05071990
.,,- -- ~----~~
311
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 7, 1990
The Harnett County Board of Commissioners met in regular session on Monday,
May 7, 1990, in the County Office Building, Lillington, North Carolina, with
the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, and
Chairman Lloyd G. Stewart presiding. Commissioner Mayo Smith was absent.
I Others present were: Dallas H. Pope, County Manager; W. Glenn Johnson, County
Attorney; Vanessa W. Young, Clerk to the Board; and Kay S. Blanchard,
Recording Secretary.
Chairman Stewart called the meeting to order at 9 a.m.
Commissioner Hudson offered the invocation.
Commissioner Collins moved for the approval of the minutes of the regular
meeting, April 16, 1990, and special meeting, April 30, 1990. Commissioner
Shaw seconded the motion and it passed with a unanimous vote.
DOT Ray Stone, Highway Maintenance Engineer, North Carolina Department of
Transportation, appeared before the Board to discuss road matters and
situations in Harnett County.
AUDIT AGREEMENT Randy Brodd, Dixon, adorn & Company, presented for consideration an audit
agreement for F.Y. 89-90 Audit. Commissioner Shaw moved for the approval of
FOR F.Y. 89-90 the agreement. Commissioner Collins seconded the motion and it passed with a
AUDIT unanimous vote.
BRIEFING ON C. T. Clayton, Ragsdale Consultants, assisted by Tim Baldwin, Ragsdale
SOLID WASTE REQUIRE- Consultants, briefed the Board on solid waste requirements for continuing
MENTS operations under new federal and state directives.
REQUEST FOR DISPOSAL Gayle P. Holder, Register of Deeds, requested disposal of the following
OF RECORDS IN records in the Register of Deeds Office:
REGISTER OF DEEDS Vital Records
Birth certificates amendments from vital records in Raleigh for the
I years 1982, 1983, 1984, 1986, and 1988
Birth certificates corrections received from Raleigh and corrections
made to our birth certificates for volumes 1913, 1914, 2, 3, 4, & 5.
Vital birth records sent from Vital Records, Raleigh, to verify
information on our copies of births with the ones they sent to
our office and we corrected our birth records to read same as
their birth records for years 1916, 1917, & 1918.
Corporation Book: Volume 18
N.C. Association of County Commissioners Leqislative Bulletins:
August 17, 1989, through January 16, 1981
Real Estate Records: Books 877,878,879, & 885 through 902.
Jury Cards: years 1981 through 1987
Commissioner Hudson moved that in accordance with G. S. 121-5 (b), that the
Board approve destruction of the above listed records in the Register of Deeds
office. Commissioner Collins seconded the motion and it passed with a
unanimous vote.
REQUEST FOR RECLASS. Jack Bryan, Social Services Director, requested reclassification of positions
OF POSITIONS IN S.S. in the Social Services Department. The request was tabled by the Board for
further evaluation.
TERRY ABNEY APPOINTED Jack Bryan, Social Services Director, requested appointment of Mr. Terry Abney
I TO S.S. BOARD to the Social Services Board to replace Mr. Dayton Smith whose term expires
July 1, 1990. Commissioner Hudson moved for the appointment of Mr. Terry
Abney, P. O. Box 539, Coats, NC 27521, to the Planning Board. Commissioner
Collins seconded the motion and it passed with a unanimous vote.
CONTRACT AGREE.
Carla Stephens, Planning Director, presented a contract agreement with
CONSIDERED FOR AAAAvrette Service Co. for installation of Harnett County road naming signs.
ROAD NAME SIGNS Commissioner Shaw moved that the matter be tabled until the next regular Board
INSTALLATION meeting. Commissioner Collins seconded the motion and it passed with a
unanimous vote.
RESOLUTION RE: W. Glenn Johnson, County Attorney, presented a resolution concerning approval
TIRE DISPOSAL for issuance of a tire disposal monofill permit for Central Carolina Tire
MONOFILL Disposal. Commissioner Hudson moved for the adoption of the resolution.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
The resolution is copied in full at the end of these minutes dated May 2,
1990, as document no. 1.
312
RESOLUTION RE: Bobby Wicker, Tax Administrator, presented a resolution concerning the Land
LAND RECORDS MANAGE. Records Management Program. Commissioner Collins moved for the adoption of
PROGRAM the resolution. Commissioner Hudson seconded the motion and it passed with a
unanimous vote. The resolution is copied in full at the end of these minutes
dated May 7, 1990, as document no. 2.
RESOLUTION RE: John M. Phelps, II, Public utilities Attorney, presented a Resolution Awarding
SCADA PROJECT Contract for Acquisition and Installation of Supervisory Control and Data I
Acquisition System. Commissioner Shaw moved for the adoption of the
resolution. Commissioner Collins seconded the motion and it passed with a
unanimous vote. The resolution is copied in full at the end of these minutes
dated May 7, 1990, as document no. 3.
SPECIAL REPORT FROM Dan Gardner, Emergency Medical Services Director, presented a special report
EMS on Harnett County Emergency Medical Services' capability as related to
Advanced Intermediate Certification.
REPORTS Monthly reports were filed with the Board from the following departments:
Building Inspections, Emergency Medical Services, Tax Department, Veterans
Service, and the Sheriff's Department. The Tax Attorney's report for the
month of April was also filed with the Board and copied in full at the end of
these minutes dated May 7, 1990, as document no. 4.
BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendment for
the Airport:
Code 10-6500-015 Maintenance & Repair-Building 1,850. Increase
Code 10-6500-079 Powerline Relocation 1,850. decrease
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
Jack Bryan, Social Services Director, requested the following budget
amendment for Social Services and Public Assistance:
Code 10-7700-016 Maintenance & Repair - Equip. 2,000. increase
10-7700-058 Commodities Program 4,300. decrease
10-7710-145 A.F.D.C. - E. A. 2,000. increase I
10-7710-148 County Assistance 300. increase
Commissioner Collins moved for the approval of the budget amendment.
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public utilities (South Central Phase II) Capital Projects:
Code 60-9014-001 C.K. Andrews Contracting 22,762. increase
60-9014-080 Contingency 22,762. decrease
Commissioner Hudson moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public utilities (Sewer Department) Enterprise Fund:
Code 30-9200-016 Maintenance & Repair Equip. 2,000. increase
Revenue: 30-3713-003 Sewer Fees - Commercial 2,000. increase
Commissioner Collins moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public utilities (South Central) Enterprise Fund:
Code 30-9300-013 Utilities 2,300. increase
30-9300-016 Maintenance & Repair Equip. 1,500. increase
30-9300-073 Capital Outlay-Other Improve. 200. increase
30-9300-074 Capital Outlay - Equip. 4,000. decrease
I
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
Gayle P. Holder, Register of Deeds, requested the following budget amendment
for the Register of Deeds Office:
Code 10-4800-011 Telephone & Postage 485. increase
10-4800-013 Utilities 400. increase
10-4800-016 Maintenance & Repair Equip. 220. increase
-~.._..~ . ,~ .'0'- "'. -:"".. ....',.. _-"'.~'_.-?""-"':--"-.J!".-'~~
313
10-4800-033 Materials & Supplies 87. increase
10-4800-074 Capital Outlay - Equip. 3,655. increase
10-4800-075 Lease Payments 1,258. increase
Revenue: 10-3990-000 Fund Balance Appropriated 6,105. increase
Commissioner Shaw moved for the approval of the budget amendment.
I Commissioner Hudson seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Youth Services:
Code 10-7730-047 Food & provisions 75. decrease
10-7730-074 Capital outlay - Equip. 1,675. increase
Revenue: 10-3480-045 One-One-One Grant 1,600. increase
Commissioner Hudson moved for the approval of the budget amendment.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Emergency Management:
Code 10-5250-020 Emergency Response 4,807. increase
Revenue: 10-3480-059 Environmental Protection Agency 4,807. increase
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
SOUTH CENTRAL W & S Chairman Stewart called to order a special meeting of the Harnett County Board
MEETING of Commissioners sitting as the governing body of South Central Water and
Sewer District.
RESOLUTION RE: John M. Phelps, II, Public utilities Attorney, presented a Resolution
Authorizing Conveyance of Real Property to the County of Harnett (South
CONVEYANCE OF PROPERTY Central Water and Sewer District of Harnett County). Commissioner Shaw moved
for the adoption
of the resolution. Commissioner Hudson seconded the motion and it passed with
a unanimous vote. The resolution is copied in full at the end of these
I minutes dated May 7, 1990, as document no. 5.
SOUTH CENTRAL MEETING Chairman Stewart adjourned the special meeting of the Harnett County Board of
ADJOURNED Commissioners sitting as the governing body of South Central Water and Sewer
District.
BRIEFING ON AVAILABLE Margaret Hardee, Area Agency Administrator, Mid-Carolina Area Agency on Aging,
briefed the Board on demonstration grants available for planning services for
GRANTS FOR AGING older adults and offered the services of Mid-Carolina Area Agency on Aging to
work with Harnett County to submit an application to the N.C. Division of
Aging for such grant. Commissioner Shaw made a motion that Mrs. Hardee
proceed with preparing and submitting application for planning demonstration
grant for Harnett County. Commissioner Hudson seconded the motion and it
passed with a unanimous vote.
AGREEMENT WITH DAVID Vanessa W. Young, Finance Officer, presented an agreement with David M.
M. GRIFFITH FOR SERVICES
RE: INDIRECT COSTS Griffith & Associates to provide professional accounting services to Harnett
County concerning indirect costs incurred by the County. Commissioner Hudson
moved for the approval of the agreement. Commissioner Collins seconded the
motion and it passed with a unanimous vote.
RESOLUTION RE: RENTAL John M. Phelps, II, Public Utilities Attorney, presented a resolution
OF SPACE ON WATER TANK authorizing rental for one year term of space on a county owned water tank for
use by North Carolina Communications, Inc. Commissioner Shaw moved for the
adoption of the resolution. Commissioner Collins seconded the motion and it
passed with a unanimous vote. The resolution is copied in full at the end of
these minutes dated May 7, 1990, as document no. 6.
TAX REFUNDS Dallas H. Pope, County Manager, requested the following tax refunds:
I 1. J.E. Womble & Sons, Inc., P. O. Box 580, Lillington $ 9.56
2. Elma G. Godwin Estate, Rt. 4, Box 133, Dunn 77 .39
3. Joseph R. Phillips, Rt. 6, Box 397-A-1, Sanford 104.30
4. William Corby Johnson, Rt 3, Box 53, Dunn 53.51
5. Evelyn McKoy, Rt. 6, Box 402, Sanford 56.45
6. Robert Wells, Rt. 1, Box 334, Coats 16.43
7. Cynthia Swann, Rt. 2, Box 60-1-A 173.42
8. Cynthia Swann, Rt. 2, Box 60-1-A 15.21
9. United Dominion Realty Trust, Box 12365, Richmond, VA 1,037.03
10. World Omni Leasing, Box 8624, Deerfield Beach, FL 46.41
11- Ira Maness, P. O. Box 726, Lillington 66.54
Commissioner Collins moved that items 1 through 11, tax refunds be approved
with exception of item 3 which was not approved and deferred to the Tax
Administrator for additional information concerning the proposed refund to
Joseph R. Phillips. Commissioner Shaw seconded the motion and it passed with
a unanimous vote.
314
RECESS At 12:15 p.m., Commissioner Shaw moved that the meeting be recessed until 1:00
p.m. or as soon thereafter following a luncheon meeting in the Agricultural
Extension Department. Commissioner Collins seconded the motion and it passed
with a unanimous vote.
RECONVENED The Board reconvened at 1:15 p.m. and Commissioner Shaw moved that they go I
EXECUTIVE SESSION into executive session. Commissioner Collins seconded the motion and it
passed with a unanimous vote.
Commissioner Collins moved that the Board corne out of executive session.
: Commissioner Shaw seconded the motion and it passed with a unanimous vote.
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
regular meeting, May 7, 1990, duly adjourned at 4 p.m.
L~e!l,~f-
Jt.,t. ,;jJ'tvN,{..(V"!
::~r~Jor~:tarY
Vanessa IV. Young,' Clerk tO~he BO#d
DOCUMENT NO. 1.
I
NORTH CAROLINA,
HARNETT COUNTY. RES 0 L UTI 0 N
----------
RESOLVED, that the Board of County Commissioners of Harnett
County hereby grants approval for the issuance of a tire disposal
monofill permit by the Division of Solid Waste Management to
Central Carolina Tire Disposal, said monofill to be established
for the purpose of disposing of used tires only on approximately
105.22 acres, shown on the attached map, located within Harnett
County, which acreage does not lie within any incorporated city
or town, nor within the extra-territorial zoning jurisdiction of
any city or town.
Adopted, this the 7th day of May, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
/~
By: ~. ~wart, Chairman
AT~ I I
"'1~ "-[IJ. ~,ttA.-~/
Vanessa Young, Cler~ t1
315
DOCUMENT NO.2.
HARNETT COUNTY,
NORTH CAROLINA.
I RESOLUTION
BE IT RESOLVED, that on the 7th day of May, 1990, the Board of Commissioners
hereby give their unanimous approval of Harnett County's application for matching
funds and technical assistance under the North Carolina Land Records Management
Program (LRMP), under the provisions of N.C.G.S. 102-15 thru 17; and
BE IT FURTHER RESOLVED. that:
1- The application for grant assistance for F.t. 1990-91 be in the amount of
$125,000.
2. Harnett County has the necessary funds in its Genersl Fund for F.Y.
1990-91 to match the grant amount awarded under the LRMP and will assign
said funds to this project upon notice of the award.
3. Harnett County Government shares a willingness to participate in the
LRMP and will comply with all applicable laws and regulations.
Adopted this 7th day of May. 1990.
~J );Alwmd'
. Ll~d G. Stewart, Chairman
Board of Commissioners
I ATTr-
- I ~ '
~11 ~ 'UJ. 't~,~'U
Vanessa W. Young
Clerk to the Board
DOCUMENT NO.3.
"Hl.~loa a.udiag COat:zact: for
Acfpl.l~loa aDd IIl.~l.~loa of
..peJ:Y1HZT COaUol aDd Da~. Aaq1d.l~101l .Y.~-
THAT WHEREAS, the County of Barnett desires to acquire a
Supervisory Control and Data Acquisition System (hereinafter
sometimes r.f.rred to a. - SCADA System-) for u.e by the County
D.partaent of Public Utiliti.s; and
WHEREAS, by Resolution adopted by the Board of COJIIIRis.ioners
of the County of Barn.tt (h.r.inaft.r soaet1mes r.f.rred to a. the
-Board-) on April 2, 19'0, the .........opriat. repr...ntativ.. of the
I County were authorized to negotiate with Bogu. Electric company,
Inc., the low..t r..pon.ibl. biddar for the contract to acquir. and
install said -SCADA System-, for the purpose of bringing the costs
of the said acquisition and in.tallation within the fund. available
for the ....; and
WBBRBAS, upon the conclusion of said negotiation., a new cost
amount for said acqui.ition and in.tallation ha. b..n proposed, to
wit: $303,750; and
WBBRBAS, it is the d..ire of the Board, .ubj.ct to the
cOJDpl.tion of the a~... I ,..18 .at forth below. to award .aid contract
and to _k. ..:....1 .ion. for c~llc_nt of work und.r that
contract.
NOW, ..:....,.BFORB, BE IT RBSOLVBD, by the Board of cOIIIIlissioners
of the County of Barn.tt a. follow.:
.
316
1- That the contract for the acquisition and installation
of the SCADA System is hereby awarded to Hogue Electric
Company, Inc. , Lillington, North Carolina, for the
negotiated price of $303,750, subject to adjustment as
provided by the contract documents.
Provided, however, that prior to the execution of said I
contract, the same shall be reviewed and approved by the
Barnett County Public Utilities Attorney, and shall meet
the requirements of the financing approvals imposed by
the Local Government Commission of the Department of the
State Treasurer.
2. That after the approvals stated above have been received,
, the Chairman of the Board of Commissioners and the Clerk
to the Board are authorized, empowered and directed to
execute the contract documents pertaining to the above
award.
3. That upon completion of the execution of said contract
documents, Dallas H. Pope, Harnett County Manager, is
hereby authorized, empowered and directed to issue
Notices to Proceed and/or Work Orders so as to cause the
construction of the aforementioned Project to commence.
4. That such other representatives of the County of Harnett
as are required are authorized, empowered and directed
to take such further actions as are necessary to
implement the directions of this Resolution.
Duly adopted this 7th day of May, 1990, upon motion made by
Commissioner Shaw ,seconded by Commissioner
Co 11 ins and adopted by the following vote:
AYES 4 NOES 0 ABSTAINED n ABSENT 1
BOARD OF COMMISSIONERS OF
THE C""....~....1. OF HARNETT
By: &A1~
LloHd . Stewart,
Chairman of the Board I
ATTEST:
~'i,J.'{,~
Vanessa W. Young {}
Clerk to the Board
DOCUMENT NO.4.
FROM: E. Marshall Woodall
RE: NOTICE OF TAX SUITS COMMENCED; TAX SUITS DISMISSED AND RELATED SERVICES
)~.",.~....'1 OF APRIL 1990
NAME SUIT NO. *AMOUNT COL. "COURT ATTORNEY
COSTS FEES
Anderson Creek Townshio 2,790.46 389.90 340.00
Hickman, Larry 88 CvD 0739
Averasboro TOWDshio 90 CvD 0219 1,484.10 255.50 190.00
Haire, Donald
Jones, Margie 88 CvD 0867 1,286.36 242.20 190.00
Barbecue Township 90 CvD 0192 993.51 249.40 190.00
Aleqria, Raymond
Buie, John 89 CvD 1187 518.65 250.40 190.00
Miller, Frank 90 CvD 0191 1,084.94 249.65 190.00
pulley, Heirs of Wade n/a 184.48 75.00 75.00
Wright, Julian 90 CvD 0258 2,083.32 252.25 200.00
Duke Township 2,004.42 250.00 209,00 I
Cox, Michael 90 CvD 0505
Herring, Leslie 89 CvD 0530 2,671.51 497,45 440.00
Matthews, Billy 89 CvD 0655 359.44 239.00 190.00
Hector's Creek Township 1,129.56 241. 80 190.00
Sneed, Herbert 89 CvD 0850
Johnsonville Township 1,911.81 239.00 200.00
Godfrey, Roy 89 CvD 1012
Stewart'A r.~ Tnwnship 327.04 239.65 ---190.0.2.
Carroll, Vander 89 CvD 0265
Subtotal 18,829.60 3,611.20 2,984.00
I
,
.
-_._..~.
317
NOTE: * Total collected includes taxes, interest and Court costs.
** Court costs includes attorney fees allowed by Court.
Additional Attorney's Fee
J2IU Ell;planation I1mJ. Charge
4-11-90 Prehearing conference with Mr. Heins,
I Mike Brown, Tony Wilder and Bobby Wicker
regarding Heins appeal and preparation
of prehearing order 2.00 100.00
4-23-90 Conference with Bobby Wicker, Michael
Brown, and Tony Wilder regarding
preparation for Heins appeal 2.00 100.00
4-24-90 Appearance at State Board of
Assessments for hearing on Heins
appeal 3.00 150.00
Total Additional Attorney's Fees $350.00
TOTAL ATTORNEY'S FEE $3,334.00
Advanced Costs:
4-27-90 Lillington Postmaster - restricted mail
Lewis Allen - 90 CvD 0213 4.20
BALANCE DUE a.' P'.Ji i.Q.
~~/dM l/r-'~
E. Marshall Woodal
Post Office Box 39
Lillinqton, NC 27546
Telephone: (919) 893-5191
DOCUMENT NO.5.
I ".olu~ioD Au~hori.iDg
CoDyeyuae of ...1 Propefty
~o the CoUll~y of ..rDe~~
(IIoath ce.a~r.1 W.~er a4 S-r Di.~ria~ of BU'Ile~~ CoUll~y)
I
THATn.....~..IAS , the Board of Conunissioners of the County of
Harnett, sitting as the governing body of the South Central Water
and Sewer District of Harnett County I deems it advisable to
authorize the conveyance of that real property described in that
Deed attached hereto a. Ixhibit -A- to the County of Harnett, for
the purposes therein ...to"elsed; and
WHBREAS, said conveyance is authorized under the provisions
of N.C. Gen. Stat. S 1&OA-274.
NOW, THBREFORE, BE IT RESOLVED by the Board of conunissioners
of the County of Harnett, sitting as the governing body of the
South Central Water and Sewer District of Harnett County that:
1. The said South Central Water and Sewer District of
Harnett County shall, and is hereby authorized to, convey
the real property and easement and right of way described
in that Deed attached hereto as Exhibit -A- to the County
of Harnett.
2. The Chairman of the Board of Commissioners, sitting as
the governing body of said District and the Clerk to the
Board and of the District shall be, and hereby are,
authorized, directed and empowered to execute said Deed
for and in behalf of said District.
Duly adopted the 7th day of May, 1990, upon motion made by
Commissioner Shaw , seconded by conunissioner
Hudson and adopted by the following vote:
AYES 4 NOES 0 ABSTAINED 0 ABSENT 1
I ~~h /J1w.rrJ
i. - oyd/.G. Stewart, Charlman
Harnett County Board of
Conunissioners, sitting as
the governing body of the
South Central Water and
Sewer District of Harnett
County
A'l'T1!:ST:
~ ~J . L(.~cv.-</
Vane..a W. Young, C rk toVthe
Board and of the So h Central
Water and Sewer District of
Harnett County
318
EXHIBIT nAn
Prepared by: John M. Phelps, II, WOODALL, FEIoMBT AND PHELPS,
P.A., po.t Office Box 311, Lillinqt:on, North Carolina
27546
NORTH CAROLINA I
DEED
IIARNITT COUNTY
Thi. Deed, made thi. 7th day of MAy, 11190, by and between,
SOUTH CEN'l'RAL WA'l'ER AND SEWER DISTRICT OF H.ARNBTT CO....., a county
water and .ewer district organized and exi.ting under Chapter 1&2A
of the G.naral Statut.. of North Carolina, P.O. Box 7511,
Lillinqt:on, North Carolina 2754& (h.r.inaft.r "Grantor") and the
Cww.... OF HARNETT, a body politic organized and .xbtiDg under the
law. of the State of North Carolina, P.O. Box 7511, Lillinqt:on,
North Carolina 2754& (h.reinafter "Grantee");
. I T N E SSE T H I
THAT WHEREAS, the Grantor i. the own.r of a c.rtain tract or
parc.l of nal prop.rty located in And.r.on Cr..k Town.hip, Harnett
County, North Carolina, the .... b.ing d..cribed in that c.rtain
d.ed r.corded at Book 8&4, Pag. 844, Harn.tt County R.gi.try; and
WHEREAS, .aid Grantor ha. pr.viou.ly in.talled and construct.d
a pumping .tation and r.lat.d appurt.nanc.. upon a portion of said
tract or parc.l of r.al ..tat. and i. u.ing th. .... in connection
with it. wat.r di.tribution faciliti..; and
WllBREAS, th. Grant.. 11 in n.ed of a .it. upon which it
d..ir.. to con.truct and operate a Senior Citizen'. Center for u.e
by per.on. re8iding in the ar.a compo.ing th. .aid South C.ntral
.ater and Sew.r Di.trict; and
WllBREAS, the Grantor de.ir.. to convey to the Grantee, the
real prop~rty h.rein eet forth for the t.rm indicated and for the I
u.. above d..cribed; and
WHBREAS, the conv.yanc. of .aid r.al prop.rty a. h.r.in
provided i. authorized pur.uant to N.C. G.n. Stat. 11&OA-274, and
a. 8.t forth in a..olution adopted MAy 7, lUO by the Board of
commi..ion.r. of Harn.tt County, .itting a. the gov.rning body of
the South C.ntral Wat.r and S.w.r Di.trict of Harn.tt County.
NOW, THBREFORE, for varuabl. con.id.ration, the Grantor ha.
bargained and .old and by th... pr...nt. do.. grant, bargain, .e11,
and conv.y unto the Grant.e, it. .ucce..or. and a..ign. the land
h.r.in de.cribed so long a. the land i. u.ed for the purpo.. of the
con.truction and operation of a S.nior Citi..n'. C.nt.r for u.e by
per.on. of the ar.a of the South Central Water and Sewer Di.trict
and no longer; it being the .xpr... int.ntion of the Grantor h.r.by
to conv.y to the Grant.. a f.. .ilIIpl. det.rminabl. ..tat. in .aid
l.nd and not a f.e .impl. ..tate on condition 8ub.equ.ntl and, wh.n
the land c..... to b. us.d for the purpo.. afore.aid, th.n at that
tim. the title to 8aid land shall automatically by op.ration of law
and without suit or r..ntry on the Grantor'. part, b. reve.ted in
the Grantor.
Th. land herein convey.d i. all the certain lot or parc.l of
land lying and being located in And.r.on Cr..k Town.hip, Harn.tt
County, North Carolina, and more particularlyd..cribed a. follow81
S.ginning at an iron pip. .et located North 18 d.q. I
14 min 23 s.c Ea.t 170.44 f.et from an .xi.ting PK
nail locat.d in the c.nterline of NCSR 1120 (&0 foot
R/N), .aid PK nail b.ing the Southwe.tern corn.r of
the proparty from which thi. parc.l i. tat.n, and
run. th.nce from .aid beginning point along, with
and a. the lin. of the property now or form.rly
owned by th. Gib.on-WaU Co. and canal Land Co.
North 18 deg. 14 min 23 .ec la.t 5&2.15 feet to a
point, the northwe.tern corner of the property frOll
wbich tbi. parcel i. taken I and run. thence along,
,with and 51 the line of the prop.rty now or form.r1y
own.d by Guy T. Cayton South &2 de;. 4' min 07 ..c
319
z..t 217 .08 feet to . point, t.he nort.he..t.ern corner
of the prop.rt.y frOll which thia parcel 1.. tak.n; and
I run. thence, along, with .nd a. the line of the
property of tb. Boone Tr.n Medical C.nt.r, Inc.
South 18 d.g. 14 min 23 ..c. W..t 45'.13 f..t. to an
iron pip. ..t; .nd run. th.nc. a new line wit.h the
Grantor, Nort.h 67 d.; . 3' min 37 ..c. W..t 78.75
feet. to .n iron piP. ..t, and run. th.nc., another
new line with th. Grantor South 22 de; 20 min 23 .ec
w..t 84.44 fe.t to an iron pip. ..t; and run. thence
another n.w line with the Grantor North &7 d.g. 3'
min 47 ..c w..t 130.18 f..t to the point and place
of b.ginnin;, containing 2.5& .cre. a. .hown on a
pl.t entitled .Survey for Harn.tt County. dated May
4, 1"0 and prwpared by Rag.dal. Con.ultant.., P.A.
Together wit.h . non.xclu.ive ......nt .nd riqbt. of
w.y for ingr..., egre.. and reqre.. over, upon .nd
acro.. th.t. portion of t.he reuin1.ng property of
the Grantor which i. de.cribed .. follow.:
Beginning at an exiatinq Pit n.n located in the
centerline of NCSR 1120, the .outhwe.tern
corner of the property of the Gr.ntor (..
de.cribed in that deed recorded .t. Book 8&4,
Page 844, H.rnett Count.y .egiatry) and run.
I th.nce North 18 d.g 14 min 23 ..c Za.t 170.44
fe.t to .n iron pipe ..t. (beginning point of
the tract h.rein conv.yed); and run. thence
with a line of t.h. t.r.ct h.r.in conv.yed Sout.h
&7 d.g. 3' min 47 .ec I..t 30 feet to a point
.nd run. th.nce South 18 deg. 14 min 23 ..c
We.t .pproximat.ly 170.44 feet to a point in
the cent.rline of laid NCSR 1120; .nd run.
,thence a. .aid c.nterlin. North &7 d.g. 3& min
47 .ec W..t 30 f.et to the point and place of
b.ginning.
TO HAVE AND TO HOLD the afor..aid lot or parcal of land and
.11 privil.g.. .nd .ppurten.nce. thereto belonqing to t.he Grantee,
it. .ucc...or. .nd ...ign. forever, in fee .impl. determinable a.
hereinabove de.cribed in the Granting Cl.u.e.
And Gr.nt.or, for it.elf, or it. .ucce..or., and a..ign.,
covenant. with Grantee, it. .ucc...or., and a..ign., th.t Grantor
i. ..iaed of the premi.e., ha. th. right t.o convey the ...., t.hat
title i. market.ble .nd free and clear from all .ncumbrance., and
th.t Grant.or will warrant and defend th. title again.t the lawful
cl.im. of all per.on. whom.oever except for the exception.
hereinafter .tated.
IN TESTIMONY WHEREOF, Grantor ha. executed and .ealed this
d.ed in the mannar pre.cribed by law, thia the 7th day of May,
I lUO.
SOUTH CIN'1'RAL WATIIl MID SDIll
DISTaICT 01' M,.!..,....... ...'...
Lloyd G. St.ewart, CbU1lan
Harnett County Board of
C~..ioner., .ittinq a. the
governing body of the South
Central Water and ..... Diatrict
AftlS': of Harnett County
-
V.n.... W. founf' Clerk to
the Ioard .nd 0 the
South Central Water and
Sewer Diltrict of Harnett County
320
DOCUMENT NO.6.
"aolu~j.oa Aut.horj.ai.Dg
_t:al for OIle rear ftna
THAT Hw.:..oJtAS, the County of Harnett, as lessee of the water I
distribution system of the Hortheast Metropolitan Water District
of Barnett County, is the operator of a water storage tank located
off H.C. Highway 55 between BAin and Coats in Barnett County; and
1,lu..:'.'.BAS, Horth Carolina Communications, Inc. (hereinafter
sometimes referred to as · Corporation- ) desires to install, operate
and maintain an antenna and coaxial cable upon said tank and to
install, operate and maintain a two-way radio base station and
related accessories inside a portable utility building to be
located at the base of said tank; and
h~~ABAS, the County of Harnett desires to grant permission to
the said Corporation to install, operate and maintain the
facilities described, but subject to the conditions hereinafter set
forth; and
WHEREAS, the County of Harnett is authorized to grant such
permission pursuant to H.C. Gen. Stat. S160A-272.
..1'~III, .u~~dFORE, BB IT RESOLVED by the Board of Commissioners
of the County of Barnett as follows:
1. The County of Harnett is authorized to enter into an
Agreement providing for the corporation to install,
operate and maintain the facilities above described on
and about the aforementioned water storage tank, subject
to the requirement that said Agreement shall provide:
a. That its term shall not exceed one year;
b. That rental for the uses permitted shall be the sum
of $50.00 per month;
c. That the County of Harnett may terminate the
Agreement upon ninety (90) days written notice to
the Corporation; I
d. That the Corporation shall indemnify and hold
harmless the County from and against any losses,
costs and expenses, (including attorneys fees)
arising out of Corporation's use of the premises;
e. That the County shall have no expense related to the
uses permitted;
f. That the Corporation shall carry adequate insurance
for protection of the County;
g. That the Corporation shall act in compliance with
all rules, regulations and laws of federal, state
and local governments with respect to said uses.
h. That upon termination of the Agreement that the
Corporation shall return the premises to the
condition that existed before the uses made by the
Corporation;
i. That the uses made by Corporation shall in no manner
create harmful interference with the operation of
the said tank by the County.
2. The Agreement described shall be in a form and substance
approved by the Harnett County Public Utilities Attorney
and may contain such other and further provisions as he
may deem necessary for the adequate protection of the
County.
3. Upon completion of said Agreement, and approval thereof
as stated, the County Manager is hereby authorized to
execute the seme for and in behalf of the County of
Harnett.
Duly adopted the 7th day of May, 1990 upon motion made by I
Commissioner Shaw ,seconded by Commissioner
Collins , and adopted by the following vote:
AYES 4 HOBS 0 ABSTAINED 0 ABSENT 1
BOARD OF COMMISSIONERS OF
THE "'U'u,,~ ~,j, 01" HARNETT
BY: 7Z~ 11 ~rrMl
't':l-;Yl18. Stewart, Chairman
ATTEST:
~ 'i.J. '-t&ttJ "'-'r V
Vanessa W. Young, lerk'
to the Board