2012/11/19 RESOLUTION APPROVING CONVEYANCE OF PROPERTY TO A NONPROFIT ORGANIZATION PURSUANT TO G.S. 160A-279Resolution Approving Conveyance of Property to
A Nonprofit Organization
Pursuant to G.S. 160A -279
WHEREAS, the County of Harnett owns all that 21.94 tract or parcel of land
situated, lying and being in Lillington Township, Harnett County, North Carolina, known
as "County of Harnett Shawtown School Site" and being that same tract shown on that
certain survey and map made by Bennett Surveys, Inc., and duly recorded in the Office of
Register of Deeds of Harnett County, N.C., Map Book 2004, at Slide 301, to which map
reference is hereby made for a more complete and adequate description. The property .
hereinabove described is that property acquired by County of Harnett ( "Harnett County ")
by special warranty deed in Book 1925, Pages 743 -746, Harnett County Registry.
WHEREAS, North Carolina General Statute § 160A -279 authorizes a county to
convey real property to a nonprofit corporation if the county is authorized by law to
appropriate money to the corporation; and
WHEREAS, North Carolina General Statute § 153A -437 authorizes a county to
provide assistance to historical organizations to preserve historic areas and establish
historical museums; and
WHEREAS, North Carolina General Statute §160A -492 authorizes a county to
undertake and support human relations and community action programs to promote
equality of opportunity for all citizens, promote understanding, respect and goodwill
among all citizens and provide channels of communication among the races; and
WHEREAS, the County of Harnett has negotiated with Shawtown High School
Alumni Assoc., Inc. (hereafter "Association') to convey a 10.30 portion of that 21.94
acre tract described above and more specifically shown as Tract 1 on certain survey and
map made by Streamline Land Surveying, Inc. dated November 1, 2012 attached hereto
as Exhibit A in order that the Association preserve the historical significance of the area
to the African American community and to improve the property to construct a
community center to honor the significant contributions of the educators and students of
Shawtown High School, and to operate human relations and community action programs
for the purpose of promoting the equality of opportunity for all citizens, promoting
understanding, respect and goodwill among all citizens and provide channels of
communication among the races; and
WHEREAS, the preservation of the historical significance of the area, along with
the construction of the community center will assist County of Harnett in preserving the
historical significance of the area and in promoting human relations and community
action programs for all of its citizens.
NOW THEREFORE, THE HARNETT COUNTY BOARD OF
COMMISSIONERS RESOLVES THAT:
1. The chairman of the Harnett County Board of Commissioners is authorized to
execute all documents necessary to convey fee simple defeasible title to a 10.30 portion
of that 21.94 acre tract described above and more specifically shown as Tract 1 on certain
survey and map made by Streamline Land Surveying, Inc. dated November 1, 2012
attached hereto as Exhibit A.
2. The consideration for the conveyance is the following set of conditions,
covenants, and restrictions, which shall be incorporated in the deed given by the county
to Association:
a. Association will construct a community center on the property and provide areas
in the community center which honor the significant contributions of the
educators and students of Shawtown High School. The community center shall
be constructed by December 1, 2032.
b. Once the construction project is complete, Association will operate a community
center in the building, offering programs for the benefit all citizens which
promote the equality of opportunity for all citizens, promote understanding,
respect and goodwill among all citizens and provide channels of communication
among the races in the county.
c. Association shall submit an annual report to the county summarizing the
programs that it offers at the center.
d. The deed given by the county to the 10.30 acre tract of land shall convey a title
in fee simple determinable. The fee simple interest of Association in the
property shall terminate if at any time Association shall cease to use the property
to preserve the historical significance of the area and ceases to operate a
community center for the benefit of all citizens.
3. The county clerk shall publish a notice summarizing the contents of this resolution,
and the property may be conveyed at any time after 10 days after publication of the
notice.
Adopted this the 19'h day o,; yember, 2012.
el p
Timoth B McNeill, Chairman
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