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05041981HARNETT COUNTY BOARD OF COMMISSIONERS, May 4, 1981 CALL TO ORDER PRAYER MINUTES APPROVED BOB ETHERIDGE FOX LAWS CABLEVISION ACTION The Harnett County Board of Commissioners met in regular ses- sion on Monday, May 4, 1981, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: Lloyd G. Stewart, M. H. Brock, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding. Vanessa G. Young, Assistant Clerk to the Board, and Edward H. McCormick, County Attorney, were also present. Chairman Jesse Alphin called the meeting to order at 9:20 a.m. Representative Bob Etheridge led the morning prayer. The minutes from the Harnett County Board of Commissioners meet- ing of April 21, 1981, were approved as read. Bob Etheridge, Representative with the North Carolina House, appeared before the Board and discussed legislative matters. Mr. David Hall, a member of the North Carolina Wildlife federation, appeared before the Board and reiterated his request, as presented to the Board at its meeting of April 21, 1981, that the Commissioners adopt a resolution recommending to the Harnett County Legislature Delegation of the 1981 North Carolina General Assembly that the fox is to be managed by the North Carolina Wildlife Resources Commission in pursuant to G. S. 113 -291.4 and that legislation be enacted to enable the North Carolina Wildlife Resources to manage the fox in accordance with sound biological principles. Mr. Hall explained to the Board that it was too late to introduce any new bills but House Bill 713 has already been passed by the House and intro- duced to the Senate pertaining to the regulation of fox harvest- ing in Wake County. Mr. Hall continued to explain that this bill could be amended to include Harnett County. Chairman Jesse Alphin thanked Mr. Hall for his interest in the fox laws and asked Representative Bob Etheridge if he would like to comment. Mr. Etheridge stated that at this time, the General Assembly has not passed any new bills concerning the harvesting of the fox. Mr. Etheridge continued to say that the Wildlife Commission is basically self- sustaining, but they are running short of funding and would probably have to request additional state money for its operation. He explained that before the Wildlife Commission could manage the fox in a county, it would have to do a study which would cost approximately $5,000 to $7,000 per county. Mr. Etheridge stated that he did not think the Wildlife Commis- sion would have the extra funds needed to conduct a study of this type; therefore, requiring money from the General Asssembly to do the study. The Board thanked Mr. Etheridge for coming before the Board and informing them on current legislature and also for his comments pertaining to the harvesting of the fox. Don Dupree, District Engineer with the North Carolina Department of Transportation, appeared before the Board to discuss road matters and situations in Harnett County. At the Harnett County Board of Commissioners meeting of April 21 1981, Glenn Johnson appeared before the Board and presented a proposal for Future Cablevision of North Carolina, Inc., to provide cable television services to certain sections of Harnett County. At that meeting, the Board appointed a committee con- sisting of the Commissioners and representatives from each of the municipalities to study this proposal. The Committee met on Friday, May 1, 1981, to review the proposal, and Mr. Dallas Pope was designated by the Committee to report is recommendation back to the Board. Mr. Dallas Pope appeared before the Board and informed the Commissioners that the Committee had several questions concerning the proposal from Future Cablevision and requested that the Committee be allowed 30 to 45 days to conduct a thorough evaluation of the proposal and then report its recommendation back to the Board. Commissioner Collins made a motion that the Board accent the committee's recommendation and allow them 30 to 45 days to make a comprehensive study of the proposal. Commissioner Shaw seconded the motion and it carried. Commissioner Brock made a motion that at the next meeting of the cablevision committee that it be and it is hereby authorized to reorganize itself to include fewer members. Commissioner Collins seconded the motion and it carried. 560 PROCLAMATION OF OLDER AMERICANS WEEK ACTION May Marshbanks, Director of the Council on Aging appeared before the Board and presented the following proclamation for the Board's Consideration: WHEREAS, the month of May has been designated a special time for focusing attention on the importance of older adults and their needs; and WHEREAS, we are keenly cognizant of and deeply appreciative for the contributions older adults have made and are now making to our county; and WHEREAS, the welfare and happiness of our older adults are influenced by our actions and policies; NOW, THEREFORE, we, the Harnett County Board of Commissioners, do hereby proclaim the week of May 17 through May 23, 1981, OLDER AMERICANS WEEK IN HARNETT COUNTY and commend this observance to all our citizens. DONE THIS FOURTH DAY OF MAY, NINETEEN HUNDRED AND EIGHTY -ONE Commissioner Collins made a motion that the Board adopt the foregoing proclamation; Commissioner Stewart seconded the motion and it carried. CONDEMNATION PERTAIN- The following resolution was introduced by Commissioner Brock ING TO AIRPORT and after the resolution was read, Commissioner Collins moved its passage; this motion was duly seconded by Commissioner: Shaw. A PRELIMINARY CONDEMNATION RESOLUTION FOR ACQUISITION OF A TRACT OF LAND TO BE USED FOR AIRPORT PURPOSES THAT WHEREAS, Article 15, Chapter 153A of the General Statutes of North Carolina defines an airport as a public enterprise and authorizes counties to acquire, lease as lessor or lessee, construct, establish, enlarge, improve, extend, maintain, own, operate, and contract for the operation of public enterprises in order to furnish services to the County and its citizens; and WHEREAS, the County has been unable to acquire an avigation easement over a certain 3.01 acre tract of land described in this resolution by negotiation from the owner of the tract; and WHEREAS, funds are available from federal and state sources for land acquisition if the County proceeds forthwith to acquire said property; and WHEREAS, the County of Harnett has authority to acquire said property by eminent domain pursuant to Article 8, Chapter 153A, of the General Statute of North Carolina and specifically has authority to use condemnation procedures for cities as set forth in Article 11, Chapter 160A of the General Statutes of North Carolina; and WHEREAS, Article 11, Chapter 160A requires that condemnation procedures be initiated by preliminary condemnation resolution; NOW, THEREFORE, the Board of Commissioners of the County of Harnett resolves: Section 1: A description of the tract or parcel of land in which property rights are to be acquired is as follows: Beginning at a corner marked by an existing concrete monument, said corner being the southeastern most corner of the 1.73 acre tract of land conveyed by Florence Ryals to the County of Harnett by deed dated May 10, 1979, and recorded in Book 689, Page 107, Harnett County Registry (see Map Book 23, Page 53, Harnett County Registry).; and runs thence, South 42 degrees 50 minutes East 260.19 feet to a corner marked by an existing concrete monument, one of the corners of the 28.3 acre tract of which this is a portion; thence a new line North 45. degrees 00 minutes East 510.00 feet to a new corner; thence North 45 degrees 00 minutes West 260.00 feet to a new corner, a point in the line of said 1.73 acre County of Harnett tract; thence along a line of said 1.73 acre tract South 45 degrees 00 minutes West 500.16 feet to the Beginning and being 3.01 acres, more or less. 564 Section 2: The nature of the right title or interest to be acquired is an avigation easement above said tract to include the airspace above said tract which can be described as follows: The area of airspace above the airport transition surface which area lies within Tract 6 as shown on a map recorded in Plat Cabinet 1 at Slide 205, said transitional surface above Tract 6 being an inclined plane shown on Exhibit "A" attached hereto with a slope of 7:1, i.e., one foot of elevation for each seven feet of horizontal distance perpendicular to the runway centerline located directly above the transition area beginning along the western boundary of Tract 6 defined by line A -B on Exhibit "A" with elevations of 216.5 feet (mean sea level) at point A, and 217.8 feet (mean sea level) at point B; thence projecting upwardly and outwardly on the aforementioned 7:1 inclined plane to the eastern boundary of Tract 6 defined by line D -C with elevations of 253.7 feet (mean sea level) at point D and 255.0 feet (mean sea level) at point C, with intermediate limiting elevations indicated by transitional contours, all as shown on Exhibit "A ". Said avigation easement shall include for the County, its successors, assigns, for the use and benefit of the general public a right of flight for the passage of aircraft in the afore described airspace above the tract of land described in Section 1 above together with the right to cause in said airspace such noise, vibrations, fumes, dust, fuel particles and other effects as may be inherent in the operation of aircraft using said airspace for landing or taking off from or operating at the Harnett County Airport. Additionally, said avigation easement shall include a continuing right and easement to take any action necessary to prevent the erection or growth of any structure, tree, or other object into the airspace afore described over the tract of land described in Section 1 hereof and to remove from such airspace or mark or light as obstructions to air navigation, any and all structures, trees or other objects that may extend into said airspace, together with the right of ingress and egress to, egress from and passage over the afore described lands of grantor for such purpose. Said easement to continue until the Harnett County Airport shall be abandoned and shall cease to be used for public airport purposes. Specifically this easement shall be free of any outstanding rights to mine subsurface minerals which might cause penetration of the airspace and deeds of trust securing loans by the owner or her predecessors. Section 3: This property is being acquired by the County and will be used in operation of an airport. Section 4: The owners will be permitted to remove all buildings, structures, permanent improvements, or fixtures which currently penetrat the airspace described. Section 5: The name and address of the owner of the property is as follows: Mrs. Florence Ryals 504 East Cleveland St. Dunn, North Carolina 28334 Section 6: The composition, method of selection, time and place of first meeting, and general duties of the Board of Appraisers are as follows: (a) The property right described in this Preliminary Condemnation Resolution shall be appraised by a Board of Appraisers composed of three (3) persons who shall each be a free - holder of the County, and each of whom shall have no right, title, or interest in or to the property above described and who shall not be related by blood or marriage to any of the owners and who is not an officer, employee or agent of the County and who shall be disinterested in the rights of the parties in every way. (b) One appraiser (hereinafter named in Section 7 of this Resolution) shall be selected by the County, one shall be appointed by the owner and one shall be appointed jointly by the other two appraisers. (For purposes of appointing an appraiser, when there is a deed of trust, the trustee rather than the grantor or third party beneficiary shall be considered the owner and shall make the owner's designation of the appraiser.) Either the County or the Owners may reject an appraiser appointed by the other or by the County and owner's appraiser if the person so appointed is not disinterested. Notice of rejection of any appraiser shall be given within forty -eight (48) hours of his appointment or else the right to object shall be deemed to have been waived. The owner's appraiser shall be appointed and his name reported to the Clerk of the County of Harnett within fifteen (15) days after service of this resolution has been made on all the owners. If the owner fails to appoint 2 ZONDEMNATION RESOLUTION REGARDING kIRPORT an appraiser within the time allowed, or if the owner's appraiser and the County's appraiser fail to agree on the appointment of a third appraiser, the County may apply to the Clerk of Superior Court of Harnett County, North Caro - lina, for appointment of either an appraiser to represent the owners or the third appraiser, as may be appropriate. The method of selection of the Board of Appraisers is provided for in North Carolina General Statutes 160A -248. (c) The first meeting of the Board of Appraisers shall be at the site of the property being condemned at 10 O'C1ock A.M., on the 2nd day of June, 1981. (d) The duties of the Board of Appriasers shall be to meet at or near the site of the property being condemned at the time fixed by Paragraph 6(c) of the Preliminary Condemnation Resolution, and the Board of Appraisers shall view the property to be acquired, and shall thereafter hear any evidence presented by the owners or the County as to the damages and benefits that will result from the proposed condemnation. The evidence need not be reduced to writing unless one of the parties demands a hearing on the record. .The Board of Appraisers shall determine the compensation to be paid to the owners by the County for its acquisition of the property, taking into consideration both the loss or damage that will result to the owners from the acquisition and any benefits that will inure to any remainder of the property from the improvement or project for which the property is being condemned. After the Board has determined damages and benefits, it, shall make.,its report to the Board of Commissioners of Harnett County; the said report shall be made within thirty (30) days of the Board's appointment, unless the Board of Commissioners of Harnett County allows a longer time. Such report shall show separately the amount of the damages, the amount of benefits, and the amount of compensation to be paid to the owners. The report shall be sufficient if it is concurred in by two (2) of the three(3) appraisers. The meetings of the Board of Appraisers shall be as provded in North Carolina General Statutes 160A -249, and the report of the Board of Appraisers shall be made as provided by North Carolina General Statutes 160A -250. Section 7: Bobby Wicker is hereby appointed by the Board of Commissioners of the County of Harnett as a member of the Board of Appraisers. The foregoing resolution having been submitted to a vote received the following vote and was duly adopted this the 4th day of May, 1981. AYES: 5 NOES: 0 ABSENT OR EXCUSED: 0 The following resolution was introduced by Commissioner Brock and after the resolution was read, Commissioner Collins moved its passage; this motion was duly seconded by Commissioner Shaw. A PRELIMINARY CONDEMNATION RESOLUTION FOR ACQUISITION OF A TRACT OF LAND TO BE USED FOR AIRPORT PURPOSES THAT WHEREAS, Article 15, Chapter 153A of the General Statutes of North Carolina defines an airport as a public enterprise and authorizes counties to acquire, lease as lessor or lessee, construct, establish, enlarge, improve, extend, maintain, own, operate, and contract for the operation of public enterprises in order to furnish services to the County and its citizens; and WHEREAS, the County has been unable to acquire an avigation easement over a certain 5.19 acre tract of land described in this resolution by negotiation from the owner of the tract; and WHEREAS, funds are available from federal and state sources for land acquisition if the County proceeds forthwith to acquire said property; and WHEREAS, the County of Harnett has authority to acquire said property by eminent domain pursuant to Article 8, Chapter 153A of the General Statutes of North Carolina and specifically has authority to use condemnation procedures for cities as set forth in Article 11, Chapter 160A of the General Statutes of North Carolina; and WHEREAS, Article 11, Chapter 160A required that condemnation procedures by initiated by this preliminary condemnation resolution; NOW, THEREFORE, the Board of Commissioners of the County of Harnett resolves: Section 1: A description of the tract or parcel of land in which property rights are to be acquired is as follows: Beginning at a corner with lands of R. D, Lee and Richard Sorrell in the center of S. R. No. 1769, said corner marked by an existing iron and being the Southwestermost corner of the 27.7 acre tract (Book 315, Page 379) of which this 5.19 acres is a portion; and runs thence with ,(or near) the center of S. R. No. 1769, and with a line of the Harnett County Airport property, North 4 degrees 21 minutes East 752.54 feet to a corner with said Harnett County Airport property and with Lee and Sorrell property, said corner marked by an existing iron; thence a new line South 45 degrees 00 minutes East 620.00 feet to a corner; thence South 35 degrees 04 minutes West 433.76 feet to a new corner in the line of Lee and Sorrell lands; thence North 80 degrees 05 minutes West 250.0 feet with Lee and Sorrell property to the beginning and being 5.19 acres, more or less. Section 2: The nature of the right title or interest to be acquired is an avigation easement above said tract to include the airspace above said tract which can be described as follows: The area of airspace above the approach surface of the northeast end of the northeast - southwest runway (which area is shown as Tract 4 on a map recorded in the Harnett County Registry in Plat Cabinet 1 at Slide 205), said approach surface above Tract 4 being an inclined plane (defined by ABDC on Exhibit "A" attached hereto) with a slope of 20:1, i.e., rising one foot of elevation for each twenty feet of horizontal distance, located directly above the approach area, and which inclined plane has an elevation of 198.0 feet (mean sea level), at its inner and lower edge along line A -B as shown on Exhibit "A" and an elevation of 448.0 feet (mean sea level), at its outer and upper edge along line C -D with intermediate limiting elevations indicated by approach contours, all as shown on said Exhibit "A "; and FURTHER the area of airspace above the transition surface above said Tract 4 (which areas is also shown on attached Exhibit "A "), said transitional surface being an inclined plane with a slope of 7:1, i.e., one foot of elevation for each seven feet of horizontal distance perpendicular to the extended runway centerline located directly above the transition area beginning at the boundary line of the approach surface (defined by line J -K on Exhibit "A "), which inclined plane has an elevation of 232.0 feet (mean sea level), at point J and rises with the approach surface to an elevation of 255.7 feet (mean sea level) at point F, thence projects outwardly from line J -F in a southeasterly direction, perpendicular to the extended runway centerline, and upwardly on the aforementioned 7:1 inclined plane to an elevation of 240.7 feet (mean sea level) at the most southern corner of Tract 4 (point I), to an elevation of 274.6 feet (mean sea level) at the most easterly corner of Tract 4 (point H), and to a maximum elevation of 278.4 feet (mean sea level) at the most northeastern corner of Tract 4 (point G), with intermediate limiting elevations indicated by transitional contours, all shown on said Exhibit "A ". Said avigation easement shall include for the County, its successors, assigns, for the use and benefit of the general public a right of flight for the passage of aircraft in the afore described airspace above the tract of land described in Section 1 above together with the right to cause in said airspace such noise, vibrations, fumes, dust fuel particles and other effects as may be inherent in the operation of aircraft using said airspace for landing or taking off from or operating at the Harnett County Airport. Additionally, said avigation easement shall include a continuing right and easement to take any action necessary to prevent the erection or growth of any structure, tree, or other object into the airspace afore described over the tract of land described in Section 1 hereof and to remove from such airspace or mark or light as obstructions to air navigation, any and all structures, trees or other objects that may extend into said airspace, together with the right of ingress and egress to, egress from and passage over the afore described lands of grantor for such purpose. Said ease- ment to continue until the Harnett County Airport shall be abandoned and shall cease to be used for public airport purposes. Specificaaly this easement shall be free of any outstanding rights to mine subsurface minerals which might cause penetration of the airspace and deeds of trust securing loans to the owner or her predecessors. Section 3. This property is being acquired by the County and will be used in operation of an airport. Section 4. The owners will be permitted to remove all buildings, structures, permanent improvements, or fixtures which currently penetrate the airspace described. Section 5. The name and address of the owner of the property is as follows: Mrs. Mamie M. Stewart Route 1 Coats, North Carolin 27521 Section 6. The composition, method of selection, time and place of first meeting, and general duties of the Board of Appraisers are as follows: (a) The property right described in this Preliminary Condemnation Resolution shall be appraised by a Board of Appraisers composed of three (3) persons who shall each be a free - holder of the County, and each of whom shall have no right, title, or interest in or to the property above described and who shall not be related by blood or marriage to any of the owners and who is not an officer, employee or agent of the County and who shall be disinterested in the rights of the parties in every way. 564 CONDEMNATION RESOLUTION PER- TAINING TO THE AIRPORT (b) One appraiser (hereinafter named in Section 7 of this Resolution) shall be selected by the County, one shall be appointed by the owners and one shall be appointed jointly by the other two appraisers. (For purposes of appointing an appraiser, when there is a deed of trust, the trustee rather than the grantor or third party beneficiary shall be considered the owner and shall make the owner's designation of the appraiser.) Either the County or the Owners may reject an appraiser appointed by the other or by the County and owner's appraiser if the person so appointed is not disinterested. Notice of rejection of any appraiser shall be given within forty -eight (48) hours of his appointment or else the right to object shall be deemed to have been waived. The owner's appraiser shall be appointed and his name reported to the Clerk of the County of Harnett within fifteen (15) days after service of this resolution has been made on all the owners. If the owner fails to appoint an appraiser within the time allowed, or if the owner's appraiser and the County's appraiser fail to agree on the appointment of a third appraiser; the County may apply to the Clerk of Superior Court. of Harnett County, North Carolina, for appointment of either an appraiser to represent the owners-or the third appraiser, as may be appropriate. The method of selection of the Board of Appriasers is provided for in North Carolina General Statutes 160A -248. (c) The first meeting of the Board of Appraisers shall be at the site of the property being condemned at 11 O'Clock A.M., on the Second Day of June, 1981 (d) The duties of the Board of Appraisers shall be to meet at or near the site of the property being condemned at the time fixed by Paragraph 6(c) of the Preliminary Condemnation Resolution, and the Board of Appraisers shall view the property to be acquired, and shall thereafter hear any evidence presented by the owners or the County as to the damages and benefits that will result from the proposed condemnation. The evidence need not be reduced to writing unless one of the parties demands a hearing on the record. The Board of Appraisers shall determine the compensation to be paid to the owners by the County for its acquisition of the property, taking into consideration both the loss or damage that will result to the owners from the acquisition and any benefits that will inure to any remainder of the property from the improvement or project for, which the property is being condemned. After the Board has determined damages and benefits, it shall make its report to the Board of Commissioners of Harnett County; the said report shall be made within thirty (30) days of the Board's appointment, unless the Board of Commissioners of Harnett County allows a longer time. Such report shall show separately the amount of the damages, the amount of benefits, and the amount of compensation to be paid to the owners. The report shall be sufficient if it is concurred in by two (2) of the three (3) appraisers. The meetings of the Board of Appraisers shall be as provided in the North Carolina General Statutes 160A -249, and the report of the Board of Appraisers shall be made as provided by North Carolina General Statutes 160A -250. Section 7. Bobby Wicker is hereby appointed by the Board of Commissioners of the County of Harnett as a member of the Board of Appraisers. The foregoing resolution having been submitted to a vote received the following vote and was duly adopted this the 4th day of May, 1981. AYES: 5 NOES: 0 ABSENT OR EXCUSED: 0 The following resolution was introduced by Commissioner Brock and after the resolution was read, Commissioner Collins moved its passage; this motion was duly seconded by Commissioner Shaw, A PRELIMINARY CONDEMNATION RESOLUTION FOR ACQUISITION OF A TRACT OF LAND TO BE USED FOR AIRPORT PURPOSES THAT WHEREAS, Article 15, Chapter 153A of the General Statutes of North Carolina defines an airport as a public enterprise and authorizes counties to acquire, lease as lessor or lessee, construct, establish; enlarge, improve, extend, maintain, own, operate, and contract for the operation of publice enterprises in order to furnish services to the County and its citizens; and WHEREAS, the County has been unable to acquire an avigation easement over a certain 15.45 acre tract of land described in this resolution by negotiation from the owner of the tract; and WHEREAS, funds are available from federal and state sources for land acquisition if the County proceeds forthwith to acquire said property; and WHEREAS, the County of Harnett has authority to acquire said property by eminent domain pursuant to Article 8, Chapter 153A of the General Statutes of North Carolina and specifically has authority to use condemnation procedures for cities as set forth in Article 11, Chapter 160A of the General Statutes of North Carolina; and WHEREAS, Articel 11, Chapter 160A requires that condemnation procedures be initiated by this preliminary condemnation resolution; NOW, THEREFORE, the Board of Commissioners of the County of Harnett resolves: Section 1: A description of the tract or parcel of land in which property rights are to be acquired is as follows: Beginning at a corner in the center of S. R. No. 1769, said corner marked by an existing iron and being the southwestern- most corner of the J. Hiram Stewart property described in Book 315, Page 379 and a point in the line of the 34.65 acre County of Harnett Airport Tract 1 (see Map Book 23, Page 53); thence as the center of said S. R. No. 1769 South 4 degrees 21 minutes West 47.32 feet to another corner of said 34.65 acre Airport Tract, said corner marked by an existing iron; thence along the line of said 34.65 Tract South 45 degrees, 00 minutes West 1486.04 feet to a new corner; thence a new line South 45 degrees 00 minutes East 490.0 feet to a new corner; thence a new line North 45 degrees 00 minutes East 951.54 feet to a new corner in the center of S. R. no. 1769; thence a new line North 15 degrees 52 minutes East 572.78 feet to another new corner; thence a new line North 35 degrees 04 minutes East 217.0 feet to a corner in the line of J. Hiram Stewart (Book 315, Page 379); thence with a line of said J. Hiram Stewart North 80 degrees 05 minutes West 250.0 feet to the point of beginning and being 15.45 acres, more or less. Section 2: The nature of the right title or interest to be acquired is an avigation easement above said tract to include the airspace above said tract which can be described as follows: An area of airspace above that tract of land shown as Tract 5 on a map recorded in the Harnett County Registry in Plat Cabinet 1 at Slide 205; said airspace being the airspace above the airport transitional surface which lies within said Tract 5, said transitional surface being an inclined plane with a slope of 7:1, i.e., one foot of elevation for each seven feet of horizontal distance perpendicular to the runway centerline located directly above the transition area beginning along the western line of Tract 5 defined by line K -L -M -I on the attached diagram marked Exhibit "A" with elevations of 221.1 feet (mean sea level) at point K, 223.0 feet (mean sea level) at point L, 243.8 feet (mean sea level) at point M, and 240.7 feet (mean sea level) at point I, and thence projects upwardly and outwardly on the aforementioned 7:1 inclined plane to the eastern boundary of Tract 5 defined by line P -O -N -H with elevations of 291.1 feet (mean sea level) at point P, 293.8 feet (mean sea level) at point 0, 272.7 feet (mean sea level) at point N, and 274.6 feet (mean sea level) at point H, with intermediate limiting elevations indicated by transitional contours, all as shown on said Exhibit "A ". Said avigation easement shall include for the County, its successors, assigns, for the use and benefit of the general public a right of flight for the passage of aircraft in the afore described airspace above the tract of land described in Section 1 above together with the right to cause in said airspace such noise, vibrations, fumes, dust, fuel particles and other effects as may be inherent in the operation of aircraft using airspace for landing or taking off from or operating at the Harnett County Airport. Additionally, said avigation easement shall include a continuing right and easement to take any action necessary to prevent the erection or growth of any structure, tree, or other object into the airspace afore described over the tract of land described in section 1 hereof and to remove from such airspace or mark or light as obstructions to air navigation, any and all structures, trees or other objects that may extend into said airspace, together with the right of ingress and egress to, egress from and passage over the afore described lands of grantor for such purpose. Said easement to continue until the Harnett County Airport shall be abandoned and shall cease to be used for public airport purposes. Specifically this easement shall be free of any outstanding rights to mine subsurface minerals which might cause penetration of the airspace and deeds of trust securing loans by the owner or her predecessors. Section 3; This property is being acquired by the County and will be used in operation of an airport. Section 4: The owners will be permitted to remove all buildings, structures, permanent improvements, or fixtures which currently penetrate the airspace described, Section 5A• follows: The names and addresses of the owne (1) (a) (1) (b) (2) (3) (a) (3) (b) (4) (a) (4) (b) (5) (a) (5) (b) (6) (7) (8) (9) (a) (9) (b) (9) (c) (10) R. D. Lee Route 1 Erwin, North Carolina 28339 • Rachel Lee Route '.1 Erwin, North Carolina 28339 W. R. Sorrell Highway No. 421, West Dunn, North Carolina 28334 Charles B. Lee Route One Erwin, North Carolina 28339 Margaret G. Lee Route One Erwin, North Carolina 28339 William D. Lee Route One Erwin, North Carolina 28339 Ann McLeod Lee Route One Erwin, North Carolina 28339 Johnnie G, Lee Route One Erwin, North Carolina 28339 Sherry W. Lee Route One Erwin, North Carolina 28339 Becker Sand and Gravel Co., Inc. P. 0. Box 648 Cheraw, South Carolina 29520 E. A. Parker, Trustee Deceased (see paragraph 5B) Edgar R. Bain, Trustee P. 0. Box 87 Lillington, North Carolina 27546 s of the property are as J. R. Young Deceased (see paragraph 58) Hazel F. Young 200 South Orange Avenue Dunn, North Carolina 28334 Isabella McKay Young Box 385 Carolina Beach, North Carolina 28428 Dunn Production Credit Association 400 West Broad Street Dunn, North Carolina 28334 Section 5B: Pertinent information relating to persons who the properties at the time of their death is as follows: (1) had an interest in E. A. Parker, according to the best information available to the County, is deceased and was named as trustee in the fol- lowing instruments: (a) A deed of trust from R. D. Lee and wife, Rachel Lee to E. A. Parker, trustee, and J. R. Young and /or Isabella McKay Young and /or Hazel F. Young securing $200,000.00 in bond and dated January 7, 1961, . and filed on January 30, 1961, and filed on Januar 30, 1961; in Book 399, Page 9, Harnett County Registry, Said deed of trust includes the 650 acres known as "The McKay Farm" as security which appears as the first tract in said deed of trust and is the parent tract to the lands described herein, Said deed of trust has the following provision ",..in case the said trustee shall die.,. 567 then upon notice to the parties of the first and second parts, if living, the parties of the third part may appoint in writing a trustee to take...place of the party of the second part, and upon the probate and registration of the same the trustee thus appointed shall succeed to all rights and powers of the party of the second part. (b) A deed of trust from R. D. Lee and wife Rachel B. Lee to E. A. Parker, trustee, and W. R. Sorrell securing one bond for $52,000 and dated July 10, 1969, and filed on July 17, 1969, in Book 518, Page 153, Harnett County Registry. The one -half undivided interest in the 705.9 acres described in this deed of trust includes a 1/2 undivided interest in the land described in this preliminary condemnation resolution. This deed of trust has a clause permitting appointment of a successor similar to the clause quoted in Paragraph 5B (1) (a) above. (c) A deed of trust from W. R. Sorrell, single, to E. A. Parker, trustee, and R. D. Lee, dated July 10, 1969, and filed on July 17, 1969, in Book 518, Page 154, Harnett County Registry, securing a bond for $52,000. The land described covers a 1/2 undivided interest in 705.9 acres of land and includes a 1/2 undivided interest in the lands described in this preliminary condementaion resolution. Said deed of trust has a clause permitting appointment of a successor similar to the clause quoted in Paragraph 5B(1)(a) above. (2) J. R. Young is deceased. He was named as one of three beneficiaries in deeds of trust from R. D. Lee and wife Rachel Lee dated January 7, 1961, and filed on January 30, 1961 in Book 399, Page 9, Harnett County Registry. His wife Hazel F. Young was named beneficiary of all his property under his will, See Estate File 77 E 222 in the Office of the Clerk of Superior of Harnett County. Section 6: The composition, method of selection, time and place of first meeting, and general duties of the Board of Appraisers are as follows: (a) The property right described in this Preliminary Condemnation Resolution shall be appraised by a Board of Appraisers composed of three (3) persons who shall each be a free - holder of the County, and each of whom shall have no right, title, or interest in or to the property above described and who shall not be related by blood or marriage to any of the owners and who is not an officer, employee or agent of the County and who shall be disinterested in the rights of the parties in every way. (b) One appraiser (hereinafter named in Section 7 of this Resolution) shall be selected by the County, one shall be appointed by the owner and one shall be appointed jointly by the other two appraisers. (For purposes of appointing an appraiser, when there is a deed of trust, the trustee rather than the grantor or third party beneficiary shall be considered the owner and shall make the owner's designation of the appraiser.) Either the County or the Owners may reject an appraiser appointed by the other or by the County and owner's appraiser if the person so appointed is not disinterested. Notice of rejection of an appraiser shall be given within forty - eight (48) hours of his appointment or else the right to object shall be deemed to have been waived. The owner's appraiser shall be appointed and his name reported to the Clerk of the County of Harnett within fifteen (15) days after service of this resolution has been made on all the owners. If the owner fails to appoint an appraiser within the time allowed, or if the owner's appraiser and the County's appraiser fail to agree on the appointment of a third appraiser, the County may apply to the Clerk of Superior Court of Harnett County, North Carolina, for appointment of either an appraiser to represent the owners or the third appraiser, as may be appropriate. The method of selection of the Board of Appraisers is provided for in North Carolina General Statutes 160A -248. (c) The first meeting of the Board of Appraisers shall be at the site of the property being condemned at 10 O'Clock A.M., on the 9th day of June, 1981. (d) The duties of the Board of Appraisers shall be to meet at or near the site of the property being condemned at the time fixed by Paragraph 6(C) of the Preliminary Condemnation Resolution, and the Board of Appraisers shall view the property to be acquired, and shall thereafter hear any evidence presented by the owners or the County as to the damages and benefits that will result from the proposed condemnation. The evidence need not be reduced to writing unless one of the parties demands a hearing on the record. The Board of Appraisers shall determine the compensation to be paid to the owners by the County for its acquisition of the property, taking into consideration both the loss or damage that will result to the owners from the acquisition and any benefits that will inure to any remainder of the property from the improvement or project for which the property is being condemned. After the Board has determined damages and benefits, it shall make its report to the Board of Commissioners of Harnett County; the said report shall be made within thirty (30) days of the Board's appoint- ment, unless the Board of Commissioners of Harnett County allows a longer time. Such report shall show separately the amount of the damages, the amount of benefits, and the amount of compensation to be paid to the owners. The report shall be suffi- cient if it is concurred in by two (2) of three (3) appraisers. The meetings of the Board of Appraisers shall be as provided in North Carolina General Statutes 160A -249, and the report of the Board of Appraisers shall be made as provided by North Carolina General Statutes 160A -250. RESOLUTION OF APPRECIATION FOR MADIE LEE MORGAN RESOLUTION OF APPRECIATION FOR MARY P. AVERY Section 7: Bobby Wicker is hereby appointed by the Board of Commissioners as_ a member of the Board of Appraisers. The foregoing resolution having been submitted to a vote received the fol- lowing vote and was duly adopted this the 4th day of May, 1981, AYES: 5 NOES: 0 ABSENT OR EXCUSED: 0 Commissioner Brock moved for the adoption of the following resolution of appreciation for Madie Lee Morgan; Commissioner Stewart seconded the motion and it carried with a unanimous vote. THAT, WHEREAS, Madie Lee Morgan began her services to Harnett County in November, 1954, in the Clerk of Superior Court of Harnett County; and WHEREAS, on June 30, 1964, she accepted a position in the Harnett County Sheriff's Department and thereafter faithfully served that office in numero capacities; devoting many hours of her time and her innumerable resources toward the betterment and constructive growth of this Department; and WHEREAS, her conscientious dedication, her excellency in the performance of her duties, and her willingness and concern to help others won her the respect of her co- workers, who called upon her for advice, encouragement, and leadership; and WHEREAS, Madie Lee Morgan serves as an active and energetic member in many civic, religious, and community organizations and is an individual who is always interested in and anxious to work for the betterment of her fello man and community; and WHEREAS, Madie Lee Morgan, left the service of the County of Harnett when she retired on April 30, 1981. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, that: 1. Madie Lee Morgan retired from loyal and dedicated service to Harnett County with great honor and distinction. 2. The Board expresses its thanks and appreciation on behalf of the citizens of Harnett County to Madie Lee Morgan for her loyal service and immeasurable contributions to the County of Harnett. 3. A copy of this resolution be presented to Madie Lee Morgan, a copy spread upon the minutes of this Board; and a copy furnished to the media. Done This Fourth Day of May, Nineteen Hundred and Eighty -one. Commissioner Brock moved for the adoption of the following resolution of appreciation for Mary P. Avery; Commissioner. Collins seconded the motion and it carried with a unanimous vot THAT, WHEREAS, Mary P. Avery began her services to Harnett County on February 12, 1962, as a clerical worker in the Department of Social Services; and WHEREAS, through her proficiency, hard work, dedication, and love for the Department of Social Services, she has advanced to eligibility super- visor, and WHEREAS, the Central District of the North Carolina Social Services Association recognized her outstanding personal integrity and leadership ability as a devoted employee, and her loyalty as a charter member of NCSSA, awarded her the highest honor of "THE MOST VALUABLE EMPLOYEE OF THE YEAR" on April 1, 1981, in Raleigh, North Carolina; and WHEREAS, while performing her duties in an exemplary manner, she won the esteem of her co- workers and is admired by them for her excellent qualities of leadership; and WHEREAS, through her active participation in civic, religious, and community affairs, she gain recognition and support for Social Services Programs, re- flecting credit on the agency and the people of Harnett County. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, that:- 1. Mary P, Avery be and is hereby thanked, on behalf of all the citizens of Harnett County for her commendable efforts and contributions to the betterment of mankind. l RECESS RECONVENE BUDGET AMENDMENT CODE 50- 690 -113 REVENUE SHARING TAX SUPERVISOR ACTION TAX COLLECTOR TAX ATTORNEY EXPENDITURE REPORT SHERIFF'S REPORT ADJOURNMENT N Pxr 2. A copy of this resolution be presented to Mary P. Avery, a copy spread upon the minutes of this Board; and a copy furnished to the media. Done This Fourth Day of May, Nineteen Hundred and Eighty -One. The Board recessed for a reception honoring these ladies at 10:50 a.m. Chairman Jesse Alphin reconvened the meeting at 11 a.m. Commissioner Shaw made a motion that the General Fund, Code 50- 690 -113, be increased by $486,100 to reflect additional funds received from the Revenue Sharing Grant; Commissioner Collins seconded the motion and it carried. Thomas Allen, Tax Supervisor, appeared before the Board and presented the following tax refunds: 1. Wade C. and Jenny G. Stephenson, Grove Township, in the amount of $35.35; a bulk barn was double listed. 2. Octavia Jones, Duke Township, in the amount of $20.45; error in square footage of house. 3. Joyce R. Wilder and Alice M., Anderson Creek Township, in the amount of $6.37; 1978, 1979, and 1980 refund of 48/100 acres. 4. Joyce T. and Charles Ogburn, Grove Township, in the amount of $34.56; clerical error in addition of house. 5. Nelson T. and C. L. Currin, Grove Township, in the amount of $399.02, double listing of house, swimming pool, and barn. 6. Leonard Miller, Anderson Creek Township, in the amount of $26.50, homes were listed in error. 7. Sarah McLamb, Anderson Creek Township, in the amount of $6.98, camper was double listed. Commissioner Stewart made a motion that the above tax refunds be approved; Commissioner Collins seconded the motion and it carried. Earl Jones, Tax Collector, appeared before the Board andreporte on the activities of his departmentfor the month of April and his plans for the month of May, 1981. The following Tax Attorney's Report was filed with the Board: SUITS COLLECTED, NAMES DISMISSALS, CANCELLATIONS, AND EXPENSES: AVERASBORO TOWNSHIP JBST Associates, Inc. GROVE TOWNSHIP W. H. & Annie Ruth Avery JOHNSONVILLE TOWNSHIP King Solomon Cameron, Jr. LILLINGTON TOWNSHIP Jim Harris Heirs SUIT NO. 81 CVD 0155 78 CVD 0870 75 CVD 0020 AMT. COLLECTED ATTORNEY FEES $555.94 783.39 499.37 $55.00 40.00 55.00 no suit started 157.04 25.00 A copy of the expenditure report 1981, was filed with the Board. $1,995.74 $175.00 for the month ending April 30, Larry Knott, Operations Officer with the Sheriff's report for the month of April, Board, presented the 1981. There being no further business, the Harnett County Board of Commissioners meeting of May 4, 1981, duly adjourned at 11:30 J se Alphin airman / 'o11 Secr: . ade ry a. Vanessa W. Yo Assistant Cle to the Board