HomeMy WebLinkAboutJuly 9, 2024 Regular MeetingAGENDA
Lillington Board of Commissioners
Regular Monthly Meeting
Lillington Town Hall
102 East Front Street
Lillington, North Carolina 27546
July 9, 2024 6:00pm
CALL TO ORDER MAYOR GLENN MCFADDEN
WELCOME MAYOR GLENN MCFADDEN
PLEDGE OF ALLEGIANCE MAYOR GLENN MCFADDEN
INVOCATION COMMISSIONER MARSHALL PAGE
CONSIDERATION OF AGENDA
PUBLIC COMMENT Public comment is an opportunity for citizens wishing to present unscheduled items of concern or
interest to the Commissioners. It is requested that citizens limit their presentations to three (3)
minutes.
CONSENT AGENDA
All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately.
Item #1 Approval of Work Session Minutes from June 10, 2024
Item #2 Approval of Regular Session Minutes from June 11, 2024
Item #3 Approval of Special Meeting Minutes from June 27, 2024
Item #4 Approval of Pipeline Crossing License Agreement RFCC2023039
Item #5 Approval of Commercial Lease Agreement between the Town of Lillington and
the Harnett County Board of Education regarding the “P D Hut”
Item #6 Approval of Contract and Use Agreement between the Town of Lillington and the Harnett County Board of Education regarding STAR Academy
Town of Lillington | 2 Item #7 Approval of Golden LEAF Foundation (“Golden Leaf”) Grantee
Acknowledgement and Agreement – G-202412-08829/ Harnett Street Stormwater
Improvements Item #8 Approval of Infrastructure Agreement between the Town of Lillington and KDP Development, LLC
OLD BUSINESS Item #9 Consideration of Approval of Ordinance to Extend the Corporate Limits of the Town of Lillington (G&J Development, LLC) Lindsey B. Lucas, Town Clerk
PUBLIC HEARING
Item #10 Public Hearing on the Question of Zoning Assignment for Newly Incorporated
City Limits – G&J Development
Landon Chandler, Planning Director Item #10A Consideration of Approval of an Ordinance to Apply the Lillington Zoning
Ordinance to the Newly Incorporated City Limits. (G&J Development, LLC)
Landon Chandler, Planning Director NON-AGENDA ITEMS
Non-Agenda items is an opportunity for the Commissioners, Attorney or Staff to present unscheduled
items that need consideration by the Board.
ADJOURNMENT
AGENDA ITEM SUMMARY
Date of Meeting: July 9, 2024
Staff Work By: Lindsey B. Lucas, Town Clerk
Lisa B. Young, Assistant Town Manager
Joseph Jeffries, Town Manager
Alicia Adams, Administrative Services Director
AGENDA ITEM
Consent Agenda Items
ITEM SUMMARY
All items on the Consent Agenda are considered routine, to be enacted by one motion without
discussion. If a Governing Body member or citizen requests discussion of an item, the item will be
removed from the Consent Agenda and considered separately:
Item #1 Approval of Work Session Minutes from June 10, 2024
Item #2 Approval of Regular Session Minutes from June 11, 2024 Item #3 Approval of Special Meeting Minutes from June 27, 2024
Item #4 Approval of Pipeline Crossing License Agreement RFCC2023039 Item #5 Approval of Commercial Lease Agreement between the Town of Lillington and the Harnett County Board of Education regarding the “P D Hut”
Item #6 Approval of Contract and Use Agreement between the Town of Lillington and the Harnett County Board of Education regarding STAR Academy
Item #7 Approval of Golden LEAF Foundation (“Golden Leaf”) Grantee Acknowledgement
and Agreement – G-202412-08829/ Harnett Street Stormwater Improvements Item #8 Approval of Infrastructure Agreement between the Town of Lillington and KDP Development, LLC
RECOMMENDED ACTION Approve consent agenda items as recommended by staff.
AGENDA ITEMS #1-8
Lillington Board of Commissioners June 10, 2024 Work Session Meeting Minutes
Work Session Meeting of the Town Board of the Town of Lillington, Monday, June 10,
2024 at 8:30 a.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North
Carolina.
Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Neil McPhail Commissioner Rupert Langdon Commissioner Marshall Page
Commissioner Danny Babb
Board Members Absent: Commissioner Patricia Moss Staff Present: Joseph Jeffries, Town Manager
Lisa Young, Assistant Town Manager
Lindsey Lucas, Town Clerk John Bethune, Fire Chief Shane Cummings, Engineer Brian Hyde, Senior Infrastructure Inspector
Ashley Wimberly, Public Works Director
Skylar Russel, Assistant Public Works Director William Baker, Parks and Recreation Director Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m.
NEW BUSINESS Item #1 Update on School Resource Officer Program Reimbursement Agreement Mayor Mcfadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries explained he spoke with Harnett County Manager Brent Trout and stated he wanted the contract revised to identify 1
SRO position. The contract will be from July, 2024 through June, 2025. The position for the SRO officer will be at STAR Academy and we will give them the actual cost of the position. Item #2 Administrative Reports
Monthly Financial Report – Mayor Glenn McFadden recognized Lisa Young, Assistant Town
Manager. Ms. Young reviewed the monthly summaries for the Town’s revenues, expenditures,
and year-to-date fund balances in the General Fund, Water/Sewer Fund, and the Powell Bill
Fund for the month of May.
Town Manager’s Report – Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager.
Mr. Jeffries gave the following updates;
- The Golden Leaf grant will be providing funding for the stormwater downtown
- The stormwater project by the River Park should be wrapping up this week.
- Someone bid on the pool in Lillington -The highest bidder was $38,000 and it was now in
the upset bid process.
- Began discussions with the county for the Urban Service Area and Water Sewer agreement.
- Update and guidance on how to move forward with history museum
Lillington Board of Commissioners June 10, 2024 Work Session Meeting Minutes
Item #3 Discussion of Regular Meeting Agenda for June 11, 2024
Mayor Glenn McFadden reviewed the Agenda for the June 11, 2024, Regular Meeting.
Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Babb and a second by Commissioner Page.
Attest:
____________________________ _______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
Lillington Board of Commissioners June 11, 2024
Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, June 11,
2024 at 6:00 p.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North
Carolina.
Board Members Present: Mayor Glenn McFadden
Mayor Pro Tempore Neil McPhail
Commissioner Marshall Page
Commissioner Rupert Langdon
Commissioner Danny Babb
Commissioner Patricia Moss
Staff Present: Joseph Jeffries, Town Manager
Lisa Young, Assistant Town Manager
Lindsey B. Lucas, Town Clerk
Alicia Adams, Administrative Services Director
Landon Chandler, Planning Director
Frank Powers, Police Chief
William Baker, Parks & Recreation Director
Rachel Hairr, Attorney
Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order and welcomed
those in attendance at 6:00 p.m.
Invocation: Commissioner Page held the invocation.
Agenda Consideration: Mayor Glenn McFadden presented the agenda for the consideration by
the Town Board. Commissioner Page moved to approve the agenda as presented. The motion
was seconded by Commissioner McPhail and approved unanimously. (Minute Book Notation:
Agenda is on file at Lillington Town Hall).
Public Comment: Mayor Glenn McFadden inquired as to whether anyone wished to address the
Town Board.
No one was signed up
Consent Agenda: Commissioner Langdon moved that the consent agenda items be approved as
submitted to the Board. The motion was seconded by Commissioner Page and the following
consent agenda items were approved unanimously.
Lillington Board of Commissioners June 11, 2024
Item #1
Work Session Minutes from May 13, 2024
Item #2
Closed Session Minutes from May 13, 2024
Item #3
Regular Session Minutes from May 14, 2024
Item #4
Special Meeting Minutes from May 23, 2024
Item #5
FY23-24 Budget Amendment #8
Item #6
Approval of Computer Services Agreement between the Town of Lillington and
County of Harnett
Item #7
Approval of Equipment Lease (Viper Radios) Agreement between the Town of
Lillington and County of Harnett
PUBLIC HEARING Item #8 Public Hearing for Consideration of Approval of Proposed Fiscal Year (FY) 2024-2025 Town of Lillington Annual Budget per § 159-13.
Mayor Glenn McFadden opened the Public Hearing at 6:02 p.m.
Mayor McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries briefed the Board on the Proposed Fiscal Year 2024-2025 Annual Budget. He explained the budget was prepared in accordance with §159-8. Mr. Jeffries went into detail with the Board describing the proposed
budget, which includes the Budget Ordinance, Fee Schedule, Manager’s Message, and itemized
budget for each fund. Mr. Jeffries highlighted the changes outside of general operations, which includes a five percent cost of living increase for full time employees, a new planning and inspections position, a new police position, and a new fire position. The employer contribution retirement rates were increased .78% for general employees and 1% for police officers.
Mr. Jeffries thanked all staff and the Board of Commissioners for all their hard work and support during the preparation of the budget. Mayor McFadden polled the Board of Commissioners and there were no additional questions.
As there were no other speakers, the Public Hearing was closed at 6:12 p.m.
Item #8A Consideration of Approval of FY2024-2025 Budget Ordinance
A motion was made by Commissioner Page to approve Fiscal Year 2024-2025 Budget
Ordinance. The motion was seconded by Commissioner Langdon and approved unanimously.
Item #9 Public Hearing on the Closure of East Duncan Street, East Edgar Street and Marcelle Brown Jr. Way for the Town of Lillington July 4th Celebration
Lillington Board of Commissioners June 11, 2024
Mayor McFadden opened the Public Hearing at 6:13 p.m.
Mayor McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated that the Lillington
Parks and Recreation Department is requesting to temporarily close E Duncan Street, East Edgar Street, and S 1st Street from 11:00 a.m. to 12:00 a.m. on July 4, 2024 for the Lillington July 4th Celebration.
With no additional comments, Mayor McFadden closed the Public Hearing at 6:14 p.m. Item #9A Consideration of Approval of the Closure of East Duncan Street, East Edgar Street and Marcelle Brown Jr. Way for the Town of Lillington July 4th Celebration A motion was made by Commissioner Langdon to approve the Closure of 1st Street and East
Duncan for the Town of Lillington July 4th Celebration. The motion was seconded by
Commissioner McPhail and unanimously approved. Item #10 Public Hearing on the Question of Annexation of the non-contiguous Satellite Area PIN #: 0662-90-5908.000. Case Number ANX-24-03 – G&J Development, LLC
Mayor McFadden opened the Public Hearing at 6:14 p.m.
Mayor Glenn McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas explained that at the last board meeting on May 14, 2024, a public hearing was set for today on the question of annexation for the referenced property. Ms. Lucas stated at this time staff have not received all
the required information and asked the Board to table the annexation until all paperwork had
been received. Howard Babbitt of 56 E Williams Street-Angier, NC 27501 – Mr. Babbitt stated he owns the mobile home park that joins the property in question and wanted to know if water and sewer
would become available if the property was annexed into the town.
With no additional comments, Mayor McFadden closed the Public Hearing at 6:16 p.m. Item #10A Consideration of Approval of An Ordinance to Extend the Corporate Limits of
the Town of Lillington – G&J Development, LLC
Commissioner Page made a motion to table the annexation until all documentation had been received. Commissioner McPhail seconded the motion that passed unanimously. Item #11 Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits – G&J Development A motion was made by Commissioner Page to table the public hearing. Commissioner Moss seconded the motion that passed unanimously.
Item #11A Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits – G&J Development, LLC
A motion was made by Commissioner Page to table the consideration of approval of an ordinance to apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits. Commissioner Moss seconded the motion that passed unanimously.
Lillington Board of Commissioners June 11, 2024
Item #12 Public Hearing on Consideration of Text Amendment to Article I of the Lillington Unified Development Ordinance
Mayor Glenn McFadden opened the Public Hearing at 6:18 p.m.
Mayor McFadden recognized Landon Chandler, Planning Director. Mr. Chandler explained the request to
make an amendment to article I of the Unified Development Ordinance. Mr. Chandler stated we are
proposing to add Agritourism authority within the incorporated areas of town.
With no additional comments, Mayor McFadden closed the Public Hearing at 6:19 p.m.
Item #12A Consideration of Approval of the Text Amendment to Article I of the Lillington
Unified Development Ordinance
Commissioner Langdon made a motion to approve the Text Amendment to Article I of the Lillington Unified Development Ordinance. Commissioner McPhail seconded the motion that passed unanimously.
Item #13 Public Hearing on Consideration of Text Amendment to Article III of the Lillington Unified Development Ordinance Mayor Glenn McFadden opened the Public Hearing at 6:19 p.m.
Mayor McFadden recognized Landon Chandler, Planning Director. Mr. Chandler explained the request to
make an amendment to article III of the Unified Development Ordinance. Mr. Chandler stated we are
proposing to add Agritourism authority to the Use Standards.
With no additional comments, Mayor McFadden closed the Public Hearing at 6:21 p.m.
Item #13A Consideration of Approval of the Text Amendment to Article III of the Lillington Unified Development Ordinance
Commissioner McPhail made a motion to approve the Text Amendment to Article III of the Lillington Unified Development Ordinance. Commissioner Langdon seconded the motion that passed unanimously.
Landon Chandler, Planning Director asked the Board if he could add a second part to the Text
Amendment to Article III. The Board approved his request.
Mayor Glenn McFadden opened the Public Hearing at 6:21 p.m.
Mr. Chandler explained the proposed text amendment takes “Community Support Facility” out of the
potential uses in the Central Business (CB) category and changing the permitted use to Special Use in
several other categories as shown within the table. The Planning Department was asked to consider
moving this particular use to a more restricted level. There is potential for adverse impact with other
similar retail uses has been evaluated and it is my conclusion that reclassifying this use differently is
warranted.
With no additional comments, Mayor McFadden closed the Public Hearing at 6:23 p.m.
Commissioner McPhail made a motion to approve the second part of the Article III Text Amendment.
Commissioner Langdon seconded the motion that passed unanimously.
Lillington Board of Commissioners June 11, 2024
Item #14 Public Hearing on Consideration of Text Amendment to Article X of the Lillington Unified Development Ordinance
Mayor Glenn McFadden opened the Public Hearing at 6:24 p.m.
Mayor McFadden recognized Landon Chandler, Planning Director. Mr. Chandler explained the request to
make an amendment to article X of the Unified Development Ordinance. Mr. Chandler stated the proposal
would be to add the definition of Agritourism to article X.
With no additional comments, Mayor McFadden closed the Public Hearing at 6:24 p.m.
Item #14A Consideration of Approval of the Text Amendment to Article X of the Lillington
Unified Development Ordinance
Commissioner Page made a motion to approve the Text Amendment to Article X of the Lillington Unified Development Ordinance. Commissioner Moss seconded the motion that passed unanimously.
Non-Agenda Items: Mayor Glenn McFadden inquired as to whether there were any non-agenda items that should be addressed by Town Board members or staff. The Board thanked staff for the time and effort they put in to preparing the Budget.
Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Langdon and a second by Commissioner Page.
Attest:
____________________________ ____________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
Lillington Board of Commissioners June 27, 2024 Special Session Meeting Minutes
Work Session Meeting of the Town Board of the Town of Lillington, Thursday, June 27,
2024 at 8:30 a.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North
Carolina.
Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Neil McPhail Commissioner Rupert Langdon Commissioner Marshall Page
Commissioner Danny Babb
Commissioner Patricia Moss Staff Present: Lisa Young, Assistant Town Manager Lindsey Lucas, Town Clerk
Alicia Adams, Administrative Services Director
Landon Chandler, Planning Director Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m.
NEW BUSINESS Item #1 Discussion and Consideration of Approval of Budget Amendment #9 Mayor McFadden recognized Lisa Young, Assistant Town Manager. Ms. Young asked the Board to consider approving the final budget amendment for the fiscal year. Commissioner Page
made a motion to approve Budget Amendment #9. Commissioner McPhail seconded the motion that passed unanimously. Item #2 Discussion Regarding Alternative Lot Clearing Methods Mayor McFadden stated the owner of the Cigar Lounge asked if they could use goats to clear the
underbrush out behind the business. The Lillington Code of Ordinances specifically states in Chapter 90.21 that goats cannot be kept in town limits. After discussion with the Board, it was the consensus to deny this request. Item #3 Discussion Regarding Harmony Baptist Church Sewer Connection
Mayor McFadden explained that Harmony Baptist Church is wanting to expand and build a fellowship hall. For them to do this, they will need to tie into the town’s sewer system. They also requested that the fees for this be waived. They are not within corporate limits but after discussions with the board it was the consensus to allow them to connect to the sewer system without being annexed into the town. System development fees cannot be waived so they will
have to pay for the connection. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Babb and a second by Commissioner Page.
Lillington Board of Commissioners June 27, 2024 Special Session Meeting Minutes
Attest:
____________________________ _______________________________
Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
Page 1 of 8
PIPELINE CROSSING LICENSE AGREEMENT
RFCC2023039
THIS LICENSE AGREEMENT made and effective as of January 2,2024 by and between RALEIGH &
FAYETTEVILLE RAILROAD, LLC., whose mailing address is 101 R. J. Corman Drive, P.O. Box 788,
Nicholasville, KY, 40340, hereinafter called "Licensor", and TOWN OF LILLINGTON, whose mailing address
is P.O. Box 296 Lillington, NC. 27546, hereinafter called "Licensee",
WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline or duct work, for the transmission
of sewage, hereinafter called Pipeline, under or over the track(s) and property owned or controlled by Licensor
at or near City of Lillington, County of Harnett, State of North Carolina, at a Licensor’s Milepost 15, Raleigh
& Fayetteville Branch, hereinafter called the "CROSSING"; as shown on print of Licensee's drawings attached
hereto, and made a part hereof; other details and data pertaining to said Pipeline being as indicated on
Licensee's application forms dated October 03, 2023, also attached hereto and made a part hereof:
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms, and agreements
herein contained, the parties hereto agree, and covenant as follows:
1. LICENSE:
1.1 Licensor, insofar as it has the legal right, power, and authority to do so, and subject to:
(A) Licensor's present and future right to occupy, possess and use its property within the area
of the Crossing for any and all purposes.
(B) All encumbrance, conditions, covenants, easements, and limitations applicable to
Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein contained.
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter, or change said
Wireline at the Crossing above for the term herein stated, and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casings, vents, manholes, connectors,
fixtures, appliances, and ancillary facilities devoted exclusively to the transmission usage above within the
Crossing and as shown on attached Application Form.
1.3 No additional pipeline or other facilities shall be placed, allowed, or maintained by Licensee in,
upon or along the Crossing except upon separate prior written consent of Licensor.
2. LICENSE FEE, TERM:
2.1 Licensee shall pay to Licensor a one-time license fee of $22,800.00, payable in advance. This
license shall remain in effect unless terminated subject to Section 18.
2.2 Intentionally left blank.
2.3 Licensee agrees that the License Fee applies only to the original Licensee under this Agreement. In
the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee
changes its name, then Licensee shall be subject to payment of Licensor’s current administrative and document
Page 2 of 8
preparation fee of five hundred dollars ($500.00) for the cost incurred by Licensor in preparing and maintaining
this Agreement on a current basis.
2.4 In any term, Licensee shall indemnify Licensor against and shall pay directly or reimburse Licensor
for any additional taxes and/or assessments levied against Licensor or Licensor's property, on account of
Pipeline or Crossing.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee, at its sole cost and expense, shall construct, maintain, relocate, repair, renew, alter, and/or
remove said Pipeline, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard (s)or regulation(s) of Licensor, Licensee's particular industry, A.R.E.M.A., or any
governmental or regulatory body having jurisdiction over the Crossing or Pipeline.
3.2 Location and construction of Pipeline shall be made strictly in accordance with designs and
specifications furnished to and approved by Licensor, and of material(s) and size(s) appropriate for the
purpose(s) above recited.
3.3 All Licensee's work and execution of rights hereunder shall be undertaken at time(s) satisfactory to
Licensor and in a manner so as to eliminate or minimize any impact on or interference with the safe use and
operation of Licensor's property and appurtenances thereto.
3.4 In the installation, maintenance, repair and/or removal of said Pipeline, Licensee shall not use
explosives of any type or perform or cause any blasting without the separate express written consent of
Licensor. In the event such consent is extended, a representative will be assigned by Licensor to monitor
blasting and protect Licensor’s interests, and Licensee shall reimburse Licensor for the entire cost and/or
expense of furnishing said representative.
3.5 Any repairs or maintenance to Pipeline which are necessary to protect or facilitate Licensor's use of its
property, shall be made by Licensee promptly, but in no event later than ten (10) days after Licensee has notice
as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from
damage or injury, may request immediate repair or renewal of the Pipeline, and if the same is not performed,
may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. Licensor
shall invoice Licensee for the cost of said repairs which shall be paid within 30 days or Licensee shall be in
default.
3.7 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from
train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or
conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance
to Pipeline whether or not said repairs or maintenance result from acts of Licensee, natural or weather events or
otherwise.
3.8 Neither the failure of Licensor to object to any work done, material used, or method of construction or
maintenance of said Crossing, nor any approval given or supervision exercised by Licensor, shall be construed
as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations,
liability and/or responsibility of Licensee under this Agreement.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use by Licensee of the Crossing for the contracted
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purpose, Licensee, at its sole cost and expense, shall obtain all necessary permits or licenses from any federal,
state or local public authorities having jurisdiction over the Crossing or its intended use, and shall thereafter
observe and comply with the requirements of such public authorities, and all applicable laws and regulations
and future modifications thereof.
4.2 Licensee shall also defend, protect, and hold Licensor harmless for failure to obtain such permits or
licenses, any violations thereof, or for costs or expenses of compliance or remedy.
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation upon Licensor's property, Licensee, at its sole cost and
expense, shall:
(A) Erect, maintain and periodically verify the accuracy of above ground markers, in a form approved
by Licensor, indicating the location, depth and ownership of Pipeline or other facilities; and
(B) Support track and roadbed of Licensor, in a manner satisfactory to Licensor.
5.2 After construction of Pipeline, Licensee shall restore said track(s), roadbed, and other disturbed property
of Licensor, and shall leave same in a condition satisfactory to Licensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of
Licensor, and shall either remove any surplus earth or material from Licensor's property or cause said surplus
earth or material to be placed and distributed at location(s) and in such manner as Licensor may direct.
6. TRACK CHANGES:
6.1 In the event that Licensor's ongoing operating needs and/or maintenance result in the future raising or
lowering of Licensor's tracks, or in the event future use by Licensor of right-of-way and property (including any
relocation of, changes in or additions to Licensor's track(s) or other facilities necessitate any change of location,
height or depth of Pipeline or Crossing, Licensee, at its sole cost and expense and within twenty (20) days after
notice in writing from Licensor, shall make changes in Pipeline or Crossing to accommodate Licensor. Any
additional costs or expenses incurred by Licensor to accommodate the use of Licensor's property by Licensee
shall also be paid by Licensee.
6.2 Licensee agrees to periodically monitor and verify the depth or height of Pipeline and Crossing. Should
relocation or change be necessary to comply with the minimum clearance requirements of this Agreement, these
changes shall be made at the Licensee's sole cost and expense.
7. PIPE CHANGES:
7.1 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of
Pipeline (including any changes in circumference, diameter, or radius of pipe or change in materials transmitted
in and through said pipe), plans therefor shall be submitted to Licensor along with new application fee and
approval must be received before any such change is made. After approval, the terms and conditions of this
Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 If the operation, existence or maintenance of said Pipeline, at any time in the judgment of Licensor,
causes: (a) interference with Licensor's communication, signal or other wires, train control system, or facilities;
or (b) interference in any manner with the operation, maintenance or use by Licensor of its right-of-way,
track(s), structures, pole lines, devices, other property, or any appurtenances thereto; then and in either event,
Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost
Page 4 of 8
and expense, shall promptly make such changes in its Pipeline as may be required in the judgment of Licensor
to eliminate all such interference.
8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor hereby reserves the right
to inspect same and to require Licensee to undertake repairs, maintenance or adjustments to Pipeline, which
repairs, maintenance or adjustments Licensee hereby agrees to make promptly, at Licensee's sole cost and
expense.
9. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed that:
9.1 Licensee hereby assumes, and shall at all times hereafter release, indemnify, defend and save Licensor
harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may
suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever
(including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of
any property whatsoever, arising out of, resulting from, or in any way connected with the construction,
presence, existence, repair, maintenance, replacement, operations, use or removal of Pipeline or any structure in
connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT
when caused solely by the willful misconduct or gross negligence of Licensor. However, during any period of
actual construction, repair, maintenance, replacement or removal of the Pipeline when equipment, agents or
personnel of Licensee are on the railroad right-of-way, Licensee's liability hereunder shall be absolute,
irrespective of any sole fault or negligence of Licensor.
9.2 Use of Licensor's property involves certain risks of loss of damage as a result of Licensor's rail
operations. Notwithstanding Section 9.1, Licensee hereby assumes all risk of loss and damage to Licensee's
Property or Pipeline which may result from fire or derailment resulting from Licensor's rail operations, and
Licensee hereby agrees to defend, protect, save harmless and indemnify Licensor from all claims of third parties
for any loss of or damage to property of said third parties situated or placed upon Licensor's property by
Licensee or by such third parties at request of or for benefit of Licensee, resulting from fire or derailment.
9.3 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which in any way may
result from Licensee's failure to maintain either required clearances for any overhead Pipeline or the required
depth and encasement for any underground Pipeline, whether or not such loss(es) result(s) in whole or part from
Licensor's contributory negligence or joint fault.
9.4 Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless
from (a) all claims, costs and expenses, including reasonable attorneys’ fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the Crossing area, arising from or in
connection with the use of this Crossing or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline: (b) any claim or liability arising under federal or state law
dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising
therefrom or the remedy thereof: and (c) any subsidence or failure of lateral or subjacent support of the tracks
arising from such Pipeline leakage.
9.5 All obligations of Licensee hereunder to release, indemnify and hold Licensor harmless shall also
extend to officers, agents and employees or Licensor, and to companies and other legal entities that control or
are controlled by or subsidiaries of or are affiliated with Licensor, and their respective, officers, agents and
employees.
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of Premises pursuant to this Agreement,
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Licensee shall procure and shall maintain during the continuance of this Agreement, at its sole cost and
expense, a policy of Public Liability Insurance or Commercial General Liability Insurance, and covering
liability assumed by Licensee under this Agreement and naming Licensor as an additional insured. A coverage
limit of not less than ONE MILLION DOLLARS ($1,000,000.) Combined Single Limit per occurrence for
bodily injury liability and property damage liability is required and TWO MILLION DOLLARS ($2,000,000.)
is recommended as a prudent limit to protect Licensee's assumed obligations. The evidence of insurance
coverage shall be endorsed to provide for thirty (30) days’ notice to Licensor prior to cancellation or
modification of any policy. Certificate of insurance should reference Agreement number and should be mailed
each successive year to the address listed above.
10.2 If said policy does not automatically cover Licensee's contractual liability during periods of survey,
installation, maintenance and continued occupation, a specific endorsement adding such coverage shall be
purchased by Licensee. If said policy is written on a "claims made" basis instead of an "occurrence" basis,
Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk.
10.3 Licensor may at any time request evidence of insurance purchased by Licensee to comply with this
requirement and may demand that Licensee purchase insurance deemed adequate by Licensor. Failure of
Licensee to comply with Licensor's demand shall be considered a default, subject to Article 18.
10.4 Securing by Licensee of insurance hereunder shall not limit Licensee's liability under this Agreement
but shall be additional security therefor.
10.5 Licensee, its agents or contractors, shall procure, and shall maintain during the construction phase of
this agreement, at its sole cost and expense, a policy of Railroad Protective Liability Insurance, naming
Licensor as insured with limits of TWO MILLION DOLLARS ($2,000,000.) per occurrence and/or aggregate
limit of SIX MILLION DOLLARS ($6,000,000.).
11. GRADE CROSSINGS:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any
vehicles or equipment over track(s) of Licensor.
12. FLAGGING:
12.1 If Licensor deems it advisable, during the progress of any construction, maintenance, repair, renewal,
alteration, change or removal of said Pipeline, to place watchmen, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at the Crossing, Licensor shall have the
right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so.
13. LICENSOR'S COSTS:
13.1 Licensor’s expense for wages and material for any work performed at the expense of Licensee
pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor.
13.2 Such expense shall include, but not be limited to, cost of railroad labor, cost of supervision, traveling
expenses, Federal Railroad Retirement and Unemployment Taxes, and vacation allowances for Licensor's
employees, and insurance and freight and handling charges on all material used. Any equipment rentals shall be
payable by Licensee in accordance with Licensor's fixed applicable rate.
13.3 All bills not paid within said thirty (30) days shall thereafter accrue interest at twelve percent (12%)
per annum unless limited by law, and then at the highest rate so permitted.
14. TERMINATION, REMOVAL:
Page 6 of 8
14.1 On or before the termination of this Agreement, or within thirty (30) days of cancellation or
revocation, Licensee, at its sole risk and expense, shall remove Pipeline from the Property of Licensor, unless
the parties hereto agree otherwise, and shall restore Property of Licensor in a manner satisfactory to Licensor,
and reimburse Licensor all loss, cost or expense Licensor may suffer resulting from removal. If Pipeline is not
removed within thirty (30) days of cancellation or revocation, Licensor may remove said Pipeline at Licensee’s
expense.
14.2 All rights which Licensee may have hereunder shall cease and end upon the date of expiration of term
or revocation: provided, however, that termination or revocation of this Agreement shall not affect any claims
and liabilities which may have arisen or accrued hereunder, and which at the time of termination or revocation
have not been satisfied.
15. NOTICE:
15.1 Licensee shall give Licensor at least five (5) days written notice before doing any work of any
character hereunder on Licensor's property, except that in cases of emergency shorter notice may be given.
15.2 All notices and communications concerning this Agreement shall be addressed to Licensee, at the
address previously shown and to Licensor, at the address previously shown, or at such other address as either
party may designate, in writing, to the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or
Registered Mail, Return Receipt Requested, and shall be effective upon receipt or refusal of delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensor's
prior written consent to any assignment of Licensee's interest herein: said consent shall not be unreasonably
withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and insure to the benefit of the
parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation,
reorganization, etc.) or their change of legal existence or status of Licensee, with a copy of all documents
attesting to such change or legal succession, within thirty (30) days thereof.
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee,
lessee or vendee of Licensor’s underlying property interests in the Crossing, upon written notice thereof to
Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublease or encumbrance of this
Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement at
any time by giving Licensee or any such assignee written notice of such revocation; and Licensor may
thereupon enter and retake possession of the premises. Licensee shall reimburse Licensor for any loss, cost or
expense Licensor may incur as a result of Licensee’s failure to obtain said consent.
17. TITLE:
17.1 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property
occupied by Licensee's Pipeline, nor shall the exercise of this Agreement for any length of time give rise to any
right title or interest in License to said property other than the license herein created.
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18. DEFAULT BY LICENSEE:
18.1 The proper and complete performance of each and every of the covenants of this license shall be
deemed of the essence of this Agreement, and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty (30) days after receiving a written
notice from Licensor to do so, Licensor shall have the option of terminating this Agreement, regardless of
license fee(s) having been paid in advance for any annual or other period, and revoking the privileges and
powers hereby conferred upon Licensee.
19. BREACH, WAIVER:
19.1 Neither the failure of Licensor to object to any work done, material used, or method of construction or
maintenance of said Crossing, nor any approval given or supervision exercised by Licensor, shall be construed
as an admission of liability or responsibility by Licensor, or as waiver by Licensor of any of the obligations,
liability and/or responsibility of Licensee under this Agreement.
20. ENTIRETY, EXCLUSIVITY:
20.1 This Agreement contains the entire understanding between the parties hereto.
20.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by
reference, shall operate, or be construed as being for the benefit of any third person.
21. FORM, LAW FORUM:
21.1 The form or any language of this Agreement shall not be interpreted or construed in favor of or against
either party hereto as the drafter thereof.
21. 2 This agreement is executed under current interpretation of applicable Federal, State, County,
Municipal or other local statute, ordinance, or law(s). However, each separate division (paragraph, clause, item,
term, condition, covenant or agreement) herein shall have independent and severable status for the
determination of legality, so that if any separate division is determined to be void or unenforceable for any
reason, such determination shall have no effect upon the validity or enforceability of each other separate
division, or any combination thereof.
21.3 This Agreement shall be construed and governed by the laws of the state in which the Pipeline is
located.
22. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
(x) None
( ) Open-cut or tunneling construction limits
( ) Flammable or combustible product limits
( ) Pipe pressure limits
( ) Telecommunication cable or fiber optic line
( ) Public highway or municipal occupancy rider
( ) Hazard material transmission
( ) Other:
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate as of the date and year
first above written.
Witness for Licensor: RALEIGH & FAYETTEVILLE RAILROAD, LLC.
Name:
Print Name: Deborah J. Hawley
Print Title: Director- Real Estate & Contracts
Witness for Licensee: TOWN OF LILLINGTON
By: __________________________________
Print Name: ____________________________
Print Title: ___________________________
License Agreement # RFCC2023039
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NORTH CAROLINA HARNETT COUNTY
COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT, dated ________________________ , is made by and
between TOWN OF LILLINGTON (LESSOR), and HARNETT COUNTY BOARD OF
EDUCATION (LESSEE).
WITNESSETH:
That for and in consideration of the covenants and agreements hereinafter set forth, to be
kept and performed by the LESSEE, the LESSOR does hereby lease unto the LESSEE, for the
term hereinafter specified, that property as hereinafter described.
TO HAVE AND TO HOLD the said lands and premises together with all privileges and
appurtenances thereunto belonging to the LESSOR located on the leased premises, for the term
hereinafter stated and upon the following conditions:
1. Premises: Shall be that commercial space known as the “P D Hut” located at 501 W IVEY ST LILLINGTON, NC 27546.
2. Term: This Lease Agreement shall have a term one year, which shall
automatically renew for additional one-year terms for a total of up to ten years
unless the Lessee gives notice in writing to Lessor of its intent to terminate the
lease. Said notice to terminate may be given at any time and propose a
termination date at the end of, or during, any lease term. If after ten (10) years the
P.D. Hut is still in regular use by the Harnett County Board of Education, the
parties may agree on additional lease terms.
3. Rent: Rent of this lease shall be $0.00 per year.
3. Condition of the Property: LESSOR agrees to deliver possession of the
premises in a state of ordinary repair AS IS. LESSEE, at its own expense, agrees to be
responsible for all general maintenance and ordinary repairs of said premises it being the
intent of this lease that LESSEE is to be responsible, financially and otherwise, for the
day-to-day general repair and ordinary maintenance of the premises. LESSEE, at its own
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expense, with prior written notice to LESSOR and agreement of LESSOR, which shall
not unreasonably be withheld, may place or install upon the leased premises such fixtures
and equipment as shall be reasonably necessary for the conduct of its business thereon.
The parties agree that any permanent improvements, alterations or fixtures
placed on the premises by LESSEE shall become part of the realty and shall not be
removed by LESSEE at the termination of this lease.
4. Regulatory Compliance: LESSEE shall obey and comply with all lawful
requirements, rules, regulations, and ordinances of all legally constituted authorities,
Federal, State, and local, governing the use of the leased premises by LESSEE, including
but not limited to the Occupational Safety and Health Act (OSHA), and Americans With
Disabilities Act (ADA). LESSEE is solely responsible at its own expense for obtaining
any licenses, permits, or applications necessary for the operation of LESSEE’s business
on the leased premises.
5. Taxes & Utilities: During the term of this lease, LESSOR shall pay the ad
valorem real property taxes and assessments. LESSEE shall list with the appropriate
taxing authorities its trade fixtures, furnishings, equipment and other personal property
located on the premises and shall promptly pay, in its entirety, the taxes imposed thereon
when the same is due. LESSEE shall be responsible for paying all utilities including
electric, gas, water, telephone, and/or otherwise as the case may be.
6. Indemnification of LESSOR: The LESSEE agrees to indemnify, defend, and to
save harmless LESSOR against and from any and all claims by or on behalf of any
person, firm, or corporation arising by reason of injury or loss of life, to person and injury
to property occurring on or in the leased premises occasioned in whole or in part by any
act or omission on the part of LESSEE, its officers, agents, employees (whether or not
acting within the scope of employment), invitees, licensees, or other persons using said
premises for the benefit of LESSEE, or by reason of any unlawful use of the leased
premises or by reason of any breach, violation, or nonperformance of any covenant in this
lease.
7. Insurance: During the term of this lease, LESSEE agrees that it shall maintain
liability insurance.
9. Waiver of Subrogation: LESSOR and LESSEE hereby agree on behalf of
themselves, and all others claiming under them, including any insurer, to waive all claims
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against each other, including their rights of subrogation, for loss or damage to the
Premises arising out of fire and standard extended coverage perils, including without
limitation vandalism, malicious mischief and sprinkler leakage, and if necessary, agree to
obtain such a waiver from any insurer. The provisions of this Paragraph shall survive the
expiration or termination of this Lease.
13. Choice of Law: The parties agree that this document shall be construed under the
laws of the State of North Carolina.
14. Severability & Construction: The parties agree that should any provision of this
lease agreement be deemed void at law, then the remaining provisions shall survive and
this lease will remain in full force and effect. It is agreed that this lease will be construed
under the laws of the State of North Carolina.
IN WITNESS WHEREOF, LESSOR and LESSEE have hereunto set their hands and seal on this Lease Agreement the day and year first above written.
___________________________ _____________________________ Glenn McFadden, Mayor of the Duncan E. Jaggers, Chairman of the Town of Lillington Harnett County Board of Education LESSOR LESSEE
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STATE OF NORTH CAROLINA COUNTY OF HARNETT
I, ___________________________, a notary of the aforesaid county and state do hereby certify that, Glenn McFadden, Mayor for the Town of Lillington personally appeared before me this day and executed the foregoing document.
Witness my hand and official seal/stamp, this the ____ day of __________, 2024.
NOTARY PUBLIC: ______________________________ My commission expires: _________
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
I, _________________________, a notary of the aforesaid county and state do hereby certify that, Duncan E. Jaggers, Chairman of the Harnett County Board of Education, personally appeared before me this day and executed the foregoing document.
Witness my hand and official seal/stamp, this the ____ day of __________, 2024. NOTARY PUBLIC: ______________________________
My commission expires: ___________
This CONTRACT AND USE AGREEMENT, made and entered into this ___ day of _______, 2024, by and between the TOWN OF LILLINGTON, North Carolina, a municipal
corporation, of P.O. Box 296, Lillington, NC27546 (hereinafter also referred to as “TOL”) and
the HARNETT COUNTY BOARD OF EDUCATION, a body corporate, of P.O.Box 1029, Lillington, NC 27546 (hereinafter also referred to as “BOE”). RECITALS:
WHEREAS, the undersigned are the title owners of certain real property located within the Lillington Town limits; and WHEREAS, the parties desire to provide for an agreement between them regarding the use of the
property identified and described as follows:
Being all of Lot No. 1, containing 6.676 acres as shown on that plat of survey entitled, “Minor Subdivision For: Harnett County Board of Education” dated February 3, 2022, by Benton W. Dewar and Associates and recorded at Map # 2022-192, Harnett County Registry.
NOW THEREFORE, In consideration of covenants and promises between the parties, the parties agree as follows:
1. CONSIDERATION:
a. It is stipulated that this Contract and Agreement is supported by fair and adequate
consideration. 2. USE a. The parties agree that the BOE will be permitted full use of the property for and by STAR Academy for recreational and educational purposes during scheduled
school hours, excluding the structure at the North East corner of the property,
known as the “Print shop.” b. The parties agree that the use of the structure known as the “Print shop” by the BOE or STAR Academy is to be at the discretion and by permission of the TOL. c. The parties further agree that the TOL will lease to the BOE the stand-alone
structure located at the southeast corner of the property known as the “PD Hut”
and that said lease will be confirmed through a separate lease agreement to be executed by the parties. 3. RESPONSIBILITIES a. The parties agree that the TOL will maintain liability insurance coverage for the
property and maintain the property in a suitable and safe condition. Further, the
TOL will indemnify and hold harmless the BOE for any claim arising out of the condition of the property. b. The BOE agrees to indemnify, defend, and to save harmless the TOL against and from any and all claims by or on behalf of any person, firm, or corporation arising
by reason of injury or loss of life, to person and injury to property occurring on or
in the premises occasioned in whole or in part by any act or omission on the part of the BOE, its officers, agents, employees (whether or not acting within the
scope of employment), invitees, licensees, or other persons using said premises for the benefit of the BOE.
4. INSURANCE:
a. During the term of this agreement, the BOE agrees that it shall maintain liability insurance. 5. WAIVER OF SUBROGATION: a. The BOE and the TOL hereby agree on behalf of themselves, and all others
claiming under them, including any insurer, to waive all claims against each
other, including their rights of subrogation, for loss or damage to the Premises arising out of fire and standard extended coverage perils, including without limitation vandalism, malicious mischief and sprinkler leakage, and if necessary, agree to obtain such a waiver from any insurer.
6. CHOICE OF LAW:
a. The parties agree that this document shall be construed under the laws of the State of North Carolina. 7. TERM a. The parties further agree that this CONTRACT AND USE AGREEMENT exist
only as long as STAR Academy operates from the adjacent property and will
terminate when STAR Academy no longer operates from the adjacent property. 8. SITUS AND INTERPRETATION a. This Contract and Agreement shall be binding upon and benefit the parties, and shall be construed in accordance with the laws of the State of North Carolina. If
any provision of this Contract and Agreement is held to be invalid or
unenforceable, all other provisions shall nevertheless continue to be in full force and effect. 9. MODIFICATION AND ENTIRE AGREEMENT a. A modification or waiver of any of the provisions of this Agreement shall be
effective only if made in writing and executed with the same formality as this
Agreement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein.
IN WITNESS WHEREOF, the TOL and the BOE have hereunto set their hands and seal on
this Use Agreement the day and year first above written.
___________________________ _____________________________ Glenn McFadden, Mayor of the Duncan E. Jaggers, Chairman of the
Town of Lillington Harnett County Board of Education
STATE OF NORTH CAROLINA COUNTY OF HARNETT
I, ___________________________, a notary of the aforesaid county and state do hereby certify that, Glenn McFadden, Mayor for the Town of Lillington personally appeared before me this day and executed the foregoing document.
Witness my hand and official seal/stamp, this the ____ day of __________, 2024.
NOTARY PUBLIC: ______________________________ My commission expires: _________
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
I, _________________________, a notary of the aforesaid county and state do hereby certify that, Duncan E. Jaggers, Chairman of the Harnett County Board of Education, personally appeared before me this day and executed the foregoing document.
Witness my hand and official seal/stamp, this the ____ day of __________, 2024. NOTARY PUBLIC: ______________________________
My commission expires: ___________
The Golden LEAF Foundation (“Golden LEAF”)
GRANTEE ACKNOWLEDGMENT AND AGREEMENT
1.Grantee:Town of Lillington
2.Number & Title:G-202412-08829/ Harnett Street Stormwater Improvements
3.Purpose of Grant: The downtown area of Lillington experiences frequent flooding due to minimal stormwater
infrastructure. During flooding, roads become impassable and many business owners experience property damage. Lillington
proposes to upgrade and install new stormwater infrastructure to handle flows. The solution for this project was identified in a
previous Golden LEAF funded stormwater planning grant. Golden LEAF flood mitigation grant funds will be used for
installation of new storm drainage pipes and upsizing of multiple undersized drainage pipes. Existing undersized stormwater
infrastructure will be abandoned. The city will contribute up to $250,000 of its funds for this project. Homes and businesses
will benefit from this project as will those who use the roads.
4.Amount of Grant:$1,050,000.00
5.Award Date:June 6, 2024
6.Special Terms and Conditions Applicable to Grant:
a)The term of the grant is 18 months, commencing on the Award Date. Golden LEAF may extend the term of
the Grant. All project-related expenses must be incurred during the term of the grant. The provisions of this
Grantee Acknowledgment and Agreement (this “Agreement”) that by their nature extend beyond the term
b)Use of grant funds must comply with applicable requirements of S.L. 2021-180 and S.L. 2023-134.
7.Standard conditions on the release of grant funds:
a)Release of grant funds is contingent on Grantee attending a Golden LEAF grants management workshop or
participating in satisfactory discussions with Golden LEAF staff to gain training in the management of
Golden LEAF grants and reporting requirements.
b)Release of funds is contingent on Grantee returning a fully executed copy of this Agreement no later than
forty-five (45) days after the Award Date, unless Golden LEAF agrees to extend the deadline for its
submission.
c)Release of funds is contingent on Golden LEAF’s approval of activities and outcomes that will be used to
monitor and assess Grantee’s implementation of the project. Unless otherwise directed by Golden LEAF,
Grantee must submit proposed outcomes and activities for approval within forty-five (45) days of the Award
Date.
d)Release of funds is contingent on the Grantee submitting a project budget for approval by Golden LEAF.
The project budget must be submitted for approval within forty-five (45) days of the Award Date unless
Golden LEAF agrees to extend the deadline. Unless otherwise approved, the project budget must be
submitted on Golden LEAF form(s).
e)If the approved project budget includes funds from other sources that are required for project
implementation, Golden LEAF grant funds will not be released until Grantee demonstrates that it has
secured those funds.
f)Golden LEAF grant funds may not be used for acquisition of interests in real property or for costs of grant
administration.
g)If the Grantee fails to comply with its obligations under this Agreement, no further grant funds will be
released unless such noncompliance is resolved to the satisfaction of Golden LEAF.
8.Confirmation of Eligibility/Permissible use of Funds: The Grantee confirms: (1) that the Internal Revenue Service has
determined that the Grantee is an organization described in Section 501(c) (3) of the Internal Revenue Code of 1986, as
amended, and that such determination has not been revoked, or (2) that the Grantee is a federal, state, or local governmental
unit. Grantee agrees to notify Golden LEAF promptly if the Grantee’s tax-exempt status is revoked or modified in any
2
way. The Grantee agrees that it will use the funds from this grant only for charitable, educational, or scientific purposes
within the meaning of Section 501(c)(3) of the Code, and that it will not use the funds from this grant in any way that
would result in or give rise to private inurement or impermissible private benefit. The Grantee agrees that no funds from
this grant will be used to carry on propaganda or otherwise to attempt to influence legislation, to influence the outcome of
any public election, or to carry on directly or indirectly any voter registration drive. If grant funds are used to pay for sales
tax for which the Grantee receives a refund, Grantee will use the refund for expenses that are consistent with the purpose
of the grant and permissible under this Agreement. Unless otherwise agreed by Golden LEAF in writing, no portion of the
Grantee’s rights or obligations under this Agreement may be transferred or assigned to any other entity.
9. Compliance with laws/liens: The Grantee is in material compliance with all federal, state, county, and local laws,
regulations, and orders that are applicable to the Grantee, and the Grantee has timely filed with the proper governmental
authorities all statements and reports required by the laws, regulations, and orders to which the Grantee is subject. There
is no litigation, claim, action, suit, proceeding or governmental investigation pending against the Grantee, and there is no
pending or (to the Grantee’s knowledge) threatened litigation, claim, action, suit, proceeding or governmental investigation
against the Grantee that could reasonably be expected to have a material adverse effect upon the Grantee’s ability to carry
out this grant in accordance with its terms. The Grantee has timely paid all judgments, claims, and federal, state, and local
taxes payable by the Grantee the non- payment of which might result in a lien on any of the Grantee’s assets or might
otherwise adversely affect the Grantee’s ability to carry out this grant in accordance with its terms.
10. Conflict of interest: In connection with the project funded by Golden LEAF, no employee, officer, director, volunteer, or
agent of the Grantee shall engage in any activity that involves a conflict of interest or that would appear to a reasonable
person to involve a conflict of interest. Without limiting the foregoing principle, except as described below, in connection
with implementation of the project funded by Golden LEAF, Grantee shall not procure goods or services from any
Interested Person or from any individual or entity with which any Interested Person has a financial interest or from any
family member of an Interested Person, nor shall Grantee use Golden LEAF grant funds to provide goods, services, or
compensation (other than customary and reasonable wages and benefits) to any Interested Person or to any family member
of an Interested Person. “Interested Person” includes officers and directors of the Grantee, and employees of the Grantee
with authority to procure goods or services for the Grantee related to the project funded by Golden LEAF. For purposes
of this section, family members shall include: (1) spouse, (2) ancestor, (3) brother, (4) half-brother, (5) sister, (6) half-
sister, (7) child (whether by birth or by adoption), (8) grandchild, (9) great grandchild, or (10) spouse of brother, half-
brother, sister, half-sister, child, grandchild, or great grandchild. An Interested Person has a financial interest if the
Interested Person has, directly or indirectly, through business, investment, or family: a) an ownership or investment interest
in any entity with which the Grantee has a transaction or arrangement; b) a compensation arrangement with the Grantee or
with any entity or individual with which the Grantee has a transaction or arrangement; or c) a potential ownership or
investment interest in, or compensation arrangement with, any entity or individual with which the Grantee is negotiating a
transaction or arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors that are not
insubstantial. An Interested Person must inform the Grantee of the Interested Person’s financial interest upon becoming
aware that the Grantee is considering procuring goods or services from any individual or entity with which any Interested
Person has a financial interest. The foregoing notwithstanding, if after exercising due diligence, the governing board or
committee of the Grantee determines that the Grantee is not reasonably able to secure a more advantageous transaction or
arrangement from an individual or entity with which an Interested Person does not have a financial interest, the
governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or
arrangement is in the Grantee’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with
the above determination the Grantee shall make its decision as to whether to enter into the transaction or arrangement and
shall keep written records of the meeting at which that decision was made. The Grantee shall inform all Interested Persons
of the requirements set forth in this section. If the requirements set forth in this section conflict with any statute or
regulation applicable to the Grantee, the statute or regulation shall control. If the Grantee has a conflicts of interest policy
or similar policy that provides more stringent restrictions and protections than those in this section, the Grantee may comply
with its policy rather than the policy contained herein. The Grantee may request that the President of the Foundation
approve a conflict of interest policy that varies from the requirements of this section. This section does not alter the
requirement that Grantee may not use the funds from this grant in any way that would result in or give rise to private
inurement or impermissible private benefit.
11. Procurement/Disposition: All goods or services acquired using Golden LEAF grant funds must be reasonably necessary
to implement the project funded. All procurement transactions involving the use of Golden LEAF grant funds will be
3
conducted to provide, to the extent possible and reasonable, free and open competition among suppliers. The Grantee
should use reasonable efforts to procure goods and services from local businesses, small businesses, minority-owned
firms, and women’s business enterprises. The Grantee will seek competitive offers where possible and reasonable to obtain
the best possible quality at the best possible price. Some form of cost or price analysis shall be made and documented in
connection with every individual procurement in excess of $1,000.00. Price analysis may be accomplished in various
ways, including the comparison of price quotations or market prices, including discounts. For any single
procurement of $100,000.00 or more, Grantee will use a competitive bid process that is designed to attract a reasonable
number of responsive bidders. The requirements of the bid process may vary depending on the value of the procurement.
When evaluating bids received, the Grantee is not required to take the lowest price if other factors are reasonably important
to the Grantee; however, the bases for evaluation and selection should be listed in the procurement documents and there
should be an objective method for the decision made by the Grantee. The decision should be documented in writing. If
the Grantee is subject to statutory or regulatory procurement requirements, those requirements supersede this section. The
Grantee may request that the President of Golden LEAF approve the Grantee’s use of a procurement policy that varies
from the requirements of this section. If equipment purchased by the Grantee using Golden LEAF funds is no longer
needed or used for the project funded, the Grantee may donate the equipment to a North Carolina governmental entity or
a North Carolina organization recognized as an organization described under Section 501(c)(3) of the Internal Revenue
Code. In making such a donation, the Grantee must comply with statutory or regulatory requirements that apply to the
Grantee, must use reasonable efforts to ensure that the equipment is used for purposes consistent with this grant, and must
document and retain records evidencing the donation in accordance with the terms and condition of this Agreement.
12. Project and budget modification: The Grantee will immediately notify Golden LEAF of anything that may materially affect
the Grantee’s ability to perform the project funded. If the Grantee proposes to modify the budget, the objectives, or
any other feature of the project funded, the Grantee shall not encumber or expend any funds from this grant for
such purposes unless and until Golden LEAF has approved such proposed modifications in writing. Moreover, no
further payments shall be made to the Grantee in connection with the project funded unless and until Golden LEAF has
approved such proposed modifications in writing, which may be a communication sent through Golden LEAF’s grants
management system to the Grantee.
13. Use of grant funds/rescission and termination of grants: The Grantee accepts and will retain full control of the disposition
of funds awarded to the Grantee by Golden LEAF under this grant and accepts and will retain full responsibility for
compliance with the terms and conditions of the grant. Grant funds shall be utilized exclusively for the purposes set forth
above. If the Grantee breaches any of the covenants or agreements contained in this Agreement, uses grant funds for
purposes other than those set out above, or any of the representations and warranties made by the Grantee are untrue as to
a material fact, the Grantee agrees to repay to Golden LEAF the full amount of this grant. Any condition, purpose,
term or provision in Golden LEAF’s resolution approving funding, in this Agreement, or in the budget or other forms
approved by Golden LEAF shall take precedence over any conflicting provision in the Grantee’s application. Grantee shall
not use grant funds for any purpose not included in the Grantee’s application for funding unless specifically approved by
Golden LEAF. If there is a conflict between the purpose of the grant and use of grant funds described in this Agreement
and the Grantee’s application for funding, this Agreement will control.
14. The Grantee acknowledges receipt of Golden LEAF’s policy regarding termination and rescission of grants, which policy
is incorporated in this Agreement by reference and is intended to supplement but not replace or limit the rights and remedies
of Golden LEAF set forth elsewhere in this Agreement. The Grantee acknowledges that Golden LEAF may, from time to
time, amend its policy regarding termination and rescission of grants, and the Grantee acknowledges that the Grantee will
be subject to the policy as amended.
15. Release of Funds: Unless otherwise agreed by Golden LEAF, up to twenty percent (20%) of funds may be released in
advance after all conditions on the release of funds are satisfied. Funds may be released in additional advances of up to
twenty percent (20%) of the grant amount upon receipt of evidence satisfactory to Golden LEAF that funds previously
released have been properly expended and accounted for. Funds may also be released on a reimbursement basis, in which
case payments may be made in an amount equal to or up to eighty percent (80%) of the grant amount upon receipt of
evidence satisfactory to Golden LEAF that funds have been properly expended and accounted for. Unless otherwise
approved by the President of Golden LEAF, a sum equal to twenty percent (20%) of the total amount of the grant will be
retained by Golden LEAF until the Grantee completes its obligations under this grant, including submission of a
satisfactory final report on the project funded. This final twenty percent (20%) retained by Golden LEAF shall be paid to
the Grantee on a reimbursement basis. If the grant is conditional or contingent, all conditions and contingencies must be
4
met before any payment will be made. Each request for payment shall be submitted through Golden LEAF”s online grants
management system in accordance with instruction provided by Golden LEAF, unless otherwise directed by Golden LEAF.
Payment should not be requested until the Grantee has need for actual expenditures of the funds. The Grantee should
request payment at least thirty (30) days prior to its desired payment date.
16. Reporting: The Grantee agrees to submit a progress report to Golden LEAF twice each year, to be received by Golden
LEAF six months from the date of award and every six months thereafter unless some other schedule is approved by
Golden LEAF. The Grantee agrees to submit a final Progress Report for receipt by Golden LEAF within sixty (60) days
after the completion of all obligations for the project funded or the end date, whichever comes first. The Grantee may be
required to report results and accomplishments to Golden LEAF for a period beyond the grant term that is reasonably
necessary to evaluate the outcomes of the grant. Report forms may be found on Golden LEAF’s website,
www.goldenleaf.org.The Grantee will submit reports through Golden LEAF’s online grants management system following
in accordance with instructions provided by Golden LEAF, unless otherwise directed by Golden LEAF. The Grantee will
furnish additional or further reports if requested by Golden LEAF on forms and following in accordance with processes
prescribed by Golden LEAF.
17. Records: The Grantee agrees to maintain full, accurate and verifiable financial records, supporting documents, and all
other pertinent data for the project funded in such a manner so as to identify and document clearly the activities and
outcomes of the project funded and the expenditure of Golden LEAF grant funds. Financial records regarding Golden
LEAF’s grant shall be maintained in such a way that they can be reported separately from monetary contributions, or other
revenue sources of the Grantee. The Grantee agrees to retain all financial and programmatic records, supporting
documents, and all other pertinent records related to the project funded for a period of five (5) years from the end of the
grant term. In the event such records are audited, all project records shall be retained beyond such five-year period until
all audit findings have been resolved. The Grantee shall provide to Golden LEAF copies of all financial and other records
requested by Golden LEAF and shall make available to Golden LEAF, or Golden LEAF’s designated representative, all
of the Grantee’s records that relate to the grant, and shall allow Golden LEAF or Golden LEAF’s representative to audit,
examine and copy any data, documents, proceedings, records and notes of activity relating to the grant. Access to these
records shall be allowed upon request at any time during normal business hours and as often as Golden LEAF or its
representative may deem necessary. The Grantee may be subject to audit by the State Auditor.
18. This Section 18 is applicable if the following blank is marked: Staff Initials & date:
Intellectual property/new developments: In consideration of its receipt of funds granted by Golden LEAF, the Grantee
agrees that during the course of the project funded by the grant, the Grantee, and any recipient of grant funds, will promptly
disclose to Golden LEAF any improvements, inventions, developments, discoveries, innovations, systems, techniques,
ideas, processes, programs, and other things, whether patentable or unpatentable, that result from any work performed by
or for the Grantee in connection with the project funded, or by individuals whose work is funded by the grant (the “New
Developments”). If the Grantee provides to Golden LEAF a copy of any Invention Disclosure Reports it receives from
Grantee employees that report making inventions under this Agreement, then the Grantee will be deemed to have satisfied
the disclosure requirement in the preceding sentence.
The Grantee agrees that it, and any recipient of grant funds, shall take all reasonably appropriate actions to assure that the
New Developments shall be and remain the sole and exclusive property of the Grantee. In the event that the interests of
the public would be served by commercialization of the New Developments, the Grantee agrees to use its best reasonable
efforts to pursue the commercialization of any such New Developments in a manner that will serve the interests of the
public, including but not limited to the transfer, assignment or licensing of such New Developments; provided, however,
that the Grantee, and any recipient of grant funds, shall not transfer, assign or license such New Developments in part or
in whole without first having obtained the written consent of Golden LEAF.
Any revenue generated as a result of transferring, assigning, or licensing New Developments will be managed by the
Grantee in accordance with its published patent, copyright and technology transfer procedures, if any, and in the absence
of such procedures such revenue will be managed by the Grantee in accordance with procedures approved by Golden
LEAF. Such procedures typically will prioritize the distribution of revenues to insure that the Grantee first honors its
obligation to its inventors and then to cover its own out-of-pocket expenses as necessary to protect its intellectual property.
The Grantee and Golden LEAF further agree that should there be any revenue generated greater than that necessary to
5
meet the obligations of the preceding paragraph (“Net Revenue”), the Net Revenue shall be managed by the Grantee as
follows:
a) 15% of the Net Revenue will be retained by the Grantee as a fee for the management and distribution of
funds as required under this Agreement.
b) 30% of the remaining Net Revenue will be paid to Golden LEAF.
c) 70% of the remaining Net Revenue will be retained by the Grantee and used in accordance with the
procedures referenced in the preceding paragraph above.
The Grantee's obligations pursuant to this Section will continue beyond the expiration of the funding period.
19. Independent entity: The Grantee acknowledges and agrees that the Grantee is an entity independent from Golden LEAF,
is not an agent of Golden LEAF, and is not authorized to bind Golden LEAF to any agreement of payment for goods or
services. The Grantee is responsible for payment of all its expenses, including rent, office expenses and all forms of
compensation to employees. It shall provide workers compensation insurance to the extent required for its operations and
shall accept full responsibility for payments of unemployment compensation, social security, income taxes and any other
charges, taxes or payroll deductions required by law in connection with its operations, for itself and its employees. All
expenses incurred by the Grantee are the sole responsibility of the Grantee, and Golden LEAF shall not be liable for the
payment of any obligations incurred in the performance of the project funded.
20. Non-discrimination: The Grantee shall not discriminate by reason of age, race, ethnicity, religion, color, sex, parental
status, national origin, genetic information, political affiliation, protected veteran status, or disability, or any other legally
protected status, in connection with the activities of a project funded by Golden LEAF.
21. Publicity: All publicity and printed materials regarding projects or activities supported in whole or in part by this grant
should contain the following language: “This project received support from the Golden LEAF Foundation.” The
Golden LEAF logo is to be displayed in all of the Grantee’s publicity and printed materials relating to this grant. The
Golden LEAF Brand and Publicity Guide can be accessed at www.goldenleaf.org/brand-and-publicity-guide/. For
assistance with publicity, including review of all press releases, please contact Golden LEAF staff (news@goldenleaf.org).
22. Authority to execute/Necessary Approvals Obtained: The individual signing below certifies their authority to execute this
Agreement on behalf of the Grantee and that the Grantee has received any third-party approval that may be required prior
to entering this Agreement. By executing this Agreement, the Grantee, to induce Golden LEAF to make this grant, makes
each of the representations set forth hereinabove and certifies that each of such representations is true, accurate and
complete as of the date hereof.
IN WITNESS WHEREOF, the Grantee has executed this Agreement as of the date below:
Name of Grantee Organization (print):
Signature:
Name of Person Signing (print):
Title of Person Signing (print):
6
Date:
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STATE OF NORTH CAROLINA PUMP AND HAUL AGREEMENT
COUNTY OF HARNETT
THIS AGREEMENT (“Agreement”) is made this the day of __________, 2023,
by and between KDP DEVELOPMENT, LLC, a North Carolina limited liability company,
(hereinafter the “Developer”), and the TOWN OF LILLINGTON, a North Carolina municipal corporation (hereinafter referred to as the “Town”). W I T N E S S E T H
WHEREAS, Developer is owner of certain property (hereinafter the "Developer’s Property") as shown and depicted on the final subdivision plan attached hereto as Exhibit A and incorporated herein by reference (hereinafter the “Plan”). Said Plan being subject to review and approval by the Town; and,
WHEREAS, Developer is building a residential subdivision on Developer’s Property (hereinafter the “Development”) containing approximately ninety nine (99) residential dwellings (each a “Lot”). Developer’s Property is located on Matthews Road and referenced as a portion of Harnett County Tax PIN 0651-84-5847.000 and is described in Deed Book 3946 Page 0428,
Harnett County Registry. Developer’s Property being more particularly described in Exhibit A;
and, WHEREAS, Developer has agreed to provide and construct the internal sewer lines for the Development as part of the construction of the Development in order to provide internal
sewer service to the Development and,
WHEREAS, Town intends to construct a sewage system in according to that map entitled “Overall Project Kep Map” dated 9/12/2021” and attached hereto as Exhibit B and incorporated herein by reference; and, being part of and hereinafter referred to as the “Utility
Construction Drawings”; and,
WHEREAS, the Developer intends to construct sewer lines and necessary appurtenances thereto within the Developer’s Property and tie on to the Town’s municipal sewer systems as shown on the Utility Construction Drawings; and,
WHEREAS, the parties hereto desire to enter into this Agreement to bind themselves to certain terms, conditions and obligations regarding the following: (i) obligations by Developer to construct the Development in a manner as more particularly set out herein and to construct certain sewer collection lines, manholes and appurtenances, rights-of-way and easements; and,
(ii) obligations by the Town to provide pump and haul and complete necessary sewer
improvements; and,
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WHEREAS, the Town desires, upon the full and faithful performance of all of the Developer Obligations (which are set forth in Section 1 herein), to: (i) make available to
Developer a connection to the sewage main, (ii) provide sewer to said Development as set out
herein, and (iii) accept ownership and maintenance of the sewer systems constructed by Developer in accordance with the terms of this Agreement. NOW THEREFORE, for and in consideration of the mutual exchange of the covenants
and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, the
parties hereby agree as follows: Section 1. Developer Obligations.
A. Developer shall reserve adequately sized property adjacent to second most
downstream manhole for temporary wastewater storage facilities for pump and haul operations until such time that operations are not needed. B. Developer shall complete all necessary components including but not limited
engineering certifications, final as-builts, testing, final inspection, dedication
of easements, punch items, final Sate receipt of certification in accordance with the Town of Lillington Standards and Specifications to allow temporary pumping to the storage facilities.
C. Developer shall complete all necessary requirements for final plat approvals
prior to release of water meters. D. Developer shall indemnify and hold harmless the Town and its agents from and against any and all claims for damage of any kind including, but not
limited to, damage or injury to the person or property of anyone or any entity
arising from any act, omission or performance of or non-performance of any obligations or any term or condition under this Agreement including, but not limited to, the defense or pursuit of any claim or any action or proceeding with respect thereto; and, in case any action or proceeding is brought against
the Town by reason of any such matter, then in such event, Developer, upon
notice from the Town, shall defend the Town at Developer’s expense by counsel reasonably satisfactory to the Town. The Town need not have first paid any such claim in order to be so indemnified. This indemnity shall expressly survive expiration or termination of this Agreement but shall not
serve to indemnify the Town against negligent acts committed by the Town
itself or its agents. E. All construction performed by Developer pursuant to this Agreement shall be performed and completed in the locations shown and in accordance with the
Plan and the subsequent subdivision construction drawings both of which are
to be considered for approval by the Town. Developer shall obtain and be responsible for securing all applicable permits and encroachment agreements associated with Development plans. Failure of this Agreement to address a
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particular permit, condition, term or restriction does not relieve the Developer of the necessity of complying with all laws governing the Developer’s
permitting requirements, conditions, terms or restrictions.
(Sections 1 above shall be referred to collectively as “Developer Obligations”). Section 2. Town Obligations
A. The Town will pump and haul sewage, at its sole expense, for those homes that receive a certificate of occupancy in the Nathans Ridge Subdivision prior to Town offsite section of sewer becoming operational from the date of the certificate of occupancy until sewer shall become operational for said home.
B. Town shall not be responsible to begin or continue to pump or haul sewage in
the event that any action of Developer causes or contributes to the creation of an impediment to Town’s ability to safely or at normal cost and expense being or maintain to pump and haul the sewage. In such event, Developer shall take whatever action necessary to rectify any impediments and shall be responsible
for pump and haul of the sewage until such impediments are removed.
C. The Town shall obtain and procure pump and haul permits as required. Section 4. Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by certified or registered mail,
postage prepaid, or by Federal Express, Airborne Express, or similar overnight
delivery service, addressed as follows:
If to Developer: KDP DEVELOPMENT, LLC
1187 N Raleight St Anginer, NC 27501 Attn: Phil Stephenson
If to Town: Town of Lillington c/o _________________, Town Manager ____________________ Lillington, North Carolina _______
Notice shall be deemed to have been given upon receipt. Refusal of delivery shall be deemed receipt. Section 5. Modification. No modification of this Agreement shall be valid or binding unless
such modification is in writing, duly dated and signed by both parties.
Section 6. Full Agreement. This Agreement contains the entire agreement of the parties, and all prior communications, oral or written, are without any force and effect as it is the specific intent of the parties that this Agreement alone sets forth the terms on
which the parties have mutually agreed. Each party specifically agrees that it
enters into this Agreement based on its own understanding of the terms hereof and
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does not rely, in whole or in part, on any interpretation or representation of the other party. Each party agrees that this Agreement is the result of good faith arms
length negotiations. Each party is represented by separate counsel.
Section 7. Assignment. This Agreement and the performance of any obligation herein may not be assigned without the express written consent of the other party hereto. Subject to the foregoing, Developer may (but with providing five (5) business days prior notice of such assignment), assign this Agreement to an entity that is a wholly owned subsidiary or under common ownership with the assigning party.
Section 8. No Partnership, Joint Venture. This Agreement does not create any obligation or relationship such as a partnership, joint venture or other similar legal relationship between the parties. Any correspondence or other references to “partners” or
other similar terms will not be deemed to alter, amend or change the relationship
between the parties hereto unless there is a formal written agreement specifically detailing the rights, liabilities and obligations of the parties as to a new, specifically defined legal relationship.
Section 11. Binding Effect. It is mutually understood and specifically agreed that this
Agreement is binding upon and may inure to the benefit of Developer and Developer’s successors in interest, (including, but not limited to, it’s successors, heirs, assigns, tenants, lessees and sublessees, and grantees,).
Section 12. Governing Law. This Agreement shall be interpreted and construed in
accordance with the laws of the State of North Carolina. Section 13. Venue. The parties agree that any action brought in a court of law pertaining to this Agreement or the obligations set forth herein shall be brought in Harnett
County, North Carolina.
Section 14. Counterparts. This Agreement may be executed in one or more counterparts. Section 15. Waiver. Any waiver from time to time of any provision hereunder will not be
deemed to be a full waiver of such provision or waiver of any other provision
hereunder. Any waiver shall not prejudice any remedy available to the party(ies). Section 16. Headings. The captions and headings throughout this contract are for convenience and reference only and the words contained therein shall in no way
be held to define or add to the interpretation, construction or meaning of any
provision of this contract. Section 17. Counsel and Draftsmanship. The parties hereto have sought and received the advice of their respective legal counsel in drafting, preparing and executing this
Agreement. This Agreement was mutually drafted by counsel for both parties.
There shall be no presumption or legal burden placed against either party hereto as the drafter of this Agreement, or any provision hereof, including all exhibits and agreements annexed hereto.
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Section 18. Severability. If any provision herein is deemed void or unenforceable by a court
of competent jurisdiction, such provision shall be severed from this Agreement
and the remaining provisions shall be valid, enforceable and binding between the parties. In the event that a court of competent jurisdiction declares this Agreement or any
provision hereof to be void, voidable, unenforceable or ultra vires, then the Town
may terminate water and/or sewer service to the Developer’s Property without liability for any type of damages whatsoever. If a court so declares, then the parties hereto will endeavor, but not be so obligated, to reach some agreement whereby such service can be provided.
Section 20. Duration. The duration of this Development and Infrastructure Agreement shall not be greater than one (1) year. Section 22. Indemnification/Hold Harmless. To the fullest extent allowable under North
Carolina law, Developer hereby agrees to indemnify, hold harmless and defend
Town from any and all actions which may arise as a result of any damages or claims for damages against Developer or Town by any person or entity, including other parties hereto, arising from this Developer’s performance of the services as called for herein. Section 23. No Third Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against
either Party.
Section 24. Collection Costs and Reasonable Attorney Fees. In the event either party is caused to engage the services of an attorney to enforce the terms of this Agreement, the prevailing party shall be entitled to recover the costs of such
enforcement including, but not limited to, reasonable attorney’s fees, court costs
and other fees and costs reasonably incurred. Section 25. Additional Documents. The parties agree to take all necessary action to enter into, execute and deliver any and all written documents necessary to carry out the
intent and terms of this Agreement.
(See signatures on following page)
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IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written.
KDP DEVELOPMENT, LLC By: (SEAL)
Name:
Title: Manager STATE OF NORTH CAROLINA COUNY OF WAKE
I, a Notary Public, do hereby certify that ________________________ personally came before me this day and acknowledged that he is the Manager of KDP DEVELOPMENT, LLC, a North Carolina limited liability company, Grantor, and that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated.
Witness my hand and official stamp or seal this the day of ____________, 2021.
Notary Public
My commission expires:
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TOWN OF LILLINGTON
By: (SEAL) Name: Title: Town Manager
Attested:
______________, Town Clerk
STATE OF NORTH CAROLINA COUNTY OF WAKE
I, a Notary Public of the County and State aforesaid, certify that personally
came before me this day and acknowledged that he is Town Manager of the Town of Lillington, a municipal corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Town Manager , sealed with its corporate seal and attested by as its Town Clerk .
Witness my hand and official stamp or seal, this day of . 2021. My Commission Expires: Notary Public
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Exhibit A “Plan”
[TO BE ATTACHED]
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- 10 -
EXHIBIT B “Utility Construction Drawings”
[TO BE ATTACHED]
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AGENDA ITEM SUMMARY
Date of Meeting: July 9, 2024
Staff Work By: Lindsey B. Lucas, Town Clerk
TYPE OF PUBLIC HEARING
Legislative
AGENDA ITEM Consideration of Ordinance Extending the Corporate Limits of the Town of Lillington.
ITEM SUMMARY The Town of Lillington received a petition under §160A-58.1 for satellite annexation. The Town Board
by Resolution directed the Town Clerk to investigate the sufficiency of the petition. In accordance with
§160A-58.2 the Town Board called a Public Hearing on June 11, 2024 for the question of annexation for
31.907-acres being PIN #: 0662-90-5908.000 Case Number ANX-24-03.
§ 160A-58.2. Public hearing.Upon receipt of a petition for annexation under this Part, the city council shall cause the city clerk toinvestigate the petition, and to certify the results of his investigation. If the clerk certifies that uponinvestigation the petition appears to be valid, the council shall fix a date for a public hearing on theannexation. Notice of the hearing shall be published once at least 10 days before the date of hearing.
At the hearing, any person residing in or owning property in the area proposed for annexation and any resident of the annexing city may appear and be heard on the questions of the sufficiency of the petition and the desirability of the annexation. If the council then finds and determines that (i) the area described in the petition meets all of the standards set out in G.S. 160A-58.1(b), (ii) the petition bears the signatures
of all of the owners of real property within the area proposed for annexation (except those not required to sign by G.S. 160A-58.1(a)), (iii) the petition is otherwise valid, and (iv) the public health, safety and welfare of the inhabitants of the city and of the area proposed for annexation will be best served by the
annexation, the council may adopt an ordinance annexing the area described in the petition. The ordinance may be made effective immediately or on any specified date within six months from the date of passage.
RECOMMENDED ACTION
APPROVE the Ordinance to Extend the Corporate Limits of the Town of Lillington, North Carolina.
AGENDA ITEM #9
TOWN OF LILLINGTON
Annexation Petition 24-03 ANX HARNETT CENTRAL ROAD Non-Contiguous 31.907 Acres
CERTIFICATE OF SUFFICIENCY
To the Board of Commissioners of the Town of Lillington, North Carolina:
I, Lindsey B. Lucas, Town Clerk, do hereby certify an investigation has been completed of the above referenced petition for the non-contiguous annexation of 31. 907 acres of property identified as PIN #: 0662-90-5908.000 located off Harnett Central Road situated in the County of Hamett. The petition attached hereto and have found as a fact that said petition is signed by all owners of real property lying in the area described therein, in accordance with G.S. 160A-58.1.
In witness whereof, I have hereunto set my hand and affixed the seal of the Town of Lillington, this 14th day of May, 2024.
102 East Front Street • P.O. Box 296 • Lillington, North Carolina 27546 Phone: (910) 893-2654 • Fax (910) 893-3693 • www.lillingtonnc.org
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com
ORDINANCE FY2024-23
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF LILLINGTON, NORTH CAROLINA
WHEREAS, the Town of Lillington Governing Board has received a petition under G.S. 160A-58.1 for non-contiguous satellite annexation of the area described below; and
WHEREAS, the Governing Board has by Resolution No. 2024-21 directed the Town Clerk to investigate the sufficiency of said petition; and
WHEREAS, the Town Clerk has certified the sufficiency of said petition and the Governing Board
adopted Resolution No. 2024-22 fixing a date of public hearing. By authority granted by G.S. 160A-58.2, a public hearing on the question of this annexation was held at the Lillington Town Hall at 6:00 o’clock, P.M. on the 11th day of June, 2024, after due notice by publication on the 31st of May, 2024; and
WHEREAS, the Governing Board does hereby find as a fact that the petition meets the requirements of G.S. 160A-58.1, as amended
BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that:
Section 1. By virtue of the authority granted by G.S. 160A-58.2, the following described
non-contiguous territory is hereby annexed and made part of the Town of Lillington, as of July 9,
2024.
The area proposed for annexation are described as follows:
Commencing at the centerline intersection of NCSR # 2215 and NCSR # 1512 having C Grid
Coordinates of: N - 621,806.76 and E- 2,069,377.11 (NAD 83 2012B) 2018: Thence South 46 degrees 35 minutes 51 seconds West-43.75 feet to an iron stake set on the southern right of way of CSR# 2215, a 60 foot public right of way, the point of BEGINNING:
Thence leaving said right of way, South 07 degrees 31 minutes 09 seconds West- 368.33 feet to an iron stake; Thence North 89 degrees 41 minutes 02 seconds East - 331.24 feet to an iron stake; Thence North 84 degrees 30 minutes 14 seconds East- 163.54 feet to an existing iron stake;
Thence South 07 degrees 26 minutes 59 seconds West- 338.09 feet to an iron stake; Thence South 39 degrees 30 minutes 00 seconds East - 300.86 feet to an existing iron stake; Thence South 67 degrees 45 minutes 54 seconds East - 661.13 feet to a bent flatbar; Thence South 45 degrees 58 minutes 20 seconds West - 865.52 feet to an existing iron stake; Thence North 43 degrees 56 minutes 16 seconds West - 1126.08 feet to an iron stake;
Town of Lillington | 2
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
Thence North 89 degrees 11 minjutes 14 seconds West - 361.94 feet to an existing iron pipe, having NC Grid Coordinates ofN - 620,825.93 and E-2,068,785.07;
Thence North 02 degrees 30 minutes 18 seconds East- 997.06 feet to an iron stake on the southern right of way of CSR# 2215; Thence the following calls along said southern right of way: South 83 degrees 24 minutes 21 seconds East - 73.26 feet to an iron stake; South 83 degrees
31 minutes 41 seconds East - 75.96 feet to an iron stake; South 83 degrees 51 minutes 14 seconds East-77.28 feet to an iron stake; South 84 degrees 17 minutes 44 seconds East- 77.57 feet to an iron stake; South 85 degrees 00 minutes 54 seconds East - 76.85 feet to an iron stake; South 86 degrees 20 minutes 56 seconds East - 60.65 feet to an iron stake; South 88 degrees 37 minutes 53 seconds East- 77.35 feet to an iron stake,
the point of BEGINNING, containing 31.549 acres+/-, and the property as described in Deed Book 1320 Page 863, as recorded in the Harnett County Register of Deeds.
Annexation Map Recorded in Map Book _______ - _______
Section 2. Upon and after July 9, 2024, the above-described territory and its citizens and
property shall be subject to all debts, laws, ordinances, and regulations in force in the Town of
Lillington and shall be entitled to the same privileges and benefits as other parts of the Town of
Lillington. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10.
Section 3. The Mayor of the Town of Lillington shall cause to be recorded in the office
of the Register of Deeds of Harnett County, and in the office of the Secretary of State at Raleigh,
North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with
a duly certified copy of this ordinance. Such a map shall also be delivered to the Harnett County
Board of Elections, as required by G.S. 163-288.1.
Adopted this 9th day of July, 2024
__________________________
Glenn McFadden, Mayor
Attest:
__________________________
Lindsey B. Lucas, Town Clerk
APPROVED AS TO FORM:
Tony Buzzard, Town Attorney
AGENDA ITEM SUMMARY
Date of Meeting: July 9, 2024
Staff Work By: Landon Chandler, Planning Director
AGENDA ITEM
Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits
ITEM SUMMARY
Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits G&J Development, LLC
RECOMMENDED ACTION Approve Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits.
Suggested Statement of Consistency
As stated in the evaluation, the requested zoning assignment to Conditional District Residential Single-Family Cluster, CD-RS10 Cluster District is compatible with Town of Lillington regulatory documents and would not have an unreasonable impact on the surrounding community based on the uses in this area as well as the Town’s Land Use Plan
designation for this area. Therefore, the ordinance for the zoning assignment request be
Approved.
The requested zoning assignment to Conditional District Residential Single-Family Cluster, CD-RS10 Cluster District is not compatible with Town of Lillington regulatory documents
and would not only have an unreasonable impact on the surrounding community, but would
also fail to enhance the public health, safety, and general welfare as stated in the evaluation.Therefore, the ordinance for the zoning assignment request be Denied.
AGENDA ITEM #10-10A
ZONING ASSIGNMENT STAFF REPORT
CASE NUMBER: RZ-24-05 Landon Chandler, Planning Director Ltchandler@lillingtonnc.org Phone: (910) 893-0316 Fax: (910) 893-3693 www.lillingtonnc.org
Planning Board: June 17, 2024 Town Commissioners: July 9, 2024
To apply Zoning to a parcel totaling approximately 31.54 acres located as pictured below. Applicant is proposing a Conditional District Residential Single Family, CD-RS10 Cluster District with voluntary
conditions and site plan. Current Zoning on site is County RA-20M.
Applicant Information
Owner of Record: Applicant:
Name: G & J Development, LLC Name: Same as Owner
Address: 2265 Benson Rd. Address:
City/State/Zip: Angier, NC 27501 City/State/Zip:
Property Description
PIN(s): 0662-90-5908.000 Acreage: 31.54
Address/SR No.: Harnett Central Rd. around 3500 series of addresses.
Vicinity Map
Physical Characteristics and Existing Land Uses: Site Description: Site is currently an agriculturally used tract on Harnett Central Rd. between Neills Creek Rd.
& Matthews Mill Pond Rd. The surrounding land uses are Single Family Residential, Institutional to the West,
and a Manufactured Home Park immediately adjacent.
County Zoning: RA-20M
Future County Land Use Classification: Agricultural & Rural Residential:
Agricultural and Rural Residential: Primarily agricultural and forestry uses with some rural residential areas. These areas are located outside of existing and future sewer service areas and rely on septic systems for wastewater treatment. They have a limited road network and in some cases lie within High Quality Watershed or Water Supply Watershed areas. The lack of utility and transportation infrastructure, the established low density development pattern and ongoing agricultural activities in these areas contribute to their rural character. This character can be enhanced by encouraging only low
intensity uses, single family residential up to one unit per acre and context sensitive rural design.
Environmental & Terrain:
Services Available
Water: Sewer: Other:
☐Public (Town Of Lillington)☐Public (Town of Lillington)
☒Public (Harnett County)☐Private (Septic)☐Private (Well)☒Other (Unverified)☐Other: (Unverified)
Other: A potential connection may be made; however, no guarantees are expressed as it relates to capacity if this zoning proposal is approved. No technical review has been performed on this project, and all other non-specified items will have to
meet the Town of Lillington Unified Development Ordinance. The developer of the project has stated that there have been discussions with HRW in regard to connecting to an existing force-main. Fire flow has not been assessed but will have to meet the Town’s requirement of 1000gpm for residential development.
Conditional Districts:
•Conditional Districts are districts with conditions voluntarily added only in response to a petition by the
owner of all the property to be included in such district. In accordance with NCGS 160A-382, specific
conditions applicable to these districts may be proposed by the applicant or Town but only thoseconditions mutually approved by the Town and the applicant may be incorporated into the ConditionalDistrict zoning.
•Conditional Districts provide for orderly and flexible development under the general policies of thisordinance without the constraints of some of the prescribed standards guiding by-right development.Because Conditional District developments are constructed in a comprehensive manner, they mayestablish their own building, street, block, and lot pattern which may be unique from other surrounding
blocks or neighborhoods. Conditional Districts may be used in any district but is not intended to relieve
hardships that would otherwise be handled using a variance procedure.
•In addition to modification of specific district provisions (except use), the various provisions detailed in
this Article may be varied if specifically requested by the petitioner as part of a Conditional Districtapplication with exception to the following:
Article Title Exception to Modification
2 Zoning and District Provisions Uses permitted may not be added unless the use proposed is not currently defined or contemplated by the Code. Permitted uses may be removed from the petition.
6 Subdivisions & Infrastructure May substitute dedication of public open space for payment-in-lieu per Board of Commissioners approval. Except in areas identified on the Land
Use Plan map as public greenways and linear parks.
Amount required may not be reduced.
•Upon the approval of the petition for a Conditional District, the subject property shall be identified onthe Official Zoning Map by the appropriate district designation. A parallel conditional zoningdesignation shall be identified with the underlying general district letters "CD” (example CD-RS20).
Proposed Zoning:
The applicant is proposing a Conditional RS10 Cluster Zoning District with plans of a mixed-use single-family
development with the following voluntary conditions:
Conditions:
The following conditions shall be applied to this rezoning request:
1.Minimum 10’, Type ‘C’ perimeter landscaped buffer
2.Minimum 20’ street yard landscaped buffer
3.Maximum 800’ cul-de-sac length
4.Minimum 20% open space
5.Single-family detached: Minimum setbacks as follows: Front 20’, Side 6’, Corner Side 15’. Rear 15’
6.Single-family attached: Minimum setbacks as follows: Front 10’, Side 6’, Corner Side 15’. Rear/Alley 20’
Conditions as Requested by Town Staff:
•Conditions will need to be agreed on by the developers of the project if approved.
1. There will be no parking within the Town maintained right-of-way.
2.Offsite sewer/utility easements must be secured before preliminary plans/construction drawings aresubmitted. Approval of the conceptual zoning plan does not guarantee capacity related to utilities.
3. The project will comply with the recommendations of the Town adopted Harnett County
Comprehensive Transportation Plan and any other findings from NCDOT or the required Traffic ImpactAnalysis.
4.There shall be a 29’ back-to-back curb & gutter street cross-section with 13’ wide asphalt lanes. What is
currently proposed has 12’ lanes.
5. All other regulations within the Unified Development Ordinance, other adopted plans, or studies must be
followed unless specified within the agreed upon conditions.
6. Staff recommends to the Board and developer that there be a minimum Architectural Standard for thesingle-family attached (Townhome) products as follows:
•MATERIALS: VINYL SIDING SHALL BE PROHIBITED AS A PRIMARY FAÇADE MATERIAL ONTOWNHOME UNITS. VINYL WINDOWS, DECORATIVE ELEMENTS AND TRIM IS PERMITTED.
•ANTI-MONOTONY PROVISIONS: IN ORDER TO PROMOTE VARIATION IN HOME APPEARANCE, NO
FRONT ELEVATION & COLOR PALETTE COMBINATION (INCLUDING DOOR COLOR) SHALL BEDUPLICATED FOR TWO (2) LOTS IN A ROW OR DIRECTLY ACROSS THE STREET.
•ROOFLINE: TOWNHOME ROOFLINES SHALL BE BROKEN UP VERTICALLY OR HORIZONTALLYALONG THE FRONT FAÇADE, SUCH THAT NO ROOFLINE IS IN A SINGLE MASS.
•CHARACTER: THE APPLICANT'S VISION FOR OVERALL QUALITY SHALL BE GOVERNED BY THEFOLLOWING ARCHITECTURAL THEMES: CONTEMPORARY, MODERN FARM, TRANSITIONAL,CRAFTSMAN, OR TIMELESS DESIGNS.
•ARCHITECTURAL REQUIREMENTS: AT LEAST TWO (2) OF THE FOLLOWING MATERIALS SHALL BEUTILIZED ON EACH FAÇADE: WOOD OR CEMENT BOARD AND BATTEN, FIBER CEMENT SIDING,WOOD OR CEMENT SHINGLE, MASONRY BRICK, BRICK VENEER, MASONRY STONE, STONEVENEER OR SYNTHETIC STONE. ALL UNITS SHALL CONTAIN A FRONT MASONRY FAÇADEEXTENDING A MINIMUM OF 18" UP FROM THE FOUNDATION.
•RESIDENTIAL DESIGN ELEMENTS: EACH RESIDENTIAL UNIT SHALL CONTAIN AT LEAST TWO (2)OF THE FOLLOWING DESIGN FEATURES: WALKUP PORCH, DORMER OR GABLE, 2ND STORYPORCH OR BALCONY, BAY WINDOW, ARCHITECTURAL SHINGLES, METAL ROOF ACCENT,CORNICE OR CORBEL.
•GLAZING: ALL UNITS SHALL PROVIDE A MINIMUM 25% GLAZING ON THE FRONT DOOR ORPROVIDE A TRANSOM.
•FAÇADE MODULATION: ATTACHED TOWNHOME BUILDINGS SHALL HAVE FRONT FAÇADEMODULATIONS A MINIMUM 12 INCHES IN DEPTH BETWEEN EACH UNIT.
•PORCHES: ALL UNITS SHALL CONTAIN A COVERED FRONT PORCH OR ENTRYWAY.
Staff Evaluation: Recommended Approval
The impact to the adjacent property owners and the surrounding community is reasonable, and
the benefits of the Zoning Assignment outweigh any potential inconvenience or harm to the
community: REASONING: The requested zoning assignment to Conditional District Residential Single Family, CD-RS10 Cluster Will Not have a negative impact on the community as it is similar in nature to existing uses within proximity to the project area.
The requested zoning assignment is compatible with the existing Land Use Classification: REASONING: The requested zoning district and plan conflict with the area’s current County Growth Plan. However; if approved and annexed into the Town, this area will likely be a part of a future Urban Service Area & Town Land Use classification that more closely aligns with the proposal. It is staff’s opinion that this project Is or Will be Compatible with the Land Use Plan moving forward.
The proposal does enhance or maintain the public health, safety and general welfare:
REASONING: The requested Zoning Assignment to Conditional District Residential Single Family, CD-RS10 Would Maintain or Enhance the public health, safety, and general welfare due to area’s existing Single Family Residential and Agricultural land uses. Improvements to current transportation & utility infrastructures to accommodate the development will improve overall networks.
Conditions:
The following conditions shall be applied to this rezoning request:
1.Minimum 10’, Type ‘C’ perimeter landscaped buffer
2.Minimum 20’ street yard landscaped buffer
3.Maximum 800’ cul-de-sac length
4.Minimum 20% open space
5. Single-family detached: Minimum setbacks as follows: Front 20’, Side 6’, Corner Side 15’. Rear 15’
6. Single-family attached: Minimum setbacks as follows: Front 10’, Side 6’, Corner Side 15’. Rear/Alley 20’
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com
ORDINANCE FY2024-24
AN ORDINANCE AMENDING THE TOWN OF LILLINGTON ZONING ORDINANCE
PROPERTY OWNED BY G&D DEVELOPMENT, LLC 31.55 ACRES
PIN#: 0662-90-5908.000
HARNETT COUNTY RA-20M & CONDITIONAL DISTRICT RESIDENTIAL SINGLE FAMILY, CD-RS10 CLUSTER
WHEREAS, a petition has been received from G&D Development, LLC to rezone 31.55-acres from Harnett County RA-20M to Conditional District Residential Single-Family Cluster, CDRS10 Cluster; and
WHEREAS, the required newspaper notices have been given, adjacent property owners notified, the recommendation from the Lillington Planning Board received, and a public hearing held at a Regular meeting on July 9, 2024 with members of the public soliciting input on the matter.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL of the Town of Lillington that:
Section 1. The Zoning Ordinance of the Town of Lillington is amended to change the following area from Harnett County RA-20M to Conditional District Residential Single-Family
Cluster, CD-RS10 Cluster and to amend the Lillington Zoning Map to show the area change:
Commencing at the centerline intersection of NCSR # 2215 and NCSR # 1512 having C Grid Coordinates of: N - 621,806.76 and E- 2,069,377.11 (NAD 83 2012B) 2018:
Thence South 46 degrees 35 minutes 51 seconds West-43.75 feet to an iron stake set on the southern right of way of CSR# 2215, a 60 foot public right of way, the point of BEGINNING: Thence leaving said right of way, South 07 degrees 31 minutes 09 seconds West- 368.33 feet to an iron stake;
Thence North 89 degrees 41 minutes 02 seconds East - 331.24 feet to an iron stake; Thence North 84 degrees 30 minutes 14 seconds East- 163.54 feet to an existing iron stake; Thence South 07 degrees 26 minutes 59 seconds West- 338.09 feet to an iron stake; Thence South 39 degrees 30 minutes 00 seconds East - 300.86 feet to an existing iron stake; Thence South 67 degrees 45 minutes 54 seconds East - 661.13 feet to a bent flatbar;
Town of Lillington | 2
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
Thence South 45 degrees 58 minutes 20 seconds West - 865.52 feet to an existing iron stake; Thence North 43 degrees 56 minutes 16 seconds West - 1126.08 feet to an iron stake;
Thence North 89 degrees 11 minjutes 14 seconds West - 361.94 feet to an existing iron pipe, having NC Grid Coordinates ofN - 620,825.93 and E-2,068,785.07; Thence North 02 degrees 30 minutes 18 seconds East- 997.06 feet to an iron stake on the southern right of way of CSR# 2215;
Thence the following calls along said southern right of way: South 83 degrees 24 minutes 21 seconds East - 73.26 feet to an iron stake; South 83 degrees 31 minutes 41 seconds East - 75.96 feet to an iron stake; South 83 degrees 51 minutes 14 seconds East-77.28 feet to an iron stake; South 84 degrees 17 minutes 44 seconds East- 77.57 feet to an iron stake; South 85 degrees 00 minutes 54 seconds East - 76.85 feet to an iron stake; South 86 degrees 20 minutes 56
seconds East - 60.65 feet to an iron stake; South 88 degrees 37 minutes 53 seconds East- 77.35 feet to an iron stake, the point of BEGINNING, containing 31.549 acres+/-, and the property as described in Deed Book 1320 Page 863, as recorded in the Harnett County Register of Deeds.
Section 2. All laws and clauses in conflict with this Ordinance Amendment are hereby repealed.
Section 3. This Ordinance Amendment shall be effective immediately upon adoption with
the following conditions:
1. Minimum 10’, Type ‘C’ perimeter landscaped buffer
2. Minimum 20’ street yard landscaped buffer
3.Maximum 800’ cul-de-sac length
4. Minimum 20% open space
5. Single-family detached: Minimum setbacks as follows: Front 20’, Side 6’, Corner Side 15’.
Rear 15’6. Single-family attached: Minimum setbacks as follows: Front 10’, Side 6’, Corner Side 15’.
Rear/Alley 20’
Adopted this 9th day of July, 2024
__________________________ Glenn McFadden, Mayor
Attest:
__________________________
Lindsey B. Lucas, Town Clerk