Loading...
HomeMy WebLinkAbout2016/09/19 RESOLUTION TO ACCEPT GIFT OF REAL PROPERTY FROM SHIRLEY C WICKER LILLINGTON TOWNSHIP RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO ACCEPT A GIFT OF REAL PROPERTY FROM SHIRLEY C.WICKER THAT WHEREAS, the County of Harnett, North Carolina (the "County") is a valid existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina; and WHEREAS. under the General Statutes and the common law, counties may acquire real property by gift; and WHEREAS, Shirley C. Wicker is the owner of a real property tract composed of approximately 0.577 acres which is located in Lillington Township in Harnett County contiguous to the Upper Little River which can be used as a recreation access point to the river; that Shirley C. Wicker desires to donate this real property tract to the County as a charitable gift, and the County has determined that the acceptance of this gift would be advantageous to the County and a great benefit to the citizens of Harnett County. NOW. THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AS FOLLOWS: 1. That the Board of Commissioners does hereby approve the acceptance of that General Warranty Deed charitable gift from Shirley C. Wicker as shown on the attached Exhibit 2. That the Board of Commissioners on behalf of all the citizens of Harnett County hereby extends its heartfelt thanks to Shirley C. Wicker for this generous and benevolent real property gift. 3. The Harnett County Attorney and County staff are hereby authorized and directed to prepare and record the necessary documents to effectuate the County's acceptance of this real property gift conveyance. Duly adopted this the 19th day of September. 2016. Ji /'.urgin, Chairmiw H.f ett County' Board of Commissioners STATE OF NORTH CAROLINA ) ) ss: COUNTY OF HARNETT ) I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett, North Carolina,DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled"RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO ACCEPT A GIFT OF REAL PROPERTY FROM SHIRLEY C. WICKER" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a meeting held on the 19th day of September, 2016. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina. this the 19th day of September, 2016. FGpiJMi$S -4 il • e. , Air!! — 2! a " 1 °' n ' * MAR rid RET RE► A WHEELER Clerk t the Boar. ,_ County of Harnett, North Carolina '.VF-i EXHIBIT"A" Prepared by and mail to: Attorney Dwight W. Snow, P.O. Box 397, Dunn, NC 28335 EXCISE TAX: $-0- GIFT PIN No: Out of 0567-58-2669.0000 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this day of September, 2016, by and between SHIRLEY C. WICKER, widow, of PO Box 147, Lillington, NC 27546 hereinafter called GRANTOR. to COUNTY OF HARNETT,a political subdivision of the State of North Carolina,of 102 Front St.. Lillington, N.C. 27546, hereinafter called GRANTEE. 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. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and 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 Lillington Township, Harnett County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" REAL PROPERTY LEGAL DESCRIPTION WITH RESTRICTIONS 1 All or a portion of the property herein conveyed does not include the primary residence of a Grantor. (N.C. Gen. Stat. §105-317.2). The property hereinabove described was acquired by Grantor through the Last Will of Bobby L. Wicker recorded in Harnett County File No.: 97-E-203. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: SEE ATTACHED EXHIBIT "B" TITLE EXCEPTIONS IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal,the day and year first above written. Shirley C. Wicker NORTH CAROLINA COUNTY OF HARNETT I, , a Notary Public, do hereby certify that Shirley C. Wicker personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and notarial seal, this the day of September, 2016. Notary Public My Commission Expires: 2 EXHIBIT "A" REAL PROPERTY LEGAL DESCRIPTION WITH RESTRICTIONS Beginning at an iron stake set in the eastern right of way margin of US Highway 401 (a 100 foot right of way) at a point which is the northwesternnmost corner of that 0.577 acre tract which is shown on that map recorded in Map No. 2016-110, Harnett County Registry; thence from said Beginning Point North 75 degrees 33 minutes 47 seconds East 51.15 feet to an iron stake set;thence South 14 degrees 26 minutes 13 seconds East 332.75 feet to an iron stake set; thence South 24 degrees 00 minutes 41 seconds East 152.12 feet to an iron stake set in the northern bank of the Upper Little River; thence running with the northern bank of the Upper Little River North 82 degrees 39 minutes 34 seconds West 80.86 feet to an iron stake set in the eastern right of way margin of US Highway 401;thence running with the eastern right of way margin of US Highway 401 North 14 degrees 36 minutes 35 seconds West 452.76 feet through a guardrail to the POINT OF BEGINNING containing 0.577 acre(25,166 square feet)as shown on that map dated March 2,2016 by Benton W. Dewar, PLS which is recorded as Map No. 2016-110, Harnett County Registry. The above described real property tract is conveyed subject to the following restrictions: (a) If the Grantee should develop or use all or a portion of the above described tract, then it shall only be developed and used for public recreation purposes or as an extension of the public recreation use of the Upper Little River. (b) If the Grantee should develop all or a portion of the above described tract for any purpose set forth in restriction (a) then the Bobby L. Wicker family retains naming rights for the recreation use subject to the approval of the Harnett County Board of Commissioners. 3 EXHIBIT "B" TITLE EXCEPTIONS Tract 1: I) Roadways and rights of way of record and those visible by an inspection of the property; including but not limited to the 100 foot right of way for US Highway 401. 2) Such facts as that an environmental study on the subject property by an environmental engineer would reveal. 3) Such facts that are disclosed by that survey map recorded in Map No. 2016-110, Harnett County Registry. 4) Riparian rights of others as to the flow of the Upper Little River. 5) Any government regulations concerning that portion of the subject property located in the FEMA mapped flood plain. 6) Local government zoning/planning regulations. 7) 2016 Harnett County ad valorem taxes which will be the responsibility of the Grantor to pay when due. 4 Prepared by and mail to: Attorney Dwight W. Snow, P.O. Box 397, Dunn, NC 28335 EXCISE TAX: $-0- GIFT PIN No: Out of 0567-58-2669.0000 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this _ d i s+day of September, 2016, by and between SHIRLEY C. WICKER, widow, of PO Box 147, Lillington, NC 27546 hereinafter called GRANTOR, to COUNTY OF HARNETT,a political subdivision of the State of North Carolina,of 102 Front St., Lillington, N.C. 27546, hereinafter called GRANTEE. 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. WITNES SETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and 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 Lillington Township, Harnett County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" REAL PROPERTY LEGAL DESCRIPTION WITH RESTRICTIONS 1 All or a portion of the property herein conveyed does not include the primary residence of a Grantor. (N.C. Gen. Stat. §105-317.2). The property hereinabove described was acquired by Grantor through the Last Will of Bobby L. Wicker recorded in Harnett County File No.: 97-E-203. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: SEE ATTACHED EXHIBIT "B" TITLE EXCEPTIONS IN WITNESS WHEREOF,the Grantor has hereunto set her hand and seal,the day and year first above written. L C. u Shirley C. Wier NORTH CAROLINA COUNTY OF HARNETT I, J/LLLt/rvt 11).. (QM, a Notary Public, do hereby certify that Shirley C. Wicker personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and notarial seal, this the 01 day of September,9240/11A/A- 11t - faa - Notary Public My Commission Expires: � .. P. �OTg9 `O • 1- ;2: ,92 4/B LIG :�V: c�cs , ��' TCOU *;0%� .le.... 2 EXHIBIT "A" REAL PROPERTY LEGAL DESCRIPTION WITH RESTRICTIONS Beginning at an iron stake set in the eastern right of way margin of US Highway 401 (a 100 foot right of way) at a point which is the northwesternnmost corner of that 0.577 acre tract which is shown on that map recorded in Map No. 2016-110, Harnett County Registry; thence from said Beginning Point North 75 degrees 33 minutes 47 seconds East 51.15 feet to an iron stake set;thence South 14 degrees 26 minutes 13 seconds East 332.75 feet to an iron stake set; thence South 24 degrees 00 minutes 41 seconds East 152.12 feet to an iron stake set in the northern bank of the Upper Little River; thence running with the northern bank of the Upper Little River North 82 degrees 39 minutes 34 seconds West 80.86 feet to an iron stake set in the eastern right of way margin of US Highway 401;thence running with the eastern right of way margin of US Highway 401 North 14 degrees 36 minutes 35 seconds West 452.76 feet through a guardrail to the POINT OF BEGINNING containing 0.577 acre(25,166 square feet)as shown on that map dated March 2, 2016 by Benton W. Dewar, PLS which is recorded as Map No. 2016-110, Harnett County Registry. The above described real property tract is conveyed subject to the following restrictions: (a) If the Grantee should develop or use all or a portion of the above described tract, then it shall only be developed and used for public recreation purposes or as an extension of the public recreation use of the Upper Little River. (b) If the Grantee should develop all or a portion of the above described tract for any purpose set forth in restriction (a) then the Bobby L. Wicker family retains naming rights for the recreation use subject to the approval of the Harnett County Board of Commissioners. 3 EXHIBIT "B" TITLE EXCEPTIONS Tract 1: 1) Roadways and rights of way of record and those visible by an inspection of the property; including but not limited to the 100 foot right of way for US Highway 401. 2) Such facts as that an environmental study on the subject property by an environmental engineer would reveal. 3) Such facts that are disclosed by that survey map recorded in Map No. 2016-110, Harnett County Registry. 4) Riparian rights of others as to the flow of the Upper Little River. 5) Any government regulations concerning that portion of the subject property located in the FEMA mapped flood plain. 6) Local government zoning/planning regulations. 7) 2016 Harnett County ad valorem taxes which will be the responsibility of the Grantor to pay when due. 4