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Home My WebLink About11011993 286 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 The Harnett County Board of Commissioners met in regular session on Monday, November 1, 1993, in the Commissioners Meeting Room, County I Office Building, Lillington, North Carolina. Members present: H. L. Sorrell, Jr. Beatrice Bailey Hill, Vice-Chairman Dan B. Andrews Joseph T. Bowden Walt Titchener Staff present: Neil Emory, County Manager Tony Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Recording Secretary Chairman Sorrell called the meeting to order at 9 a.m. and Commissioner Andrews offered the invocation. Commissioner Hill moved to approve the agenda as published with the deletion of an item concerning project ordinance for North Harnett Elementary School wastewater project. Commissioner Andrews seconded the motion and it passed with a unanimous vote. Upon motion made by Commissioner Andrews and seconded by Commissioner Hill, the Board unanimously approved the following items from the Consent Agenda: 1. Minutes: Regular Meeting, October 18, 1993 2. Budget Amendments: Public Utilities (Northeast Capital pro;ect) I Code 67-9015-002 Carlisle Contractors-NE 109,679. increase 67-9015-003 Hogue Electric 2,000. increase 67-9015-004 T.A. Loving 142,876. increase 67-9015-005 Tri-State 576,687. increase 67-9015-006 Progressive 22,580. increase 67-9015-008 Watson Electrical 33,151. increase 67-9015-010 Land & Right of Way 43,494. increase 67-9015-020 Legal & Admin. 16,562. increase 67-9015-030 Engineering 122,799. increase 67-9015-040 Telemetry - SCADA 6,927. increase 67-9015-070 Interest during Construction 128,947. increase 67-9015-1570 Transfer to NE Metro 41,758. increase Revenue: 67-3290-000 Interest on Investment 24,772. decrease 67-3600-000 Sales Tax Refunds 28,887. decrease 67-3700-1000 Loan Proceeds 1,080,000. decrease 67-3750-000 Misc. Revenues 1,614. decrease 67-3771-000 Advance from HCPU-NE 72,901. decrease 67-3970-000 Interfund Transfer-NE Metro 39,286. decrease Public Utilities (West Central Phase II) Code 72-9016-060 Telemetry - WC II 1,000. increase 72-9016-010 Land - WC II 325. increase 72-9016-080 Contingency - WC II 1,325. decrease Public Utilities (Brookfield Capital Prolect) Code 77-9023-001 Construction 2,394. increase 77-9023-020 Legal & Admin. 395. increase 77-9023-030 Engineering 2,500. increase 77-9023-080 Contingency 1,000. increase 77-9023-1570 Transfer to General Fund 8,770. decrease Revenue: 77-3290-000 Interest on Investments 1,939. decrease I 77,3600-000 Sales Tax Refunds 542. decrease Public Utilities (Southwest Water & Sewer) Code 37-9006-1200 Capital Reserve 13,902. increase Revenue: 37-3270-002 Transfer from Carolina Lakes 15,563. increase 37-3290-006 Interest on Investments 87. increase 37-3990-006 Unapprop. Fund Bal. - SW 1,748. decrease Public Utilities (Carolina Lakes Capital Proiect) Code 76-9022-1570 Transfer to SW 15,650. increase 76-9022-010 Acquisition - Carolina Lakes 1,350. decrease 76-9022-020 Legal & Adm. - Carolina Lakes 9,033. decrease Revenue: 76-3290-000 Interest on Investments 5,267. increase !!'.:;. ~#r~':.-'" .-<~,,,"'-1:o()(... ~.lt~',; ~-----"--~- "- .._""'.."~ 287 Public Utilities (Buies Creek-Coats Water & Sewer) Code 33-9002-071 Capital Outlay - Land 2,163. increase Revenue: 33-3990-002 Unapprop. Fund Balance 2,163. increase Section 8 Existinq I Code 80-9900-4110 Admin. - Salaries 143. increase 80-9900-005 FICA Tax Expense 11. increase 80-9900-007 Retirement Expense 8. increase 80-9900-0071 Supplemental Retirement 2. increase Revenue: 80-2990-000 Fund Balance - Section 8 164. increase Mod. Rehab. Code 80-9901-4110 Admin. - Salaries 143. increase 80-9901-005 FICA Tax Expense 11. increase 80-9901-007 Retirement Expense 8. increase 80-9901-0071 Supplemental Retirement 2. increase Revenue: 80-2990-000 Fund Balance - Section 8 164. increase Revenues 10-3970-006 Transfer from AC Senior Center 734. increase 10-3990-000 Fund Balance - Appropriated 734. decrease Anderson Creek Senior Center (Capital Proiect) Code 61-9050-1570 Transfer to General Fund 734. increase 61-9050-001 Construction 734. decrease Anderson Creek Senior Center (Capital pro;ect) Code 61-9050-001 Construction 75,943. decrease 61-9050-1570 Transfer to General Fund 734. decrease Revenue: 61-3000-001 Mid-Carolina Council of Gov. 68,577. decrease 61-3000-002 Boone Trail Medical Center 4,500. decrease 61-3000-004 Donations 1,000. decrease 61-3000-005 Contribution from Harnett 2,000. decrease 61-3290-000 Interest on Investments 600. decrease I Human Resources Code 10-7400-003 Salaries & Wages, part-time 28,689. increase 10-7400-005 FICA Tax Expense 2,195. increase 10-7400-033 Materials & Supplies 1,116. increase Revenue: 10=3480-060 Manpower Program 32,000. increase AGREEMENT WITH 3. Agreement with Lee County for services of Hillcrest Youth Shelter LEE COUNTY FOR SERVICES OF HILLCREST4. Tax Refunds (Attachment 1) YOUTH SHELTER 5. Resolution authorizing release of Harnett County's share of FUNDS RELEASED TO appropriated State funds to Mid-Carolina Council of Governments MID-CAROLINA COG (Attachment 2) NATIONAL DIABETES 6. Proclamation concerning National Diabetes Month (Attachment 3) MONTH Informal comments were provided by the following citizens: 1. Floyd Hein, Anderson Creek area 2. Carl Fitchett, Dunn SOUTH CENTRAL Chairman Sorrell stated that the Board would now consider certain W & S matters sitting in its capacity as the governing body of South Central Water & Sewer District of Harnett County. Al Bain, Public Utilities Attorney, presented for the Board's consideration a proposed resolution authorizing application to the Local Government Commission for approval of issuance of general obligation bonds. Commissioner Bowden moved for adoption of the resolution. Commissioner Andrews seconded the motion and it passed with a unanimous vote. (Attachment 4) THIS END UP Chairman Sorrell called to order a public hearing on proposed transfer I FURNITURE CO., INC. of real property to This End Up Furniture Compar.y, Inc. No comments were offered and Chairman Sorrell closed the public hearing. Dwight Snow, County Attorney, presented for the Board's consideration a proposed resolution to transfer real property to This End Up Furniture Company, Inc. Commissioner Bowden moved for adoption of the resolution. Commissioner Titchener seconded the motion and it passed with a unanimous vote. (Attachment 5) ARCHITECTS FOR DSS AND HEALTH Tony Wilder, Assistant County Manager, reported ~hat the Architectural DEPT. BUILDING Committee has received proposals for the design of the DSS and Health Department facility. The Architectural Committee recommends that the firm of Skinner, Lamm, Hood & Highsmith, P.A., Architects be -- 288 authorized to proceed with the design of the new facility. Commissioner Titchener moved for approval of the proposed contract with the recommended firm. Commissioner Andrews seconded the motion and it passed with a unanimous vote. UNDERWRITER SERVICES Neil Emory, County Manager, requested authorization from the Board for the staff to receive proposals for underwriter services in order to proceed with the financial planning required for upcoming capital I projects. Commissioner Bowden moved that proposals be accepted for underwriter services. Commissioner Andrews seconded the motion and it passed with a unanimous vote. Reports were filed with the Board from Veteran's Affairs and the Tax Department. REQUEST FOR RECLASS. Neil Emory, County Manager, presented a request from the Sheriff's OF DEPUTY POSITION Department that a new Deputy I position be reclassified to a Deputy III-Detective. The request is due to new State law requiring investigation of child abuse cases within 48 hours of reported offense. Commissioner Bowden moved that consideration of the matter be tabled until a representative from the Sheriff's Department can be present to answer questions concerning the requested reclassification. Commissioner Andrews seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners regular meeting, November 1, 1993, duly adjourned at 9:40 a.m. Z(#Chairman 'iL '-uJ '-(/'h~6 Vanessa W. Young, Clerk. ' J J~ J'. ~d I KayS. Blanchard, Recording Secretary ATTACHMENT 1. TAX REFUNDS FOR OCTOBER November 1, 1993 ITEM NO PARCEL NUMBER NAME AMT OF REFUND REASON FOR REFUND 1. 0801657000 Ian D & Patricia N Simpson SoLid waste, Land was transferred, POBox 2202 soLid waste was billed in error. HartsviLLe SC 29550 2202 S 37.50 S 37.50 x 1 = S37.50 SoLid Waste (1993) 2. 1303447000 Edmond C Morrison SoLid waste, Land was transferred, Route 3 Box 564 solid waste was biLled in error. Li lL ington NC 27546 S 37.50 S 37.50 x 1 = S37.50 SoLid Waste 3. 208746000 Allie Mildred Lee SoLid waste, land was transferred, 406 Mailman Rd solid waste was biLled in error. Knightdale NC 27545 8430 S 37.50 S 37.50 x 1 = S37.50 Solid Waste (1993) 4. 001001303000 Virginia Sherman SoLid waste, Land was transferred, POBox 1796 solid waste was bilLed in error. Lit Li ngton NC 27546 S 37.50 S 37.50 x 1 = S37.50 Solid Waste ( 1993) 5. 0400665000 Timberyne Cabinet Co Inc Business personal property was over- Route 4 Box 437 li sted for 1991 an:! di scovered thrOl.l!t1 Angier NC 27501 an audit. S713.02 S82912 x .0073 = 5605.25 Co Wide I (1993) S82912 x .0008 = 66.32 B R Fire S82912 x .0005 = 41.45 B R Resc -------------------------------- S82912 x .0086 = S713.02 Refund 6. 0405413000 Roy E Tuck Mr. Tuck listed his vehicle on his Route 2 Box 234-B abstract for 1993 but he should not Angier NC 27501 have because of the Motor Vehicle Billing System. S 2.51 S300 x .0070 = S 2.10 Co Wide (1993) S300 x .0008 = .24 B R Fire S300 x .00055= .17 B R Resc ------------------------------ S300 x .00835= S 2.51 Refund 7. 0400266000 Ester Butts SoL'd waste, land was transferred POBox 876 and the soLid waste was charged in Four Oaks NC 27524 error. S 37.50 S 37.50 x x =S37.50 Solid Waste (1993) 289 8. 130640 0054 01 Daniel H & Ilse A Spaulding Charged for 8.2 acres but a new survey Route 3 Box 63-A showed there was only 6.69 acres in Li II ington NC 27546 the tract. $ 8.86 $1,150 x .0070 = $ 8.05 Co Wide ( 1993) 51,150 x .0007 = .81 Svle Fire ----------------------------------- $1,150 x .0077 = $ 8.86 Refund 9. 0701771000 Catherine R Smith Solid waste, land transferred and Route 1 Box 188 solid waste was billed in error. I Erwin NC 28339 $ 37.50 S 37.50 x 1 = $37.50 Solid Waste 10. 0213119000 Carver Equipment Company 1989 business property listing was POBox 670 overlisted. Discovery made during Dunn NC 28335 an audit. '5 97.80 512382 x .0073 = $ 90.38 Co Wide (1989) 512382 x .0004 = 4.95 Ave Resc 512382 x .0002 = 2.47 Ave Sch --------------------------------- 512382 x .0079 = S 97.80 Refund 11. 10-0559 0516 1 Catherine Morton Sold 5.40 Ac to state per new addition C/O J W Barnes to prison. Deed... J.J but transfer 2015 Reaves Drive not made. Raleigh NC 27608 $ 72.59 510370 x .0070 = 5 72.59 Co Wide (1992) 12. 01100014000 Dave & M Arrington Solid waste, land transferred and c/o Harnett County Tax Dept solid waste was billed in error. POBox 250 L ill ington NC 27546 5 37.50 537.50 x 1 = 537.50 Solid Waste (1993) 13. 0902772000 Thomas Alford Taxed twice on the same mobi le home Route 2 Box 20B in the same year (1993). Cameron NC 28326 $ 74.76 $9230 x .0070 = 5 64.61 Co Wide (1993) 59230 x .0008 = 7.38 BH Fire 59230 x .0003 = 2.77 BH Resc -------------------------------- $9230 x .0081 = 5 74.76 Refund 14. 0801751000 Alvin Tutor Mr. Tutor listed his car on his Route 2 Box 164 form which indicated that it was Fuquay Varina NC 27526 unl icensed. However, the vehicle was licensed and he has been bi lled by the Tax Office Motor Vehicle Dept. I S165.31 519680 x .0070 = 5137.76 Co Wide (1993) 519680 x .0009 = 17.71 N H Fire 519680 x .0005 = 9.84 N H Resc --------------------------------- $19680 x .0084 = 5165.31 Refund 15. 0105085000 Thomas L Mason Vehicle was listed once as an Route 1 Box 439B-2 unregistered vehicle and once as a Spring Lake NC 28390 registered vehicle. S 22.70 52672 x .0070 = 5 18.69 Co Wide ( 1993) $2672 x .0015 = 4.01 AC Fire -------------------------------- 52672 x .0085 = $ 22.70 Refund 16. 04-0674 0081 Jerry M Smith Solid waste, house vacant used as POBox 722 storage. Angier Nt 27501 $ 37.50 $ 37.50 x 1 = 5 37.50 Solid Waste (1993) I 290 ATTACHMENT 2. BOARD OF COMMISSIONERS COUNTY MANAGER'S OFFICE H.L. SORRELL, JR. Chairman NEIL EMORY BEATRICE B. HILL, Vice,Chairman WM. A. (TONY) WILDER, Assistant I JOSEPH T. BOWDEN DAN B. ANDREWS CLERK TO THE BOARD WALT TITCHENER VANESSA W. YOUNG P. O. BOX 759 . LlLLlNGTON, N.C. 27546 (919) 893-7555 HARNETT COUNTY NORTH CAROLINA RESOLUTION WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across this state; and WHEREAS, many counties and cities need assistance in pursuing economic and community development opportunities, but federal assistance in the form of intergovernmental revenues has been severely curtailed in recent years; and WHEREAS, the 1993 General Assembly recognized this need through the appropriation of $864,270 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support local industrial development activities and other activities as deemed appropriate by their local governments; and WHEREAS, these funds are not intended to be used for I payment of member dues or assessments to a Lead Regional Organization or to supplant funds appropriated by the member governments; and WHEREAS, in the event that a request is not made by the County of Harnett for release of these funds to our Regional Council, the available funds will revert to the State's General Fund; and WHEREAS, in Mid-Carolina, funds in the amount of $48,015 will be used for assisting member governments with small business and economic development, community development, and other activities as deemed appropriate by member governments of Mid-Carolina Council of Governments. NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of Commissioners requests the release of its share of these funds, $9,062.16, to Mid-Carolina Council of Governments at the earliest possible time in accordance with the provisions of Senate Bill 27 of the 1993 Session Laws. Duly adopted this 1st day of November, 1993. HARNETT COUNTY BOARD OF COMMISSIONERS $~/ ( H. t.. Sorr~., Chairman // ATTEST: ..---- I r "'d~'- ~t{j L .1f.,v~/ Vanessa W. YouOO, Clerk , ~~:t.... -,", 291 ATTACHMENT 3. BOARD OF COMMISSIONERS ~~m'~~<l COUNTY MANAGER'S OFFICE "'~__;;;r;' ~~~~\. . H.L. SonnELL, Ju. Chairman Ii; ~ ,....,. NEIL EMORY BEATRICE B. HILL, Vice-Chairman (ti1 ) WM. A. (TONY) WILDER, Assistant I JOSEPH T. BOWDEN DAN B. ANDREWS CLERK TO THE BOARD W AL T TncHENER .. -, -- '" ~. VANESSA W. YOUNG ..,~ ~~~~ COUNTY OF HARNETT P. O. BOX 759 . LlLLlNGl"ON, N,.C. 27548 (919) 893-7555 HARNETT COUNTY NORTH CAROLINA PROCLAMATION TO DESIGNATE THE MONTH OF NOVEMBER AS "NATIONAL DIABETES MONTH" IN HARNETT COUNTY WHEREAS, diabetes is a problem of grave concern and consequence in American society with serious complications and effects which can be lessened through tight blood glucose monitoring and education as recently proven through the Diabetes Control and Complications Trials ( DCCT) ; and WHEREAS, more than 13 million people in America, including many people not yet diagnosed, are affected by diabetes; that 500,000 new cases are diagnosed yearly; that diabetes is a leading cause of death and a major cause of disability in Harnett County; that people with diabetes are more than twice as likely to require hospitalization during the year; and WHEREAS, more than 50,000 lower extremity amputations were performed on people with diabetes annually, a rate 15 times higher than that of the non-diabetic population; and WHEREAS, death from kidney disease is 500 times more I common among young adults with insulin-dependent diabetes than in the general population; and WHEREAS, diabetes is the leading cause of new blindness in adults; that half of all people with diabetes have a history of hypertension compared to 20 percent of the general population; that people with diabetes are twice as likely as members of the general population to have heart disease and are more likely to die from it; and WHEREAS, detectable loss of nerve function occurs in approximately 40 percent of persons with diabetes, and after 25 years of the disease, more than 90 percent are affected; and WHEREAS, pregnant women with diabetes require intensive prenatal care and their babies are five times more likely to require intensive care during and immediately following birth than other babies; and WHEREAS, diabetes awareness and education can lessen or prevent the complications associated with diabetes; that through diabetes awareness and education, the person with diabetes can gain better health, peace of mind, an active lifestyle, and live more independent and fulfilling lives. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners does hereby proclaim the month of November 1993 as "National Diabetes Month" in Harnett County and urges all Harnett County citizens to observe the month with appropriate ceremonies and activities. Duly adopted this 1st day of November, 1993. HARNETT COUNTY BOARD OF COMMISSIONERS I $~' . - t/ ~ ,W/ld'/:~ / H. L. Sorrel~; Jr., Chair~an /'./ ATTEST: v' ---r. '\;') L y-<' . ,....:v-~.-:....4_ !. 0 Vanessa W. Y01)ng, Clerk 292 ATTACHMENT 4. RESOLUTION AUTHORIZING THE FILING OF APPLICATION FOR APPROVAL OF ISSUANCE OF GENERAL OBLIGATION BONDS OF THE SOUTH CENTRAL VATER AND SEWER DISTRICT OF HARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County I (hereinafter the "Board"), desires to provide hydraulic and other improvements to the water facilities of the South Central Water and Sewer District of Harnett CouLty (hereinafter "District"); and WHEREAS, it is now necessary to obtain funding to pay the costs of construction of the proposed improvements through the sale of general obligation bonds of the District; and WHEREAS, the District's Consulting Engineers have carefully studied the District and have prepared a Preliminary Engineering Report with total estimated costs of $2,055,000 for construction of the improvements; and WHEREAS, the Board recognizes that there has been concern among the residents of the District regarding the water supply and pressure; and WHEREAS, the Board finds that the project is necessary and expedient in order to provide a sound and sufficient supply of potable and safe water to residents of the District, as well as churches and places of business therein; and I WHEREAS, the Board desires to make application to the North Carolina Local Government Commission for the approval of the issuance of general obligation bonds of the District in an amount not to exceed $2,400,000; and WHEREAS, said amount is adequate and not excessive for the planned improvements, in that the amount is sufficient to cover the estimated cost of construction of the improvements to the water system and to cover any additional increase in cost due to inflation; and WHEREAS, the Board intends to construct the improvements without an increase in the property tax in the District; and WHEREAS, the estimated increase in cost of water service for a user of the syst~m as projected by the District's Consulting Engineers is approximately 20 cents per thousand gallons, and such increase is not excessive; and WHEREAS, the Board intends to construct the improvements only in the event that the project is economically feasible; and WHEREAS, the debt management policies and the budgetary and fiscal I management policies of the District have been, and shall continue to be, carried out in full compliance with the applicable law; and WHEREAS, the Board desires to move forward with the application to seek approval of the above mentioned general obligation bonds, and desires to hold a bond election regarding the same in January, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS sitt~,ng as the governing body of the South Central Water and S<.wer District for Harnett County that: 293 1. The District is hereby authorized and directed to file an application with the North Carolina Local Government Commission seeking approval of the issuance of not more than $2,400,000 in general obligation bonds of the District. 2. Alton D. Bain, Harnett County Public Utilities Attorney, is designated I as representative of the District for the purpose of seeking approval of the said bonds and is directed to file application for approval of bonds and to employ bond counsel to represent the District in the authorization and issuance of bonds. Duly adopted this the 1st day of November, 1993 upon motion made by Commissioner Bowden, seconded by Commissioner Andrews, and passed by the following vote: Ayes 5 Noes 0 Absent 0 Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS sitting as the governing body of the South Central Water and Sewer District of Harnett County ?/b / /P; . /,/ /~v~/ ~ / H. L. Sorrel1, Jr., "Chairman I / ATTEST: ~a~L ;r.~ Clerk to the Board I 294 ATTACHMENT 5. NORTH CAROLINA RESOLUTION TO TRANSFER REAL PROPERTY HARNETT COUNTY TO THIS END UP FURNITURE COMPANY, INC. THAT WHEREAS, the County of Harnett (hereinafter "COUNTY") is I tr.e owner in fee simple of a 339.78 acre tract of real property which is located between U.S. Highway 401 and, the Cape Fear River in Lillington Township, Harnett County, North Carolina which is more particularly described in the deed to Harnett County dated April 29, 1991 and recorded in Book 934, Page 664, Harnett County Registry; that the COUNTY has current plans for said real property to be a County Governmental Complex and Industrial Park; and WHEREAS, the COUNTY is empowered pursuant the terms of the N.C. General Statutes 5158-7.1 (Local Development Act) as amended, to acquire, hold for resale, and/or convey interest in real property subject to the terms and conditions of said statute; and WHEREAS, This End Up Furniture, Co., Inc. , a North Carolina Corporation (hereinafter "THIS END UP") has been considering the eetab1ishment of a new furniture manufacturing facility in Harnett C~unty which is expected to create a significant increase in the tax base of the COUNTY in addition to the creation of new jobs in the COUNTY; that THIS END UP has determined that a 32.197 acre I tract located within the Industrial Park section of the aforementioned COUNTY property is a suitable location for the development of THIS END UP's proposed new facility; and WHEREAS, other communities have attempted to induce THIS END UP to locate its proposed new facility on real property within their respective jurisdictions. That in order to induce THIS END UP to locate its proposed manufacturing facility in the COUNTY Industrial Park, the COUNTY is willing to convey a 32.197 acre tract to THIS END UP pursuant to the provisions of N.C. General Statutes 5158-7.1(d) & (d1); and WHEREAS, in considering and negotiating the conveyance of the 32 .197 acre tract, the COUNTY has made the following determinations: 1. The fair market value of the 32.197 tract to be conveyed to THIS END UP is $7,600.00 per acre, thereby having a total fair market value of $244,697.20. 2. The consideration to be received by the COUNTY from THIS END UP for the transfer of the 32.197 acre tract sha 11 be I prospective ad valorem tax revenues over the next ten years from the improvements to be constructed by THIS END UP on the 32.197 tract which shall include a 250,000 square foot manufacturing fE.cility. 3. That the conveyance of the 32.197 acre tract to THIS END UP with the subsequent construction and operation of the 250,000 s:i~are foot furniture manufacturing facility will stimulate the local economy, promote business, and result in the creation of a substantial number of jobs in Harnett County; and 295 WHEREAS, a closing document entitled "Transfer Agreement Between Harnett County and This End Up Furniture Co., Inc." which is attached to this Resolution as Exhibit "A" and a "Special Warranty Deed" with conditions and restrictions attached hereto as Exhibit "B" have been prepared and agreed upon between the parties I to comply with the provisions of N.C. General Statutes S158-7.1(d) & (d1) and to allow the conveyance of the 32.197 acre tract to THIS END UP; and WHEREAS, pursuant to N.C. General Statutes S158-7 . 1 Cd) a public hearing was held on November 1, 1993 concerning the proposed transfer of the 32.197 acre tract to THIS END UP under the guidelines of the Local Development Act, the Transfer Agreement and special Warranty Deed; that subsequent to the close of said public hearing and after deliberations, it is the desire of the Board of Commissioners to approve the real property conveyance subject to the aforementioned guidelines. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the conveyance by the COUNTY to THIS END UP of the 32.197 acre tract pursuant to the provisions of N.C. General Statutes 5158-7.1 (d) & Cd1) is hereby approved; BE IT FURTHER RESOLVED that the proper officials of the COUNTY are hereby authorized to enter into the Transfer Agreement Between Harnett County and This End Up Furniture Co., Inc. and to execute I the Special Warranty Deed for the 32.197 acre tract to THIS END UP. This the 1st day of November, 1993. HARNETT COUNTY BOARD OF COMMISSIONERS z/~ /~ By: >,. l _ ~ _ ........ . H.t. Sorre1l/;,Afr., Chairman / ATTEST: /" ' \ "~- '(l' '--Z J!VV>~J Vanessa W. Young, lerk EXHIBIT "A" NORTH CAROLINA TRANSFER AGREEMENT BETWEEN HARNETT COUNTY HARNETT COUNTY AND THIS END UP FURNITURE COMPANY, INC. I THIS AGREEMENT made and entered into this the 1st day of November, 1993, by and between the COUNTY OF HARNETT, a body politic of 102 E. Front st., Li11ington, N.C 27546 (hereinafter referred to as "COUNTY") and THIS END UP FURNITURE COMPANY, INC. , a North Carolina corporation of P.O. Box 30153, Raleigh, N.C. 27622 (hereinafter referred to as "CORPORATION"); WIT N E SSE T H: THAT WHEREAS, the COUNTY is the owner in fee simple of a 339.78 acre tract of real property which is located between U.S. Highway 401 and the Cape Fear River in Lillington Township, Harnett --- "- 296 County, North Carolina which is more particularly described in that deed to Harnett County dated April 29, 1991 and recorded in book 934, Page 664 Harnett county Registry; that the COUNTY has current plans for said real property to be a County Governmental Complex and Industrial Park; and WHEREAS, the COUNTY is empowered pursuant to the terms of I North Carolina General statutes S158-7.1 (the Local Development Act) as amended, to acquire, hold for resale, and/or convey interests in real property subject to the terms and conditions of said statute; and WHEREAS, CORPORATION has been considering the establishment of a new furniture manufacturing facility in Harnett County which is expected to create a significant increase in the tax base of the COUNTY in addition to the creation of new jobs in the COUNTY; that the CORPORATION has determined that a 32.197 acre tract located within the industrial park section of the aforementioned COUNTY property is a suitable location for the development of the CORPORATION'S proposed new facilities; and WHEREAS, other communities have attempted to induce COKPORATION to locate its proposed new facilities on real property wi thin their respective jurisdictions. That in order to induce CORPORATION to locate its proposed manufacturing facility in the County Industrial Park, the COUNTY is willing to convey a 32.197 acre tract to corporation upon the terms and conditions set forth I in this Agreement; and WHEREAS, in consideration of the conveyance of the 32.197 acre tract to CORPORATION by the COUNTY, CORPORATION has agreed to construct its proposed new manufacturing facility on the 32.197 Industrial Park tract and to further comply with all of the covenants and conditions binding upon it as set forth in the trc.:1sfer Special Warranty Deed and the terms of this Agreemsnt; NOW, THEREFORE, in consideration of these premises and the mutual covenants and promises set forth below, the CORPORATION and the COUNTY hereby agree as follows: section 1. AGREEMENT TO TRANSFER 1.01. Convevance of Industrial Park tract. Subject to the terms and conditions set forth herein, on the closing date, the COUNTY shall cause the 32.197 acre tract located in the Harnett County Industrial Park to be transferred to CORPORATION by means of a Special Warranty Deed with certain conditions and restrictive covenants. I 2.02. Insoection. During the period from the date of this Ag:.:eement through the closing date when title actually is tr;,:.:1sferred by Deed, the CORPORATION may enter the 32.197 acre Ir.~~stria1 Park tract to inspect, examine, survey and otherwise do wh~t CORPORATION deems necessary in the designing, engineering and planning of its proposed manufacturing facility. The CORPORATION acknowledges that it has had previous access to the 32.197 acre tract sufficient to conduct surveys, soil tests and borings sufficient to determine that the 32.197 acre tract does not contain ----~ - - ~- ,.. ..'''~;- ...".-". r...,,,',-,-~,,,....,-,,,,,,,,---.,,,, ,~~ 297 thereon any hazardous materials, and that to the best knowledge of CORPORATION after investigation, its use of said tract will not conflict with or violate any environmental laws. 2.03. Purchase. CORPORATION agrees on the closing date to I take title to the 32.197 acre tract subject to permitted conditions and restrictive covenants as contained in the Special Warranty Deed. The County Board of Commissioners has determined that the fair market value of the 32.197 acre tract is $244,697.00. The CORPORATION agrees with the COUNTY'S determination that said amount is the fair market value of the 32.197 acre tract. section 2 CONDITIONS OF CLOSING 2.01. Place of Closina. The closing of the transfer of the 32.197 acre tract by the COUNTY to CORPORATION shall take place at the County offices located at 102 E. Front st., Lillington, N.C. 27546 on or before the 2nd day of November, 1993. 2.02. Conditions of Closina. As of the closing date the following conditions shall have been satisfied: a. The COUNTY shall deliver to the CORPORATION the following: ( i) A Special Warranty Deed with certain conditions and restrictive covenants duly executed by the duly authorized officials of the COUNTY which said deed shall include the conveyance of a 32.197 acre I tract located within the County Industrial Park in addition to a 30 foot wide temporary ingress-egress easement leading from U.S. Highway 401 to the subject tract; (ii) Affidavit of COUNTY as to no liens or encumbrances imposed by the COUNTY on the 32.197 acre tract with the exception of those conditions and restrictive covenants contained within the Special Warranty Deed; ( iii) Evidence in the form of motions, a resolution or resolutions duly adopted by the Board of Commissioners of the COUNTY approving the transfer to CORPORATION of the 32.197 acre tract which would include a determination by the Board of Commissioners that. the conveyance of the 32.197 acre tract to CORPORATION will stimulate the local economy, promote business, and result in the creation of a substantial number of jobs in the I COUNTY. b. CORPORATION shall have delivered or cause to be delivered the following: (i) Copies of the boundary survey of the subject tract in addition to environmental reports showing the absence of any hazardous material located on the 32.197 acre tract; ( ii) Copies of the drawings and specifications for the proposed manufacturing facility to be located on the 32.197 acre tract including landscape plans 298 and specifications. Also a copy of the proposed construction schedule for the making of the improvements to the 32.197 acre tract. c. CORPORATION has heretofore received the following: ( i) Evidence satisfactory to it that the 32.197 acre tract is zoned for the use contemplated by the proposed manufacturing facility; I ( ii) Evidence as to the availability of all utilities necessary for the construction operation of the proposed manufacturing facility on the 32.197 acre tract; (iii) Evidence satisfactory to CORPORATION to the availability of all permits, licenses, orders, decrees, or other agreements necessary to operate the proposed manufacturing facility on the 32.197 acre tract; (iv) Evidence satisfactory to CORPORATION that it shall receive preliminary approval by local, state and federal agencies to the extent required and available, to construct the proposed manufacturing facility on the 32.197 acre tract. section 3. REPRESENTATIONS AND WARRANTIES 3. Ol- In order to induce the COUNTY to enter into this I Agreement and to transfer the 32.197 Industrial Park tract, corporation represents and warrants to the County that: a. It is a corporation duly organized and existing and in good standing under the laws of the State of North Carolina and is qualified to do business in the state of North Carolina; b. It has the corporate power and authority to own its prop~rties and assets and to carryon its business as now being conducted and has the corporate power and authority to execute and perform this Agreement; c. This Agreement: ( i) is the valid and binding Agreement of CORPORATION, enforceable against CORPORATION in accordance with its terms; (ii) does not violate any provisions of applicable law or the order of any court or other agency of government binding on CORPORATION, the charter documents or bylaws of CORPORATION or any provisions of any indenture, agreement or other I instrument to which CORPORATION is a party; and, ( iii) does not conflict with, result in a breach of or constitute an event of default, or an event which, with notice or lapse of time, or both, would constitute an event of default, under any indenture, agreement or other instrument to which CORPORATION is a party; d. The information set forth in the proposed manufacturing facility drawings and specifications including landscape plans and .,.,.. """'--;'"v" ''''''','''''' ~,.....-- ~., .." .--.~ - . 299 specifications as presented to the COUNTY, are true and correct and accurately reflect in general the design of the proposed manufacturing facility to be constructed by CORPORATION on the 32.197 acre tract within 2 years of the recording date of the Special Warranty Deed which conveys title to the real property to I the CORPORATION; e. There is no suit, claim, action or litigation pending, or to the best of CORPORATION'S knowledge threatened, relating to the proposed acquisition by it of the 32 . 197 acre tract, the construction of the proposed manufacturing facility, or the operation of said manufacturing facility for its intended purpose; f. The 32.197 acre tract is properly zoned for the use contemplated by the improvements; g. All utilities necessary for the construction and operation of the proposed manufacturing facility are available at the 32.197 acre tract. section 4. COV~NANTS AND AGREEM~NTS OF CORPORATION 4.01 Imnrovements. The Local Development Act as contained in N.C. General statutes 515S-7.1 and specifically under S15S-7.1(d) and (d1) permits the transfer by the COUNTY of real property to CORPORATION and further provides that the consideration to be received by the COUNTY shall not be less than the fair market value I of such real property as determined by the COUNTY. The Act provides that in arriving at the amount of consideration that it receives, the County may take into account prospective tax revenues from improvements to be constructed on the property coming to the COUNTY over the 10 year period following the conveyance. The COUNTY Board of Commissioners has made a determination that the fair market value of the 32.197 acre is $244,697.00. The CORPORATION covenants and agrees with the COUNTY that in consideration of the transfer of the 32.197 acre tract to it, CORPORATION shall construct on the 32.197 acre tract a furniture manufacturing facility with at least 250,000 square feet as shown on those drawing plans and specifications dated and identified as including landscape drawings and specifications, all of which have been submitted by the CORPORATION and approved by the COUNTY. CORPORATION further agrees that the construction of the proposed manufacturing facility is to be completed within two years of the recordation date of the Special Warranty Deed. Subject to the I provisions of Section 4.02, the failure of CORPORATION to complete the manufacturing facility within the two year period shall constitute a default hereunder, and the CORPORATION shall reconvey the 32.197 acre tract to the COUNTY pursuant to the provisions of N.C. General statutes 515S-7.1(d1) as re-written in Senate Sill 70S, ratified May 12, 1993. 4.02. Force Maieure and Other Delav. co. Notwithstanding the provisions of section 4.01, in the event CORPORATION is unable to complete the construction of the - ---~-~-_._-~-------- 300 manufacturing facility within the two year period set forth in Section 4.01 as a result of an event of force majeure, including but not limited to fires, explosions, acts of God, acts of public enemy, insurrections, riots, embargoes, labor disputes, including strikes, lockouts, job actions or boycotts; inability to obtain the . governmental permits or approvals necessary for the construction and operation of the manufacturing facility after a good faith I effort to obtain the same has been made; shortages of materials or energy; changes in law; or other cause beyond the control of and arising without the fault or negligence of CORPORATION; then, in such event, the construction completion period shall be extended for a period equal to the delay caused by any of the foregoing events so long as CORPORATION shall have furnished the COUNTY promptly upon the occurrence of such event a notice thereof, and taken all steps reasonably necessary to relieve the effect of such event and to resume completion of the manufacturing facility. 4.03. Limitation on Sale. CORPORATION shall not sell, transfer or convey all or any part of the 32 .197 acre tract or create or permit to exist any lien, mortgage or encumbrance on the 32.197 acre tract prior to the expiration of the two year facility construction deadline period or the actual facility construction completion date whichever shall first occur, except in connection with: a. The sale or transfer of all the assets of CORPORATION to a person/entity which assumes and agrees to be bound by all of the I obligations of CORPORATION under this Agreement; b. The transfer of the 32.197 acre tract to an Affiliate of CORPORATION which assumes and agrees to be bound by all of the oblic;ations of CORPORATION under this Agreement subject to the apprcval of the COUNTY which approval will not be unreasonably withheld; c. Transfers of portions of the 32.197 acre tract to COUNTY; d. Grants of easements or rights of way for ingress or egress and utility lines and equipment in favor of the county, and municipalities or public utilities; e. Deeds of trust in favor of financial institutions, third parties or affiliates providing financing of the improvements, provided however, that affiliate financing of the Improvements shall have the written approval of the COUNTY which approval shall not be unreasonably withheld; f. Liens and rights of way which do not interfere with the use c.,d development of the 32.197 acre tract; and, g. Permitted encumbrances. I 4.04. In no event shall the transfer of any interest in the 32.197 acre tract to another person or entity within the construction deadline period under Section 4.03, relieve CORPORATION from any of its obligations under this Agreement. section 5. DEFAULT 5.01- Events of Default. The occurrence of anyone or more of the following events for any reason whatsoever shall constitute an event of default under this Agreement whether such occurrence shall be voluntary or involuntary or shall come about or be 301 effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body: a. The CORPORATION fails to fulfill the provisions of section 4.01 or 4.03 hereof; I b. The CORPORATION fails to observe and perform any other covenant or condition set forth in this Agreement or the Special warranty Deed and such failure shall continue for a period sixty (60) or more days after the giving of written notice thereof to CORPORATION; c. The CORPORATION furnishes or has furnished to the COUNTY any material representation, warranty or other statement of fact contained herein or in any writing, certificate, report or statement furnished by CORPORATION to the COUNTY in connection with the transaction described herein, which is or was false or misleading in any material respect when given; d. The CORPORATION shall be unable to pay its debts generally as they become due; files a petition to take advantage of any insolvency statute; makes an assignment for the benefit of creditors; commences a proceeding for the appointment of a receiver, trustee, liquidator or conservator of itself or of the whole or any substantial party of its property; files a petition or answer seeking reorganization or arrangement or similar relief I under the federal bankruptcy laws or any other applicable law or statute of the united states of America or any state; e. A court of competent jurisdiction shall enter an order, judgment, or decree appointing a custodian, receiver,. trustee, liquidator, or conservator of CORPORATION or of the whole or any substantial part of its properties, or approve a petition f Bed against CORPORATION seeking reorganization or similar relief under the federal bankruptcy laws or any other applicable law or statute; or, f- A court of competent jurisdiction, under the provisions of any other law for the for the relief or aid of debtors, shall assume custody or control of CORPORATION or the whole or any substantial part of its properties. 5.02. Remedies. Should CORPORATION fail to construct its manufacturing facility pursuant to Section 4.01 of this Agreement then CORPORATION sha 11 reconvey the 32.197 acre tract to the COUNTY. Upon the occurrence of any other Events of Default described in Section 5.01, then COUNTY sha 11 have the option to I bring an action for specific performance of this Agreement in addition to any other remedies at law. section 6. MISC~NEOUS 6.01- Notices. All notices and other communications hereunder shall be in writing and shall be deemed to have been given on the date of actual delivery of mail, registered or certified mail, return receipt requested, postage prepaid, to the following respective addresses: 302 To the COUNTY: Harnett County Attn: County Manager P.O. Box 759 102 E. Front St. Lillington, N.C. 27546 I To the CORPORATION: This End Up Furniture Co., Inc. P.O. Box 30153 Raleigh, N.C. 27622 Either the COUNTY or CORPORATION may change .the address to which all notices shall be sent by addressing a notice of such change in the manner provided in this article. 6.02. Bindina Effect. This Agreement shall inure to the benefit of and is binding upon the COUNTY and CORPORATION and their respective successors and assigns. 6.')3. ~mendments. Chanaes and Modifications. Except as otherwise provided in this Agreement, this Agreement may not be amended, changed, modified or altered except by written agreement of the parties hereto. 6.04. Severabilitv. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 6.05. ~ounteroarts. This Agreement may be executed in any number of counterparts, each of which when so executed and I delivered shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for mo~a than one such fUlly-executed counterpart. 6. "J6. Governina Law. This Agreement is governed by and shall be construed in accordance with the laws of the State of North Carolina. 6.07. caotions. The captions or headings used herein are for convenience only and in no way define, limit, or describe the scope or intent of any provision of this Agreement. The schedules and exhibits to this Agreement which are attached hereto are incorporated by reference. 6.0S. Additional Actions. Each party hereto agrees to take (or cause others to take) such action and to execute and deliver (or cause others to execute and deliver) such other agreements, certificates or documents as may be reasonably necessary or desirab~e to carry out the provisions of this Agreement. 6.09. Meraer Clause: Amendment: Successors. This Agreement and the exhibits and schedules attached hereto contain the final, I complete and exclusive statement of the agreement between the parties with respect to the transactions contemplated herein and all prior written agreements and all prior and contemporaneous oral agreements with respect to the subject matter hereto are merged herein. -_....__.~--- 303 IN WITNESS WHEREOF, the COUNTY and CORPORATION have caused this Agreement to be executed in duplicate originals, in their I respective names, by persons duly authorized, and has sealed the same on the day and year first above written. HARNETT COUNTY By: H.L. Sorrell, Jr. ( SEAL) Chairman of Harnett county Board of Commissioners ATTEST: Vanessa W. Young Clerk of the Board THIS END UP FURNITURE COMPANY, INC. By: James A. Wall Senior vice President ( SEAL) I ATTEST: EXHIBIT "B" Prepared by and mail to: Dwight W. Snow, County Attorney, P.O. Box 397, Dunn, NC 28335 A Portion of Parcel ID No. 11-0650-000S NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED, made this 1st day of November, 1993, by and between GRANTOR GRANTEE COUNTY OF HARNETT, THIS END UP FURNITURE I a body politic and corporate COMPANY, INC. 102 E. Front Street a North Carolina Corporation P. O. Box 759 P.O. Box 30153 Lillington, N.C. 27546 Raleigh, N.C. 27622 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine or feminine as required by context. WIT N E SSE T H: That the Grantor, for a valuable consideration paid bv the ~ Grantee, the receipt of which is hereby acknowledged, has 3i1d by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Lillington Township, Harnett county, North Carolina and more particularly described as follows: - .-- 304 SEE EXHIBIT "A" As conditions of this conveyance the Grantee shall complete the following: (1) The Grantee shall construct a manufacturing facility on the above described tract with a minimum square footage of space of at l~a~t 2~O,OOO square feet as shown on those drawing plans and spec~f~cat~ons dated and identified as as submitted by the Grantee and approved by the Grantor. The construction of said manufacturing facility is to be completed within 2 years of the I recordation date of this special warranty deed. Upon the Grantee's failure to construct said manufacturing facility pursuant to said plans and specifications within said time deadline, the Grantee shall reconvey said real property to the Grantor pursuant to that Transfer Agreement Between Harnett County and This End Up Furniture Co., Inc., dated November 1, 1993 between the parties, and also pursuant to the provisions of N.C. Gen stat. S15S-7.1 and specifically S15S-7.1(d1) as rewritten in Senate Bill 70S, ratified May 12, 1993. (2) When the manufacturing facility is constructed on a portion of the above described property conveyed in this deed, the Grantee shall also construct, install and maintain an earthen landscaped berm on the eastern boundary of the above described tract which shall be adjacent to the planned public roadway leading from U.S. Highway 401 into the Harnett County Government Complex and Industrial Park property. The aforementioned berm's purpose is to develop a buffer/screen between the manufacturing facility of the Grantee and the government complex property on the eastern side of the roadway. The dimensions and landscape particulars of said berm shall be pursuant to the landscape drawings and specifications submitted by the Grantee and approved by the Grantor. The installation of the earthen landscaped berm shall not be required in those areas of the eastern boundary where existing trees and vegetation are located and are of sufficient size to act as a buffer/screen. This conveyance is further made and accepted, and the realty is granted, on and subject to the following covenants and restrictions. RESTR~IVE COVENAN~ 1- Neither Grantee or any entity claiming under Grantee shall use the above described property or any portion of such property, conveyed by this deed as a dumping ground for rubbish or waste I materials. Trash, garbage, or any other industrial or manufacturing waste sha 11 not be kept on the premises except in sanitary and/or suitable storage containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 2. Grantee shall not use the above described property for any purpose that would result in the pollution of any waterway that flows through or adjacent to said property by refuse, sewage, or any other material that might tend to pollute the waters of any such stream or river or otherwise impair the ecological balance of the surrounding lands. 3. Grantee shall not store or stack raw materials (i. e. unprocessed lumber) on the outside of its manufacturing facility except in enclosed and covered containers or outbuildings. 4. Due to the nature of the Grantee's planned manufacturing process, the only external noise restrictions on the Grantee shall be those currently existing under Federal and State law a~d ex':"sting local ordinance and common law. However, an~ successor ln title, assignee or lessee of the Grantee shall be subJ~ct to future noise restrictions or limitations properly establlshed by the Gr~ntor or other governmental authority. 5. The above listed Restrictive Covenants shall apply to and ru:, with the conveyed land whereby said Restrictive Covenants sha~l be applicable to all future owners and occupants. . T~e Grantor lS specifically given the right to enf~rce t~ese Res~r~ct~ve Covenants through any proceedings, at law or ~n equ~ty, aga~nst a~y person or entity violating or threatening to violate such restrlctl~ns, ~nd to recover any damages suffered by the Grantor from any vlolatlon of such restrictions, including reasonab~e attor~ey~ fees expended by the Grantor in the enforcement of sald restrlctlons. This Deed is being given pursuant to the authority of N.C. General I statute. S15S-7.1(d) and (d1) as rewritten in Senate Bill 70S, ratified May 12, 1993. At a regular meeting of the County Board of Commissioners held on November 1 1993 a public hearing was held and subsequent thereto a resoluti~n was adopted expressing the intention of ~he Board,to execute a special warranty deed unto the Grantee hereln conveYlng the aforesaid described lands as required by N~C. Gen..stat. 515S- 7.1(d) and (d1); public notice of the p~bl1c hearlng and the Board's consideration of said proposed actlon and conveyance was given by publication in The Daily Record, The Harnett County News aud the Harnett Leader newspapers on October 20, 1993. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee i.:l fee simple. ,;'.1; l:.,,,~il~~.if~,t~~i' "ii,t.I'*i<lflfll'.>;":'t)""'l:,.,,, .' 305 And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: a. General utility easements for phone and power purposes. b. Roadways and rights-of-way of record and those visible by inspection of the premises. I c. Such facts as an environmental study on the subject property by an environmental engineer would reveal. d. Such facts as a survey on the subject property by a registered land surveyor would reveal. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its name by its duly authorized officers p~rsuant to a resolution authorizing such act at the regular meetlng of the Harnett County Board of Commissioners held November 1, 1993 and has caused the County's official seal to be hereunto affixed the day and year first above written. COUNTY OF HARNETT BY: ( SEAL) H. L. Sorrell, Jr., Chairman Board of Commissioners of Harnett County (OFFICIAL SEAL) ATTEST: Vanessa W. Young, Clerk NORTH CAROLINA COUNTY I a Notary Public of the County and state aforesaid, certify that H~ L. Sorrell, Jr. personally came before me this daX who being by me duly sworn, deposes and says: that he is the Chalrman I of the Harnett County Board of commissioners ,and Vanessa W. Yo~ng is the Clerk of said Board, that the seal afflxed to the foregol~g instrument is the official seal of Harnett County, that sald instrument was signed by him, attested by said Clerk and the county's seal affixed thereto, all by aut~ority of the Board of commissioners of said county, and the sald H. L. Sorrell, Jr. acknowledged said instrument to e the act and deed of Harnett County. witness my hand and official stamp or seal, this day of November, 1993. Notary Public My Commission Expires: EXHIBIT "A" COMMENCING at a set p-k nail at the apparent centerline intersection of the centerline of U.S. Highway 401 and the centerline tract of Durham Southern Railroad 100 foot right of way, Harnett county, North carolina, said commencing point also being Northwest 900 feet more or less from the intersection of U.S. Highway 401 and NCSR 1436; thence running with the centerline of said Railroad tract, South 02 degrees 04 minutes 22 seconds East, 1548.57 feet to a set rebar in the centerline of said track; thence leaving said centerline and running North 87 degrees 55 minutes 00 seconds East, 50.00 feet to a set rebar, the POINT OF BEGINNING; thence running a new line, North 87 degrees 55 minutes 00 seconds East, 850.00 feet to a set rebar; thence running a new line South 02 degrees 05 minutes 00 seconds East, 1650.00 feet to a set rebarj thence continuing to run a new line, South 87 degrees 55 minutes 00 seconds West, 850.00 feet to a set rebar on the Eastern right of I way margin of aforesaid Railroad; thence running with said Eastern right of way margin, North 02 degrees 05 minutes 00 seconds West, 1650.00 feet to the POINT OF BEGINNING and containing 32.1970 acres, more or less as shown on that survey dated September 30, 1993 by Godwin-Jordan & Associates of Dunn, N.C. The above described tract is a portion of the 339.78 acre tract which was conveyed to Harnett County in that deed dated April 29, 1991 and recorded in Book 934, Page 664 Harnett County Registry. TOGETHER with a temporary 30 foot wide ingress-egress easement from U.S. Highway 401 through the property of the Grantor to the above described tract. This easement shall exist until such time that a permanent roadway has been established by the N.C. Board of Transportation and paved from U.S. Highway 401 into the planned Harnett County Government complex and Industrial Park for use by Harnett County and the Grantee. Upon the completion of the first phase of said roadway, this temporary ingress-egress easement to the Grantee shall terminate. A more particular description of the temporary 30 foot wide ingress-egress easement is as follows: -- ---- ------------------ ------------~------ ----- 306 COMMENCING at a set p-k nail at the apparent centerline intersection of the centerline of U.S. Highway 401 and the centerline tract of Durham Southern Railroad, 100 foot right of way, Harnett County, North Carolina, said commencing point also being Northwest 900 feet more or less from the intersection of U.S. Highway 401 and NCSR 1436; thence running with the centerline of U.S. Highway 401, South 45 degrees 39 minutes 54 seconds East, 1897.39 feet to the POINT OF BEGINNING, a set p-k nail in the centerline of U. S. Highway 401, said p-k nai 1 representing the I centerline intersection of U.S. Highway 401 and a 30 foot wide (15 feet either side of center) temporary ingress-egress easement; thence running with the centerline of an existing cart path, South 45 degrees 25 minutes 13 seconds East, 553.79 feet to a point in the Eastern boundary of the tract which this easement serves, said point being, South 02 degrees 05 minutes 00 seconds East, 200.00 feet from a set rebar, the Northeast corner of the tract which this easement serves. The foregoing certificate(s) of is/a:e certified to be correct. This instrument and this cert~ficate are duly registered at the date and time and in the Bo~k and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY BY: Deputy/Assistant - Register of Deeds. I I