08151983HARNETT COUNTY BOARD OF COMMISSIONERS MEETING; AUGUST 15, 1983
CALL TO ORDER
PRAYER
MINUTES APPROVED
SR 1132, BILL KING
ANGIER -BUIES CREEK
LANDFILL,
INDUSTRIAL TRAINING
CENTER SPECS
FINAL APPROVAL
The Harnett County Board of Commissioners met in regular session on Monday,
August 15,:1983, in the Commissioners Room, County Office Building, Lillington,
North Carolina, with the following members present: M. H. Brock, Lloyd G.
Stewart, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding.
Vanessa W._ Young, -Clerk to the Board and Robert Morgan, County Attorney, we
also present.
Chairman Jesse Alphin ca11d the meeting to order at 7:40 p.m.
Commissioner Rudy Collins led the evening prayer.
e
The minutes from the Harnett County Board of Commissioners meeting of August 1,
1983, and, the minutes from the Special Meeting of August 10, 1983, were approved
as read.
Bill. King, representing residents of SR 1132, appeared before the Board and
expressed, their appreciation to the Board for their assistnace in- getting
SR 1132 paved.
.Cecil Bell appeared before the Board speaking for the Angier Town Board of
Commissioners. Mr. Bell expressed the Town of Angier's need for a landfill
nearer to them than the Erwin -Dunn landfill, which they have been using since
the closing of the Angier -Buies Creek landfill. Mr. Bell asked the Board for
assistnace in this matter. 14. H. Brock, County Manager, explained why the
Angier-Buies Creek landfill had to be closed and assured the - Angier Town Board r_
that it is the County's intent to open another landfill as soon as a suitable
tract of land can be secured. He stated that the tract of land needs to be
from 75 to 100 acres and asked -the Angier Board to help locate land for this:
purpose.
Sam Miriello, Chairman.of the Industrial Training Center Advisory, Board, reporte
on progress being made on the new Industrial Training Center and introduced
Alvis George, Architect with Moore - Gardner, who presented a model of the
proposed building and grounds and explained in detail the plans and specifica-
tions:of the proposed Industrial Training Center. Commissioner Shaw moved
that the Board accept, the report and approve the plans.- Commissioner Collins
seconded the motion and it carried.
JUVENILE TASK FORCE Sue Thomas, Chaii: tan of the Juvenile Task Force appeared before the Board and
YOUTH SERVICES asked that the budget for the Juvenile Task Force be amended to reflect a
SALARY CHANGE APPROVED salary change and to enable the office to be relocated. Commissioner Brock
recommendedthat the Board adopt the budget amendment for the salary change
and recommended that the Task Force stay in County facilities for the present
time and bring a modified budget .back to the Board. Commissioner Collins made
a motion to accept Commissioner Brock's recommendation. Commissioner Shaw
seconded the motion and it carried.
RESOLUTION' RE: BIDS
ON- WONDERTOWN PROJECT
Clenton Smith, Director of Planning and Development, presented to the Board
for their approval, a Resolution regarding -bids on the Wondertown Project.
Commissioner Brock moved that the Board adopt the following Resolution.
Commissioner Stewart seconded the motion and it carried.
RESOLUTION
"WHEREAS, the Board, of Commissioners has received the results of
contract proposals on the Water Distribution System - Wondertown
Community Phase II, from the Consulting Engineers; whereas, the
Engineer's written Discussion of Bids has recommended award of the
contract to the low bidder of the project based upon acceptance of
the Proposal that will result in the best pricing available to the
County; and whereas, the Board of Commissioners considers it in the
best: interest of the County of Harnett to proceed with construction
of the project by- acceptance of the lowest contract proposal as
recommended by .the Engineers;
NOW THEREFORE, BE IT RESOLVED that contracts on the Water Distribution
System Project - Wondertown Community Phase II be awarded to the
following contractor at the amount shown.
Contract 1 - Part PA"
AWARD TO: Boykin Construciton Company, Inc.
Rt. 2, Box 239A
Kenly, NC 27542
RESOLUTION REGARDING
CONDEMNATION OF
WONDERTOWN PROPERTY
in accordance with the Base Proposal at a total unit price contract amount of
$57,202.80.
Be it further resolved that Chairman of the Board and Clerk to the Board are
authorized to execute contracts for construction of this project."
HARNETT COUNTY BOARD OF COMMISSIONERS
s/ Jesse Alphin
Chairman
Clenton Smith presented to the Board the following Resolution Authorizing
Condemnation to Acquire Certain Property of Franklin D. Rose.
A RESOLUTION AUTHORIZING CONDEMNATION TO
ACQUIRE CERTAIN PROPERTY OF FRANKLIN D. ROSE
WHEREAS, the governing body of the County of Harnett hereby determines
that it is necessary and in the public interest to acquire certain property
owned by Franklin D. Rose for the following public purpose:
To protect the public health, to provide the public with
an adequate and sound public water supply and
distribution system, and to improve such system to
meet the need for expanded or upgraded services.
WHEREAS, the proper officials or representatives of the County of
Harnett have been unable to acquire the needed interest in this property by
negotiated conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY
OF HARNETT, THAT:
1. The County of Harnett shall acquire by condemnation, for the
purposed stated above, the property and interest described as follows:
(a) That certain tract known as "Permanent Easement 870 square feet"
located in Erwin, Harnett County, North Carolina on the North side of Denim
Street (formerly "G" Street and also known as State Road 1718), and described on
a plat made in January of 1982 by Moore, Gardner g Associates, Inc. and
recorded in Plat Cabinet 1, Page 287 of the Office of the Register of Deeds, to
which reference is hereby made for a more perfect and complete description.
Said property is more paricularly described as follows:
BEGINNING at a point located at the Southeast corner of the Franklin D. Rose
Property and the Southwest corner of the Rena Rose Estate Property, and on the
North side of Denim Street, as shown on the map described above, and running
thence North 53 degrees 39 minutes West along the Northern margin of Denim
Street 25 feet to a point, corner with the "Master Meter Vault Lot 1,088 square
feet ", thence North 36 degrees 21 minutes East 34 feet along the Eastern margin
of the "Master Meter Vault Lot" to a point, corner with "Master Meter Vault
Lot "; thence South 53 degrees 39 minutes East 26.19 feet to a point in the line
of the Rena Rose Estate; thence South 28 degrees 21 minutes West 34.02 feet to
the point and place of BEGINNING and being referred to on said plat as
"Permanent Easement 870 square feet ".
(b) That certain tract known as the "Master Meter Vault Lot 1,088
square feet" located in Erwin, Harnett County, North Carolina on the North side
of Denim Street (formerly "G" Street and also known as State Road 1718), and
described on a plat surveyed in January of 1982 by Moore, Gardner $ Associates,
Inc. and recorded in Plat Cabinet 1, Page 287 of the Office of the Harnett Coun
Register of Deeds, to which reference is hereby made for a more perfect and
complete description. Said property is more particularly described as follows:
BEGINNING at a point on the North side of Denim Street North 53 degrees 39 minut
West 25 feet from a point located at the Southeast corner of the Franklin D.
Rose Property and the Southwest corner of the Rena Rose Estate Property, thence
along the margin of Denim Street North 53 degrees 39 minutes West 32 feet to a
point, thence North 36 degrees 21 minutes East 34 feet along the Western margin
of the "Permanent Easement 870 square feet" to the point and place of BEGINNING
and being referred to on said plat as the said "Master Meter Vault Lot 1,088
square feet."
2. The attorneys representing the County of Harnett are directed to
institute the necessary proceedings under Chapter 40A of the North Carolina
General Statutes to acquire the property herein described.
2 4
RESOLUTION CONDEMNING
WONDERTOWN PROPERTY
RESOLUTION RE:
FINAL. APPLICATION
AIRPORT EXPANSION
ADOPTED: This 15
h Day of August, 1983.
HARNETT COUNTY BOARD OF COMMISSIONERS
Y:
B
S/ Jesse Alphin, Chairman
8/ -Lloyd G. Stewart
/ Bill Shaw
S/ Rudy Collins
5/ •M. H. Brock
Commissioner Brock' moved for the adoption of the foregoing resolution; Commis-
sioner'Stewart seconded the motien and it carried with a unanimous vote.
Mr. Smith also presented the following Resolution Authorizing Condemnation to
acquire certain property of Margaret Rose, Kathleen R. Gardner, Phillimine
McCauley, and Carolina R. Penny:
WHEREAS, the governing body of the County of Harnett hereby determines
that it is necessary and in the public interest to acquire certain
property owned by Franklin D. Rose for the following public purpose:
To protect the public health, to provide the public with an adequate
and sound public water supply and distribution system, and to improve
such system to meet the need for expanded or upgraded services.
WHEREAS, the properi:afficials or representatives of the County of Harnett
have been unable to acquire the needed interest in this property by negotiated
conveyance.
NOW, THEREFORE, BE IT RESOLVED. BY THE GOVERNING BODY OF THE COUNTY OF
HARNETT, THAT
1. The county. of Harnett shall acquire by condemnation, 'for the purposes
stated above, the property and interest described as follows:
BEGINNING at a point located at the Southeast corner of. the Franklin D.
Rose Property and the Southwest corner of the Rena Rose Estate Property, and$
on the North side of Denim Street as: shown on the map described above, and
running thence with the line of the Franklin D. Rose Property North 38 degrees
20 minutes East 29.97 feet to a point; thence South 8 degrees 39 minutes
East 42,36 feet to a point in the northern margin of Denim Street; thence
North 53 degrees 39 minutes West 31 feet to the point and place of BEGINNING
and referred to on said map' as "Permanent EasSent 464 square feet ".
2. The attorneys representing the County of Harnett are directed to
institute the necessary proceedins under Chapter 40A; of the North Carolina's
General. Statutes to acquire the property herein described.'
ADOPTED: This. 15th Day of August, 1983:
Commissioner Brock _ moved for the
sioner Stewart seconded the motion
HARNETT COUNTY BOARD OF COMMISSIONERS
s/ Jesse Alphin
Chairman
s/ Lloyd G. Stewart
s/ M. H. Brock
s /- Bill'Shaw
S/ Rudy Collins
adoption of the foregoing resolution; Commis -
and it carried_.
Clenton Smith, Director of Planning and Development, reported on the bids
for the Airport Expansion project and presented for the Board's consideration
a resolution authorizing Jesse Alphin to execute Final Application to FAA reaf
garding the Airport project, Commissioner Collins -moved for the adoption of
the following resolution;` Commissioner Stewart seconded the motion and it
carried:
WHEREAS, the Board of Commissioners realizing the n
expansion and stub taxiway did submit a pre - application
to the Federal Aviation Administration (FAA); and
WHEREAS, the FAA''has approved a tentative allocation of federal monies
assist in the proposed improvements; and
eed for apron
for funding assistance
to
WHEREAS, the proposed project has been designed and bids have been taken;
NOW, THEREFORE, Be It Resolved that the Harnett County Board of Commis-
sioners authorizes the Chairman to submit an application for federal funds to
assist in construction of Project No. AIP- 3- 37- 0088 -03 having a total estimated
project cost of $117,681.
2 '75
RESOLUTION REGARDING
ACCEPTANCE OF LOW BIDS
ON AIRPORT EXPANSION
BUIE SUBDIVISION
PLAT
EXPENDITURE REPORT
BUIES CREEK -COATS
MEETING ADJOURNED TO
AUGUST 22, 1983
Clenton Smith, Director of Planning & Development, presented for
consideration a resolution authorizing acceptance of low bids on
airport project contingent upon approval of FAA application and availabil-
ity of funds. Following a discussion of this resolution, Commissioner
Brock moved that the following resolution be adopted; Commissioner Shaw
seconded the motion and it carried:
WHEREAS, the Board of Commissioners has advertised and received
bids on the apron expansion and stub taxiway (Project No. AIP -3 -37- 0088 -02)
; and
WHEREAS, the Board of Commissioners has requested funding assistance
of the Federal Aviation Administration (FAA) and State of North Carolina
Department of Transportation;
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners hereby
awards Schedule I $ II to:
Cumberland Paving Company in the amount of $78,701.50 and
awards Schedule III to: Frye Electric Company in the amount of
$9,229.40.
Said awards being subject to approval by the FAA and subject to
availability of federal funds.
Be It Further Resolved that the Chairman of the Board and Clerk to
the Board are authorized to execute contracts for construction of this
project."
Clenton Smith, Director of Planning & Development presented for the
Board's consideration, a subdivision plat of Buie Subdivision, Barbecue
Township, located off SR 1213. Commissioner Stewart moved the plat be
approved, Commissioner Shaw seconded the motion and it carried.
The expenditure report for the period ending July 29, 1983, was filed
with the Board.
Chairman Alphin stated that all items of business on the prepared agenda
had been concluded but that the Board needed to discuss and consider
action as the governing body for the Buies Creek -Coats Water and Sewer
District of Harnett County. After some discussion concerning the status
of the construction project and the sale of bonds anticipation notes,
the County Manager stated that the Board could not conclude the matter
at its present meeting.
There being a need for further discussion and action by the Harnett
County Board of Commissioners as governing body of the Buies Creek -Coats
Water and Sewer District of Harnett County, the regular meeting of
August 15, 1983, was duly adjourned at 9 p.m. until Monday, August
22, 1983, at 9:00 a.m. at the County Office Building, Commissioners Room,
Lillington, North Carolina.
al. an
Secretary,
r 276 `.
SPECIAL - MEETING OF THE HARNETT COUNTY BOARD OF COMMISSIONERS AUGUST 22, 1983
RESOLUTION
An adjourned .regular meeting of the Board. of Commissioners for the
County of- Harnett, - North, Carolina, the governing body of the Buies
Creek -Coats Water and Sewer District of- Harnett County, was held
at the County Office Building,. in Lillington, North Carolina, the
regular -place of meeting, at 9:00 a.m., on August 22, 1983.
Present: Chairman Jesse Alphin, presiding and Commiss
Collins, Bill Shaw and M. H. Brock,
oners Rudy
Absent: Lloyd Stewart
Commissioner Rudy Collins made a motion to -adopt the following
resolution.' Commissioner M. H. Brock seconded the motion and it
carried with a unanimous vote.
RESOLUTION
THAT WHEREAS, the Harnett County Board of Commissioners is the
governing board of the Buies Creek-Coats Water and Sewer District of
Harnett County;,, and
THAT WHEREAS, the.Buies Creek -Coats Water' and Sewer District of-
Harnett County has been properly organized pursuant to General Statute
162A -86 and has authority to construct a wastewater collection system
with said District, and
THAT WHEREAS, the voters of said District did on the 30th day of
April. 1982, overwhelmingly approve the issuance of "Order Authorizing
2,500,000. of Sanitary Sewer Bonds ", the vote of approval. of the issu ance
of said bonds being pursuant to a construction project involving the
construction of sewage and wastewater collection lines within the District;
and
THAT'. WHEREAS, the Harnett County Board of Commissioners, as govern-
ing board of said District did cause the engineering firm of Moore -
Gardner and Assiciates to be employed for the purpose of designing the
sanitary collection system for said•District and that pursuant to its
studies, Moore - Gardner and Associates has made report for a design of
said District system and that further the engineering design for the pro-
per gravity flow of. wastewater involves the location of pump stations, .
roadways, electrical lines, outfall and collection lines throughout the
District as is more fully shown upon a report by said engineering
company and that further the report shows that certain roadways, electri-
cal lines and the designed outfall and collection system crosses private
properties and that certain pump stations are located on private pro -
perties; and
THAT WHEREAS, the_District has accepted and adopted said design
report as the wastewater collection system project of the District to
be constructed; and
THAT WHEREAS, the District has not received 'bids from various con
tract bidders forthe construction of said project and that the available .
funds for' construction are sufficient to' construct the District's pro
ject; and
THAT WHEREAS, it is necessary for the District to obtain two pump
station, sites and easement rights -of -way across said private properties
of Campbell University,. Inc., said rights of way for pipe lines being
a 20 foot permanent easement within which to construct, and locate, use
and maintain outfall and/or wastewater collection lines and a 40 foot
construction easement, the centerline of said construction easement being
the identical line as the centerline of the 20 foot permanent easement
line; in addition to the pump station - sites', it is necessary to obtain
rights of way for roadways and overhead electrical lines to serve the
pump station sites and to install the outfall and /or collection lines
to said pump station sites together with such area as may be needed for
construction; and
THAT WHEREAS, it isnecessary for the District to obtain easement'
rights of way within certain streets in or near the Village of Buies
.'Creek, the fee title to said streets. being. in the. name "of Campbell
University, Inc. as developer of the subdivisions within which said
streets exist, or in the alternative certain streets An or near the
Village, of Buies Creek, along which Campbell University, Inc. owns lands,
all for the purpose of constructing, installing, using and maintaining
wastewater collection lines to' -serve improved; properties located along
said street and to otherwise serve the District's needs in the construc-
tion, use and maintenance of its wastewater - collection - system.
THAT WHEREAS, North Carolina General Statute 162A -89.1 grants unto
the District the power of eminent domain, to be exercised in accordance with
Article Nine of Chapter 136 of the General Statutes of North Carolina;
THAT WHEREAS, the District has been unable to agree with Campbell
University, Inc. as to the acquisition and the purchase price of the ease-
ment rights -of -way across said certain private properties hereinafter more
fully described and as a result thereof it becomes necessary for the District
to now exercise its right of eminent domain to obtain the necessary easement
rights -of -way for the purpose of constructing, installing, using and main-
taining the outfall and collection lines for said wastewater system for the
District; and
THAT WHEREAS, the District has been unable to agree as to the purchase
price and the acquisition of the two (2) necessary pump station sites to-
gether with rights -of -way thereto as discussed above and more fully herein-
after described and as a result thereof it becomes necessary for the District
to not exercise its right of eminent domain to obtain the pump station sites;
and
THAT WHEREAS, the District has been unable to agree as to the purchase
price and the acquisition of the needed easement rights of way within
certain streets in and near the Village of Buies Creek as above mentioned
and as more fully described hereinafter.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
FIRST: For the reasons cited aforesaid, the Harnett County Board of
Commissioners for and on behalf of the Buies Creek -Coats Water and Sewer
District of Harnett County now deems it necessary that the District exercise
its power of eminent domain as stated aforesaid and that civil actions be
filed in the superior Court of Harnett County for the purpose of taking
such lands, easements, or interest therein as necessary for the proper con-
struction and installation of the pump station and of the wastewater collec-
tion and outfall lines the roadways and overhead electrical lines for the
District's system to be built all as mentioned aforesaid.
SECOND: That fee simple title to twenty (20) foot wide permanent ease-
ment rights -of -way and forty (40) foot wide construction rights -of -way, the
center line of said construction rights -of -way being identical to the center-
line of said permanent rights -of -way or such portions of said rights of
way as are shown on the hereinafter referred to survey maps, over, upon and
across the following tracts and parcels of land of Campbell University, Inc.
are deemed needed as stated aforesaid and the areas of such tracts and par-
cels of lands, are to be condemned and appropriated for the public use of
constructing, installing, using and maintaining underground outfall and /or
collection lines and pipes for the flow of water and wastewater of the Buies
Creek -Coats Water and Sewer District of Harnett County, with necessary
manholes and other equipment as needed for said system, including the right
to clear and keep clear all trees, undergrowth and other obstructions
within said permanent easement and the right to clear trees, undergrowth and
other obstructions within the construction easement which easement shall
cease to exist after construction has been completed, and together with the
right of ingress and egress over and upon said permanent rights -of -way to
inspect, maintain, repair and replace lines and pipes and to do and perform
all matters and things the District shall be authorized by law to do within
said right -of -way; said rights -of -way and the lands upon which the same are
located being more fully described as follows, to wit:
Easement No. One: Being a 20 foot wide permanent easement
or right -of -way area extending wholly or partially over,
along and across the lands of the grantor, measuring twenty
(20) feet in width (ten (10) feet from the center line thereof)
for a distance of approximately 1206.68 feet (as determined
by a call along its center line); said easement or right -of-
way area as it or some portion thereof passes over and
across the lands of the grantor is more fully shown accord-
ing to a map of survey prepared by Ragsdale Consultants,
P.A.; dated the 10th day of February, 1983, recorded in
Plat Cabinet two (2), Slide 33. Harnett County Registry,
to which reference is hereby made and incorporated herein
as a part of this description, together with a construction
right -of -way measuring a total distance of forty (40) feet
in width and measuring twenty (20) feet from both sides of
the center line of the aforesaid twenty (20) foot wide
permanent easement and right of way area and extending in
distance the same length as the aforesaid permanent easement
and more fully shown on the aforesaid recorded map. (It is
8
understood and agreed that upon.;the completion of all
construction right -of -way shall cease to exist.)
The lands upon which the aforesaid easement crosses
were conveyed to grantor from Everett McNeill Kivette
and wife by deed dated January 2, 1982; and recorded
in Book 729, Page 770, Harnett County Registry.
Easement No Two Being .a 20 foot wide permanent
easement. or right -of -way area extending wholly or par -
tially -over, along and across the lands of the grantor,
measuring twenty (20) feet in width (ten (10) feet from
the center line thereof) for a distance of approxi-
mately 2408.52 feet (as determined by a call along
its center line); said easement or right -of -way area
as it or some portion thereof passes over and across
the lands of the grantor_is more fully shown according
to a map of survey prepared by Ragsdale Consultants,
P.A.;'dated the 1st day of March, 1983, recorded in
Plat Cabinet two (2), Slide 38, Harnett County Registry,
to which reference is hereby made and incorporated
herein as a part of this - description, together with a
construction right -of -way measuring a total distance
of forty (40) feet in width and measuring twenty (20)
feet from both sides of the center line of the afore -
said twenty (20) foot wide permanent easement and right
of-way area and extending in distance the same length
as the aforesaid permanent easement and more fully
shown on the aforesaid recorded map. (It is understood
and agreed that upon the completion of all construction,:
the 40 foot wide construction right -of -way shall cease
to exist.)
The lands upon which the aforesaid easement crosses
were conveyed to grantor in three (3) deeds, one deed
dated May 15, 1954, from Cornelia P. Campbell, Widow,
and recorded in Book -350, Page 325; one deed dated
October 30, 1968, from Martin Marietta'Corporation and
recorded in Book 512, Page 43, one deed dated November
9, 1956, from Cornelia P. Campbell and recorded in
Book 370, Page 405, Harnett County Registry, to which
Three (3) references are incorporated herein as a part,
of this description.
Easement No. Three: Being a.20.foot wide permanent
easement or. right -of -way area extending wholly or
partially over, along and across the lands of the
grantor, ;measuring ;:twenty -(20) feet in width (ten (10)
feet from the center line'. thereof) for a distance of
approximately 1049:54 feet (as determined by a call
along its center line); said easement or right of, way
area as it or some portion thereof passes over and across
the lands of the grantor is more fully shown according
to a map of survey prepared by Ragsdale Consultants,
P.A.; dated the 2nd day of March, 1983, recorded in
Plat Cabinet two .(2), Slide 39, Harnett County Registry,
to which reference is hereby made and incorporated
herein as a part .of this description, together with a
construction right -of -way measuring a total distance
of forty (40) feet in width and measuring twenty (20) feet
from both sides of the centerline of the aforesaid
twenty (20) foot wide permanent easement and right-of-
-way and extending in distance the same length as
the aforesaid permanent easement and more fully shown
on. the aforesaid reeorded map. (It is understood and
agreed that upon the completion of all Construction,
the 40 foot wide construction- right -of -way shall cease
to exist.)
The lands upon which the aforesaid easement crosses
were conveyed to grantor from L. H. Campbell et als by-
deed dated October 2, 1943, and recorded in Book -290,
Page 320, Harnett County Registry
Easement 'NO. Four:." Being a 20 foot wide permanent
easement. or' right -of -way area extending, wholly or par-
tially over, along and across the lands of the grantor,
measuring twenty (20) feet in width (ten (10) feet from
the center line thereof) for a distance of approximately
982.97 feet (as determined by a call along its center
line); said easement or right -of -way area as it or some
portion thereof passes over and across the lands of
the grantor is more fully shown according to a map of
survey prepared by Ragsdale Consultants, P.A.; dated the
14th day of February, 1983, recorded in Plat Cabinet two
(2), Slide 37, Harnett County Registry, to which reference
is hereby made and incorporated herein as a part of this
description, together with a construction right -of -way
measuring a total distance of forty (40) feet in width
and measuring twenty (20) feet from both sides of the
center line of the aforesaid twenty (20) foot wide per-
manent easement and right -of -way area and extending in
distance the same length as the aforesaid permanent
easement and more fully shown on the aforesaid recorded
map. (It is understood and agreed that upon the com-
pletion of all construction, the 40 foot wide construc-
tion right -of -way shall cease to exist.)
The lands upon which the aforesaid easement crosses
were conveyed to grantor from J. T. Lamm et als by deed
dated September 28, 1970, and recorded in Book 532,
Page 216, Harnett County Registry.
Easement No. Five: Being a 20 foot wide permanent easement
or right -of -way area extending wholly or partially over,
along and across the lands of the grantor, measuring
twenty (20) feet in width (ten (10) feet from the center
line thereof) for a distance of approximately 362.98
feet (as determined by a call along its center line);
said easement or right -of -way area as it or some portion
thereof passes over and across the lands of the grantor
is more fully shown according to a map of survey prepared
by Ragsdaly Consultants, P.A.; dated the llth day of
March, 1983, recorded in Plat Cabinet two (2), Slide 40,
Harnett County Registry, to which reference is hereby
made and incorporated herein as a part of this des-
cription, together with a construction right -of -way
measuring a total distance of forty (40) feet in width
and measuring twenty (20) feet from both sides of the
center line of the aforesaid twenty (20) foot wide
permanent easement and right -of -way area and extending
in distance the same length as the aforesaid permanent
easement and more fully shown on the aforesaid recorded
map. (It is understood and agreed that upon the com-
pletion of all construction, the 40 foot wide construc-
tion, the 40 foot wide construction right -of -way shall
cease to exist.)
The lands upon which the aforesaid easement crosses
were conveyed to grantor from Martin Marietta Corpora-
tion and recorded in Book 512, Page 43, Harnett County
Registry.
Easement No. Six: Being a 20 foot wide permanent ease-
ment or right -of -way area extending wholly or partially
over, along and across the lands of the grantor, measur-
ing twenty (20) feet in width (ten (10) feet from the
center line thereof) for a distance of approximately
205.16 feet (as determined by a call along its center
line); said easement or right -of -way area as it or some
portion thereof passes over and across the lands of
the grantor is more fully shown according to a map of
survey prepared by Ragsdale Consultants, P.A.; dated the
30th day of March, 1983, recorded in Plat Cabinet two (2)
Slide 45, Harnett County Registry, to which reference is
hereby made and incorporated herein as a part of this
description, together with a construction right -of -way
measuring a total distance of forty (40) feet in width
and measuring twenty (20) feet from both sides of the
center line of the aforesaid twenty (20) foot wide
permanent easement and right -of -way area and extending
in distance the same length as the aforesaid permanent
easement and more fully shown on the aforesaid recorded
map (it is understood and agreed that upon the comple-
tion of all construction, the 40 foot wide construction
right -of -way shall cease to exist.)
•
The lands upon which the aforesaid easement crosses
were conveyed to grantor in two (2) parcels, to wit:
one parcel by deed dated July 12, 1971, from Donald
L. Hight and recorded in Book 562, Page 190, (also
see deed dated April 8, 1971, from Cora E. Hight
et als.and recorded in Book 562, Page 189); the other
parcel by deed dated August 1, 1969, from Elizabeth
L. Howard, Widow and recorded in Book 519, Page 201,
Harnett County Registry.
THIRD: The fee simple title to those two (2) certain tracts or
parcels of land is deemed needed for pump stations as stated aforesaid
and that said tracts of land are to be condemned and appropriated
for the public use as aforesaid for the Buies Creek -Coats Water and
Sewer District of Harnett County, together with rights -of -way for road
ways and overhead electrical lines to serve said pump stations, said
areas more fully described as follows:
Tract No. 1:
All that certain lot or parcel of land situate at the
terminus point of Gregg Street in Parkwood Subdivision
in Buies Creek in Neills Creek Township, Harnett County,
North Carolina, and being shown as the site for Pump
Station No. 8 for the Buies Creek -Coats Water and Sewer
District of Harnett County as shown on that map of survey
dated March 14, 1983, prepared by Ragsdale Consultants,
P.A. and recorded in Plat Cabinet No. 2, Slide 49,
Harnett County Registry, and being incorporated herein
as apart of this description; said parcel of land is
more fully described by metes and bounds according to
said map of survey as follows:
BEGINNING at an existing concrete monument, being the
northeast corner of Lot No. 16 in Parkwood Subdivision
recorded in Map Book 9, Page 100, Harnett County Registry,
and runs thence North 68 degrees 26 minutes 35 seconds
West 40.20 feet to an iron pipe corner (said corner is
located North 36 degrees 01 minute 16 seconds West 3881.40
feet from NCGS Station Duchess, x = 2,078,297.88, y =
602,868.78); and runs thence North 21 degrees 33 minutes
25 seconds East 70.0 feet to an iron pipe corner; thence
South 68 degrees 26 minutes 35 seconds East 38.97 feet
to an iron pipe corner; thence in a southwest direction
a curved line along the western margin of a projected
extension of Gregg Street R = 150 feet, arc = 70.66 feet)
to the point of BEGINNING and being 0.0592 acres, more
or less.
The aforesaid property is a part of that tract conveyed
by deed dated December 18, 1981, from Marion L. Eakes
and wife to Campbell University, Inc. and recorded in
Book 728, Page 830, Harnett County Registry.
AND in addition to the above described tract, an easement
right -of -way from the terminus of Gregg Street to the
eastern side of said parcel of land for the purpose
of installing and using an underground sewer pipe line
the construction and use of a roadway and the installa-
tion and use of overhead electrical lines and wires
is to be condemned and appropriated for public use as
aforesaid which easement is more fully described as
follows:
BEGINNING at the existing concrete marker, the beginning
corner of the aforesaid parcel and runs thence South 68
degrees 26 minutes 35 seconds East 59.8 feet to an
existing concrete marker at the end of Gregg Street
right -of -way shown on Parkwood Subdivision Map; thence
in a northwest direction to the 4th corner of the above
described parcel; thence as the eastern line of the
aforesaid parcel to the BEGINNING.
Tract No. 2:
All that certain lot or parcel of land situate on the
South side of U.S. Highway TTo. 421, a short distance
west of the Village of Buies Creek in Neills Creek
1
Township, Harnett County, North Carolina, and being
shown as the site for Pump Station No. 9 for the Buies
Creek -Coats Water and Sewer District of Harnett County
as shown on that map of survey dated March 14, 1983,
prepared by Ragsdale Consultants, P.A. and recorded in
Plat Cabinet No. 2. Slide 49, Harnett County Registry
and being incorporated herein as a part of this des-
cription; said parcel of land is more fully described by
metes and bounds according to said map of survey as
follows:
BEGINNING at an iron pipe in the southern margin of the
right -of -way of U.S. Highway No. 421, said beginning
point is located South 75 degrees 10 minutes 38 seconds
East 1332.17 feet from the center line intersection of
Secondary Road No. 1513 with the center line of U.S.
Highway No. 421, said beginning point is a short distance
West of the West prong of Buies Creek and runs thence
as the right -of -way of said highway South 79 degrees
59 minutes 50 seconds EAst 50.02 feet to an iron pipe;
thence South 11 degrees 28 minutes 57 seconds West
42.99 feet to an iron pipe; thence North 78 degrees
31 minutes 03 seconds West 50.0 feet to an iron pipe;
thence North 11 degrees 28 minutes 57 seconds East
41.69 feet to the point of BEGINNING and being 0.0486
acres, more or less.
The aforesaid property is a part of the 2nd tract des-
cribed in that deed dated January 2, 1982, from Everett
McNeill Kivette and wife to Campbell University, Inc.
and recorded in Book 729, Page 770, Harnett County
Registry.
FOURTH: The fee simple title to easement rights of way within those
certain streets in and near the Village of Buies Creek and more fully des-
cribed as follows is deemed needed as stated aforesaid and are to be con-
demned and appropriated for the public use of constructing, installing,
using and maintaining underground outfall and /or collection lines and pipes
for the flow of water and wastewater of the Buies Creek -Coats Water and
Sewer District of Harnett County with necessary manholes and other equipment
as needed for said system, including the right to clear and keep clear all
trees, undergrowth and other obstructions within said street areas and
together with the right of ingress and egress over and upon said street
areas to inspect, maintain, repair and replace lines and pipes and to do
and perform all matters and things the District shall be authorized by
law to do within said street areas, said street areas being more fully
described as follows:
Street No. 1: That certain street designated as Powell Avenue in
Cornelia Campbell Heights Subdivision and measuring 60 feet in width and
more fully shown by that map of survey dated February, 1956 prepared by
C. W. Russum, R.L.S., and recorded in Book of Maps 7, Page 100, (a revised
map being recorded in Map Book 9, Page 95) Harnett County Registry, to which
references are incorporated herein as part of this description.
Street No. 2: That certain street designated as Burkot Road in Cornelia
Campbell Heights Subdivision, measuring 60 feet in width and more fully
shown and described on that map of survey dated February 1956, prepared by
C. W. Russum, R.L.S., and filed for record in Book of Maps 7, Page 100,
(a revised map being recorded in Map Book 9, Page 95) Harnett County Registry,
to which references are hereby made and incorporated herein as part of this
description (name of said street is shown on map recorded in Map Book 15,
Page 25, Harnett County Registry).
Street No. 3: That certain street designated as an unnamed street in
Cornelia Campbell Heights Subdivision and measuring 60 feet in width and lying
immediately East of lots 21 and 31 and extending South from Powell Avenue
to Burkot Road, and more fully shown upon that map of survey dated February
1956, 1961, prepared by C.W. Russum, R.L.S., and recorded in Book of Maps
9, Page 95, Harnett County Registry, to which reference is hereby made and
incorporated herein as a part of this description.
Street No. 4: That certain street designated as Lynch Avenue in Cornelia
Campbell Heights Subdivision, Section II, and measuring 60 feet in width
and more fully described on that certain map of survey dated January 12,
1970, prepared by Piedmont Engineering Co., Dunn, N. C., and recorded in
Book of Maps 15, Page 25, Harnett County Registry.
r282
Street.No, 5: - That certain street designated as McKay Street in
Parkwood Subdivision, measuring 60 feet in width and extending such dis
tancesasareshown on- that subdivision map of "Parkwood" dated April 25,
1961, prepared by H. T. Turlington, Surveyor, and recorded in Map Book
9, Page 100, Harnett County Registry, to which reference is incorporated
herein as a part of this description (provided that said street extends
from its intersection with Secondary Road No 1573 in a westerly direction
as shown on said recorded map)
Street No. 6:: That certain street designated as Gregg Street in
Parkwood Subdivision, measuring 60 feet in width and extending such dis-
tances as are shown on that subdivision map of "Parkwood" dated April 25,
1961, prepared by H. T. Turlington, Surveyor, and recorded in Map Book
9, Page 100, Harnett County. Registry, to which reference is incorporated .
herein as a part of this description.
Street No. 7: That certain street designated as Wiggins Street in
Parkwood Subdivision, measuring 6Q feet in width and extending such dis -
tances as are shown on that subdivision map of "Parkwood" dated April -25,.
1961, prepared by H. T. Turlington, Surveyor, and recorded in Map Book
9, Page 100, Harnett County Registry, to which reference is incorporated
herein as a part of this description.
Street No 8: All that-certain street right-of-way known as McCall..
`.'Street, measuring 60 feet in width and extending South from North Carolina
Highway No. 27 (now known as S.R. No'. 1006) as shown on that Map of Survey
of College Acres Subdivision prepared by C. W. Russum, R.L.5., dated
November` 1961 - October 1962 and recorded in Map Book 10, Page 79, Harnett
County Registry to which reference is incorporated herein as a part of
this description.
FIFTH:` That the Chairman of the Harnett County Commissioners
or in the alternative, E Marshall Woodall, Attorney, for and on
behalf of the Buies Creek-Coats Water and Sewer District of Harnett .
County be and they or either of them, are hereby authorized to exe
cute declarations of taking - as required by- N.C.G.S. 136 -103 for each
and every parcel of property as herein mentioned; that further E.
Marshall Woodall, Attorney for Buies Creek -Coats Water and Sewer
District of Harnett County is hereby: authorized and directed to im-
mediately file actions in the Harnett County Superior Court for the
purpose of condemning and appropriating the aforesaid lands; and
that further the officials of Harnett County are hereby authorized
to do all things and matters necessary to obtain the aforesaid
needed lands and interest therein.
Duly adopted this 22nd day of August, 1983.
Attest:
s /Vanessa W, Young
Vanessa Young, Clerk.
Harnett County Board of County
Commissioners
RESOLUTION PROVIDING Commissioner Rudy, Collins
FOR THE ISSUANCE OF which was read:
BOND ANTICIPATION
NOTES
s%Jesse Alphin
Jesse Alphin, Chairman
Harnett County Board of
Commissioners
introduced the following resolution
RESOLUTION PROVIDING FOR THE ISSUANCE OF $1,843,000
-
- .SANITARYSEWER BOND ANTICIPATION NOTES
BE IT RESOLVED by the Board of Commissioners for
acting as the governing body 0± the Butes Creek-Coats
of Harnett County:^
the County of Harnett,
Water and Sewer District
Section 1. The Board has, determined and does hereby find and declare:
(a) That an order authorizing $2,500,000 Sanitary Sewer Bonds was adoptec
by the Board on March 15, 1982, which order was approved by the vote of a-
majority of the qualified voters of said District who voted thereon at a
referendum duly called and held on April 30, 1982.
(b) That none of-said bonds-has been issued, that no notes have been
issued in anticipation of the receipt of the proceeds of sale of a like amount
of said bonds, and that it is necessary to issue $1,843,000 notes at this time
in anticipation of the receipt of the proceeds of sale of a like amount of
said bonds.
ti8ei
Section 2. In anticipation of the receipt of the proceedsof a like
amount of said bonds, the issuance of $1,843,000 negotiable notes of the
Buies Creek -Coats Water and Sewer District of Harnett County is hereby
authorized, which notes shall be designated "Sanitary Sewer Bond Anticipation
Notes ", shall be dated September 13, 1983, shall mature on March 14, 1984,
without option of prior payment, and shall bear interest at a rate to be
determined by the Local Government Commission at the time said notes are
sold, which interest shall be payable at the maturity of the notes to which
no interest coupons shall be attached. Said notes shall be payable as to
both principal and interest at such bank or trust company and shall have
such denomination or denominations and bear such number or numbers as may
be fixed by the Chairman of the Board of Commissioners after the award of
said notes by the Local Government Commission, and both the principal of
and the interest on said notes shall be payable in any coin or currency of
the United States of America which at the time of payment is legal tender
for the payment of public and private debts.
Section 3. Said notes shall be signed by the Chairman of the Board of
Commissioners and the County Finance Officer and ex officio Clerk to said
Board and the official seal of the District shall be impressed on the notes.
The form of said notes and the endorsements to be placed upon said notes
shall be substantially as follows:
No.
United States of America
State of North Carolina
County of Harnett
BUIES CREEK -COATS WATER AND SEWER DISTRICT
OF HARNETT COUNTY
Sanitary Sewer Bond Anticipation Note
The Buies Creek -Coats Water and Sewer District of Harnett County, North
Carolina, is justly indebted and for value received hereby promises to pay
to the bearer on the 14th day of March, 1984, the principal sum of
Thousand Dollars
and to pay interest thereon from the date hereof at the rate of per
centum ( %) per annum, payable upon the presentation and surrender of this
note at its maturity. Both the principal of and the interest on this note
are payable at , in
in any coin or currency of the United States of America which at the time of
payment is legal tender for the payment of public and private debts. For
the prompt payment hereof, both principal and interest as the same become
due, the full faith and credit of said District are hereby irrevocably pledged.
This note is given for money borrowed in the amount of the fact of
this note in anticipation of the receipt of the proceeds of a like amount of
Sanitary Sewer Bonds duly authorized by an order adopted by the Board of
Commissioners for said County, acting as the governing body of said District,
on March 15, 1982, which order was approved by the vote of a majority of the
qualified voters of said District who voted thereon at a referendum duly
called and held on April 30, 1982, and this note is issued pursuant to and
in full compliance with The Local Government Bond Act, as amended, Article 9,
as amended, of Chapter 159 of the General Statutes of North Carolina, and a
resolution duly passed by the Board of Commissioners for said County.
It is hereby certified and recited that all acts, conditions, and things
required by the Constitution and laws of North Carolina to happen, exist,
and be performed precedent to and in the issuance of this note have happened,
exist and have been performed in regular and due form and time as so required,
and that the total indebtedness of said District, including this note, does
not exceed any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, said Buies Creek -Coats Water and Sewer District of
Harnett County, pursuant to resolution of the Board of Commissioners for said
County, has caused this note to be signed by the Chairman of said Board and
the County Finance Officer and ex officio Clerk to said Board and the official
seal of the District to be impressed hereon, all as of the 13th day of
September, 1983.
s /Jesse Alphin
Chairman of the Board of Commissioners
s /Vanessa W. Young
County Finance Officer and ex officio
Clerk to the Board of Commissioners
284
ACTION
(To be endorsed upon reverse of notes)
Local Government Commission
Serial No. ........
The issuance of this note has been approved under the provisions
of The Local_ Government Bond Act of North Carolina.
JOHN D.- FOUST
Secretary, Local Government'Commission
By: .(Manual Signature).
Designated Assistant
Section 4. The action of the County Finance Officer in applying to
the Local Government Commission for the approval, advertisement and sale
- of said notes and the action of the Local Government. Commission in
publishing a notice relating to the sale of said notes are hereby ratified
and confirmed.- The Local Government Commission is hereby requested to
ask for for said notes also by printing and distributing circulars
relating to the sale of said
Section 5. This resolution shall take effect upon its passage.
Thereupon Commissioner Rudy Collins moved the passage of the
foregoing resolution entitled:, "RESOLUTION - PROVIDING FOR THE ISSUANCE_
OF $1,843,000 SANITARY SEWER BOND ANTICIPATION NOTES ", and Commissioner
Bill Shaw seconded the motion and the resolution was passed by the
following vote:
Ayes: Commissioners Rudy Collins, Bill Shaw, Jesse Alphin, and
M. H. Brock.
Noes: None
WOODALL'AUTHORIZED TO
PROCEED WITH AGREEMENT Commissioner Shaw moved that in the event that Campbell Univer-
sity, Inc. desires to proceed with the contract arrangement
heretofore approved by the Harnett County Board of Commissioner
at its-August 10, 1983, special, meeting then E. Marshall Woodall
Attorney for Buies Creek- Coats Water & Sewer District, is
authorized to proceed with said agreement and specifically
authorized to deliver the deed of easement from the County of
Harnett to Campbell University,' Inc., and not proceed with
the condemnation proceedings hereby authorized. Commissioner
Collins seconded and it passed.
ADJOURNMENT There being no further business the meeting was duly adjourned
at 9:35 a.m.
retar3
t i
airman
-Clerk