the
whole or any substantial party of its property; files a petition or
answer seeking reorganization or arrangement or similar relief
I under the federal bankruptcy laws or any other applicable law or
statute of the united states of America or any state;
e. A court of competent jurisdiction shall enter an order,
judgment, or decree appointing a custodian, receiver,. trustee,
liquidator, or conservator of CORPORATION or of the whole or any
substantial part of its properties, or approve a petition f Bed
against CORPORATION seeking reorganization or similar relief under
the federal bankruptcy laws or any other applicable law or statute;
or,
f- A court of competent jurisdiction, under the provisions of
any other law for the for the relief or aid of debtors, shall
assume custody or control of CORPORATION or the whole or any
substantial part of its properties.
5.02. Remedies. Should CORPORATION fail to construct its
manufacturing facility pursuant to Section 4.01 of this Agreement
then CORPORATION sha 11 reconvey the 32.197 acre tract to the
COUNTY. Upon the occurrence of any other Events of Default
described in Section 5.01, then COUNTY sha 11 have the option to
I bring an action for specific performance of this Agreement in
addition to any other remedies at law.
section 6.
MISC~NEOUS
6.01- Notices. All notices and other communications
hereunder shall be in writing and shall be deemed to have been
given on the date of actual delivery of mail, registered or
certified mail, return receipt requested, postage prepaid, to the
following respective addresses:
302
To the COUNTY: Harnett County
Attn: County Manager
P.O. Box 759
102 E. Front St.
Lillington, N.C. 27546 I
To the CORPORATION: This End Up Furniture Co., Inc.
P.O. Box 30153
Raleigh, N.C. 27622
Either the COUNTY or CORPORATION may change .the address to
which all notices shall be sent by addressing a notice of such
change in the manner provided in this article.
6.02. Bindina Effect. This Agreement shall inure to the
benefit of and is binding upon the COUNTY and CORPORATION and their
respective successors and assigns.
6.')3. ~mendments. Chanaes and Modifications. Except as
otherwise provided in this Agreement, this Agreement may not be
amended, changed, modified or altered except by written agreement
of the parties hereto.
6.04. Severabilitv. If any provision of this Agreement is
held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
6.05. ~ounteroarts. This Agreement may be executed in any
number of counterparts, each of which when so executed and I
delivered shall be deemed an original, and it shall not be
necessary in making proof of this Agreement to produce or account
for mo~a than one such fUlly-executed counterpart.
6. "J6. Governina Law. This Agreement is governed by and shall
be construed in accordance with the laws of the State of North
Carolina.
6.07. caotions. The captions or headings used herein are for
convenience only and in no way define, limit, or describe the scope
or intent of any provision of this Agreement. The schedules and
exhibits to this Agreement which are attached hereto are
incorporated by reference.
6.0S. Additional Actions. Each party hereto agrees to take
(or cause others to take) such action and to execute and deliver
(or cause others to execute and deliver) such other agreements,
certificates or documents as may be reasonably necessary or
desirab~e to carry out the provisions of this Agreement.
6.09. Meraer Clause: Amendment: Successors. This Agreement
and the exhibits and schedules attached hereto contain the final, I
complete and exclusive statement of the agreement between the
parties with respect to the transactions contemplated herein and
all prior written agreements and all prior and contemporaneous oral
agreements with respect to the subject matter hereto are merged
herein.
-_....__.~---
303
IN WITNESS WHEREOF, the COUNTY and CORPORATION have caused
this Agreement to be executed in duplicate originals, in their
I respective names, by persons duly authorized, and has sealed the
same on the day and year first above written.
HARNETT COUNTY
By:
H.L. Sorrell, Jr.
( SEAL) Chairman of Harnett county
Board of Commissioners
ATTEST:
Vanessa W. Young
Clerk of the Board
THIS END UP FURNITURE
COMPANY, INC.
By:
James A. Wall
Senior vice President
( SEAL)
I ATTEST:
EXHIBIT "B"
Prepared by and mail to: Dwight W. Snow, County Attorney,
P.O. Box 397, Dunn, NC 28335
A Portion of Parcel ID No. 11-0650-000S
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED, made this 1st day of November, 1993, by and between
GRANTOR GRANTEE
COUNTY OF HARNETT, THIS END UP FURNITURE
I a body politic and corporate COMPANY, INC.
102 E. Front Street a North Carolina Corporation
P. O. Box 759 P.O. Box 30153
Lillington, N.C. 27546 Raleigh, N.C. 27622
The designation Grantor and Grantee as used herein shall
include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine or feminine as required
by context.
WIT N E SSE T H:
That the Grantor, for a valuable consideration paid bv the
~
Grantee, the receipt of which is hereby acknowledged, has 3i1d by
these presents does grant, bargain, sell and convey unto the
Grantee in fee simple, all that certain lot or parcel of land
situated in the Lillington Township, Harnett county, North Carolina
and more particularly described as follows:
- .--
304
SEE EXHIBIT "A"
As conditions of this conveyance the Grantee shall complete
the following:
(1) The Grantee shall construct a manufacturing facility on
the above described tract with a minimum square footage of space of
at l~a~t 2~O,OOO square feet as shown on those drawing plans and
spec~f~cat~ons dated and identified as
as submitted by the
Grantee and approved by the Grantor. The construction of said
manufacturing facility is to be completed within 2 years of the I
recordation date of this special warranty deed. Upon the Grantee's
failure to construct said manufacturing facility pursuant to said
plans and specifications within said time deadline, the Grantee
shall reconvey said real property to the Grantor pursuant to that
Transfer Agreement Between Harnett County and This End Up Furniture
Co., Inc., dated November 1, 1993 between the parties, and also
pursuant to the provisions of N.C. Gen stat. S15S-7.1 and
specifically S15S-7.1(d1) as rewritten in Senate Bill 70S, ratified
May 12, 1993.
(2) When the manufacturing facility is constructed on a
portion of the above described property conveyed in this deed, the
Grantee shall also construct, install and maintain an earthen
landscaped berm on the eastern boundary of the above described
tract which shall be adjacent to the planned public roadway leading
from U.S. Highway 401 into the Harnett County Government Complex
and Industrial Park property. The aforementioned berm's purpose is
to develop a buffer/screen between the manufacturing facility of
the Grantee and the government complex property on the eastern side
of the roadway. The dimensions and landscape particulars of said
berm shall be pursuant to the landscape drawings and specifications
submitted by the Grantee and approved by the Grantor. The
installation of the earthen landscaped berm shall not be required
in those areas of the eastern boundary where existing trees and
vegetation are located and are of sufficient size to act as a
buffer/screen.
This conveyance is further made and accepted, and the realty
is granted, on and subject to the following covenants and
restrictions.
RESTR~IVE COVENAN~
1- Neither Grantee or any entity claiming under Grantee shall
use the above described property or any portion of such property,
conveyed by this deed as a dumping ground for rubbish or waste I
materials. Trash, garbage, or any other industrial or
manufacturing waste sha 11 not be kept on the premises except in
sanitary and/or suitable storage containers. All incinerators or
other equipment for the storage or disposal of such material shall
be kept in a clean and sanitary condition.
2. Grantee shall not use the above described property for any
purpose that would result in the pollution of any waterway that
flows through or adjacent to said property by refuse, sewage, or
any other material that might tend to pollute the waters of any
such stream or river or otherwise impair the ecological balance of
the surrounding lands.
3. Grantee shall not store or stack raw materials (i. e.
unprocessed lumber) on the outside of its manufacturing facility
except in enclosed and covered containers or outbuildings.
4. Due to the nature of the Grantee's planned manufacturing
process, the only external noise restrictions on the Grantee shall
be those currently existing under Federal and State law a~d
ex':"sting local ordinance and common law. However, an~ successor ln
title, assignee or lessee of the Grantee shall be subJ~ct to future
noise restrictions or limitations properly establlshed by the
Gr~ntor or other governmental authority.
5. The above listed Restrictive Covenants shall apply to and
ru:, with the conveyed land whereby said Restrictive Covenants sha~l
be applicable to all future owners and occupants. . T~e Grantor lS
specifically given the right to enf~rce t~ese Res~r~ct~ve Covenants
through any proceedings, at law or ~n equ~ty, aga~nst a~y person or
entity violating or threatening to violate such restrlctl~ns, ~nd
to recover any damages suffered by the Grantor from any vlolatlon
of such restrictions, including reasonab~e attor~ey~ fees expended
by the Grantor in the enforcement of sald restrlctlons.
This Deed is being given pursuant to the authority of N.C. General I
statute. S15S-7.1(d) and (d1) as rewritten in Senate Bill 70S,
ratified May 12, 1993.
At a regular meeting of the County Board of Commissioners held on
November 1 1993 a public hearing was held and subsequent thereto
a resoluti~n was adopted expressing the intention of ~he Board,to
execute a special warranty deed unto the Grantee hereln conveYlng
the aforesaid described lands as required by N~C. Gen..stat. 515S-
7.1(d) and (d1); public notice of the p~bl1c hearlng and the
Board's consideration of said proposed actlon and conveyance was
given by publication in The Daily Record, The Harnett County News
aud the Harnett Leader newspapers on October 20, 1993.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and
all privileges and appurtenances thereto belonging to the Grantee
i.:l fee simple.
,;'.1; l:.,,,~il~~.if~,t~~i' "ii,t.I'*i<lflfll'.>;":'t)""'l:,.,,, .'
305
And the Grantor covenants with the Grantee, that Grantor has
done nothing to impair such title as Grantor received, and Grantor
will warrant and defend the title against the lawful claims of all
persons claiming by, under or through Grantor, except for the
exceptions hereinafter stated.
Title to the property hereinabove described is subject to the
following exceptions:
a. General utility easements for phone and power purposes.
b. Roadways and rights-of-way of record and those visible by
inspection of the premises.
I c. Such facts as an environmental study on the subject
property by an environmental engineer would reveal.
d. Such facts as a survey on the subject property by a
registered land surveyor would reveal.
IN WITNESS WHEREOF, the Grantor has caused this instrument to
be signed in its name by its duly authorized officers p~rsuant to
a resolution authorizing such act at the regular meetlng of the
Harnett County Board of Commissioners held November 1, 1993 and has
caused the County's official seal to be hereunto affixed the day
and year first above written.
COUNTY OF HARNETT
BY: ( SEAL)
H. L. Sorrell, Jr., Chairman
Board of Commissioners of
Harnett County
(OFFICIAL SEAL)
ATTEST:
Vanessa W. Young, Clerk
NORTH CAROLINA
COUNTY
I a Notary Public of the County and state aforesaid, certify
that H~ L. Sorrell, Jr. personally came before me this daX who
being by me duly sworn, deposes and says: that he is the Chalrman
I of the Harnett County Board of commissioners ,and Vanessa W. Yo~ng
is the Clerk of said Board, that the seal afflxed to the foregol~g
instrument is the official seal of Harnett County, that sald
instrument was signed by him, attested by said Clerk and the
county's seal affixed thereto, all by aut~ority of the Board of
commissioners of said county, and the sald H. L. Sorrell, Jr.
acknowledged said instrument to e the act and deed of Harnett
County. witness my hand and official stamp or seal, this day
of November, 1993.
Notary Public
My Commission Expires:
EXHIBIT "A"
COMMENCING at a set p-k nail at the apparent centerline
intersection of the centerline of U.S. Highway 401 and the
centerline tract of Durham Southern Railroad 100 foot right of way,
Harnett county, North carolina, said commencing point also being
Northwest 900 feet more or less from the intersection of U.S.
Highway 401 and NCSR 1436; thence running with the centerline of
said Railroad tract, South 02 degrees 04 minutes 22 seconds East,
1548.57 feet to a set rebar in the centerline of said track; thence
leaving said centerline and running North 87 degrees 55 minutes 00
seconds East, 50.00 feet to a set rebar, the POINT OF BEGINNING;
thence running a new line, North 87 degrees 55 minutes 00 seconds
East, 850.00 feet to a set rebar; thence running a new line South
02 degrees 05 minutes 00 seconds East, 1650.00 feet to a set rebarj
thence continuing to run a new line, South 87 degrees 55 minutes 00
seconds West, 850.00 feet to a set rebar on the Eastern right of
I way margin of aforesaid Railroad; thence running with said Eastern
right of way margin, North 02 degrees 05 minutes 00 seconds West,
1650.00 feet to the POINT OF BEGINNING and containing 32.1970
acres, more or less as shown on that survey dated September 30,
1993 by Godwin-Jordan & Associates of Dunn, N.C.
The above described tract is a portion of the 339.78 acre tract
which was conveyed to Harnett County in that deed dated April 29,
1991 and recorded in Book 934, Page 664 Harnett County Registry.
TOGETHER with a temporary 30 foot wide ingress-egress easement from
U.S. Highway 401 through the property of the Grantor to the above
described tract. This easement shall exist until such time that a
permanent roadway has been established by the N.C. Board of
Transportation and paved from U.S. Highway 401 into the planned
Harnett County Government complex and Industrial Park for use by
Harnett County and the Grantee. Upon the completion of the first
phase of said roadway, this temporary ingress-egress easement to
the Grantee shall terminate. A more particular description of the
temporary 30 foot wide ingress-egress easement is as follows:
-- ---- ------------------ ------------~------ -----
306
COMMENCING at a set p-k nail at the apparent centerline
intersection of the centerline of U.S. Highway 401 and the
centerline tract of Durham Southern Railroad, 100 foot right of
way, Harnett County, North Carolina, said commencing point also
being Northwest 900 feet more or less from the intersection of U.S.
Highway 401 and NCSR 1436; thence running with the centerline of
U.S. Highway 401, South 45 degrees 39 minutes 54 seconds East,
1897.39 feet to the POINT OF BEGINNING, a set p-k nail in the
centerline of U. S. Highway 401, said p-k nai 1 representing the I
centerline intersection of U.S. Highway 401 and a 30 foot wide (15
feet either side of center) temporary ingress-egress easement;
thence running with the centerline of an existing cart path, South
45 degrees 25 minutes 13 seconds East, 553.79 feet to a point in
the Eastern boundary of the tract which this easement serves, said
point being, South 02 degrees 05 minutes 00 seconds East, 200.00
feet from a set rebar, the Northeast corner of the tract which this
easement serves.
The foregoing certificate(s) of
is/a:e certified to be correct. This instrument and this
cert~ficate are duly registered at the date and time and in the
Bo~k and Page shown on the first page hereof.
REGISTER OF DEEDS FOR
COUNTY
BY: Deputy/Assistant - Register
of Deeds.
I
I