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February 14, 2023 Regular Session Meeting AGENDA Lillington Board of Commissioners Regular Monthly Meeting Lillington Town Hall 102 East Front Street Lillington, North Carolina 27546 February 14, 2023 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 January 9, 2023 Item #2 Approval of Closed Session Minutes from January 9, 2023 Item #3 Approval of Regular Meeting Minutes from January 10, 2023 Item #4 Approval of FY22-23 Budget Amendment #5 Item #5 Approval of Master Agreement for Professional Services Town of Lillington Capital Improvements Program – Meyers Engineering, PLLC Item #6 Approval of Agreement for Professional Services Town of Lillington - Mott Macdonald I&E, LLC Town of Lillington | 2 PUBLIC HEARING Item#7 Public Hearing on the Question of Annexation of the Noncontiguous Satellite Area PIN #’s: 0670-15-7985.000, 0670-24-2289.000, & 0670-45-2886.000. Case Number ANX-23-05 (A&M Farms, Inc. & Ernest Long) Lindsey B. Lucas, Town Clerk/ Permitting Technician Item #7A Consideration of Approval of An Ordinance to Extend the Corporate Limits of the Town of Lillington (A&M Farms, Inc, & Ernest Long) Lindsey B. Lucas, Town Clerk/ Permitting Technician Item #8 Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits (A&M Farms, Inc. & Ernest Long) Landon Chandler, Planning Director Item #8A Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits (A&M Farms & Ernest Long) 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: February 14, 2023 Staff Work By: Lindsey B. Lucas, Town Clerk/ Permitting Technician 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 January 9, 2023 Item #2 Approval of Closed Session Minutes from January 9, 2023 Item #3 Approval of Regular Meeting Minutes from January 10, 2023 Item #4 Approval of FY22-23 Budget Amendment #5 Item #5 Approval of Master Agreement for Professional Services Town of Lillington Capital Improvements Program – Meyers Engineering, PLLC Item #6 Approval of Agreement for Professional Services Town of Lillington - Mott Macdonald I&E, LLC RECOMMENDED ACTION Approve consent agenda items as recommended by staff. AGENDA ITEMS #1-6 Lillington Board of Commissioners January 09, 2023 Work Session Meeting Minutes Work Session Meeting of the Town Board of the Town of Lillington, Monday, January 9, 2023 at 8:30 a.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Mayor Glenn McFadden Commissioner Marshall Page Commissioner Neil McPhail Commissioner Danny Babb Board Members Absent: Mayor Pro Tempore Rupert Langdon Commissioner Dianne Johnson Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Lindsey Lucas, Town Clerk Alicia Gregory, Administrative Services Director Landon Chandler, Planning Director Shane Cummings, Engineer William Baker, Parks & Recreation Director Brian Hyde, Assistant Public Works Director Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m. NEW BUSINESS Item #1 Discussion of Options Regarding Christmas Lights and Decorations for the Town Mayor Glenn McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas reviewed different decoration and lighting options with the Board as well as a quote from Mosca Designs. It was the consensus of the Board to review further before purchasing any of the decorations. Item #2 Discussion Regarding Downtown Revitalization Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries stated to the Board that he thought the Community meeting went well and would like to continue forward with developing construction drawing for Downtown. It was the consensus of the Board to move forward with construction drawings. Item #3 Administrative Reports Monthly Public Works Activities Report – Mayor Glenn McFadden recognized Brian Hyde, Assistant Public Works Director. Mr. Hyde went over ongoing and completed projects. Capital Projects Update- Mayor Glenn McFadden recognized Alicia Gregory, Administrative Services Director. Ms. Gregory went over the following updates; Lillington Board of Commissioners January 09, 2023 Work Session Meeting Minutes SCIF Grants Soccer Complex/Multi-purpose Field Irrigation has been installed, electrical panel station, sod, and the fence. The location of the soccer/multi- purpose field is 311 East Duncan Street. The SCIF grant will be closed out January 10, 2023. Downtown Facilities Stewart, Inc. is done with the schematic design for the Downtown Area proposed for revitalization. The Town held a Community Meeting January 5, 2023 to receive public input on the schematic design. The meeting was well attended and residents are excited about the changes coming to Downtown Lillington. Staff will be presenting the final schematic designs to the Board for approval. Once approved Stewart will begin the construction drawings process. Resource Institute Stormwater Projects Staff was notified that the State allocated $3.5 million for Stormwater infrastructure improvements and stream restoration, to provide more efficient stormwater management and flood resiliency. Project components will include stormwater management, replacing undersized culverts, and stabilizing streambanks to improve flood resiliency. The project was RFQ August 3, 2022. The RFQ’s have been reviewed and McAdams was selected as the firm. Staff received the funding agreement and will be meeting with the Resource Institute along with McAdams to finalize the scope of work. North Carolina Emergency Management Transportation Infrastructure Resiliency Grant The Town was awarded a grant from the North Carolina Emergency Management Transportation Infrastructure Resiliency Program for $790,000. This grant will be used to replace the failing culverts under East Duncan Street, adjacent to the Lillington Recreation Park. Survey work is complete. Staff met with McAdams and discussed the preliminary designs December 19, 2022. Staff provided comments and they are moving into construction drawings. Once construction drawings are complete, bids will be solicited for construction. The project must be complete by December 31, 2023. Golden Leaf Staff was notified by Golden Leaf on June 7, 2022, that the Board of Directors of the Golden LEAF Foundation has approved funding for the project, “Town-wide Hydrologic + Hydraulic Analysis,” in the amount of $225,250. The project includes an overall assessment of the Town’s existing drainage system, including major areas of existing flooding concerns and frequent drainage problem areas/hot spots. Includes an approximate 4 square mile area of analysis, including the eastern side of Town (Poorhouse Creek and systems draining southward to the Cape Fear River) and the primary downtown grid system. The project kickoff meeting was August 2, 2022. Staff discussed priority areas and the scope of work with the selected engineering firm McAdams. McAdams is wrapping up the assessment of current data and field data. They started mapping the Town’s assets, as seen below. They have also started the modeling. This project will take approximately a year to complete in its entirety. McAdams has begun the modeling process. Lillington Board of Commissioners January 09, 2023 Work Session Meeting Minutes PARTF River Park Phase II Staff met onsite to discuss with a contractor the installation of the pedestrian bridges. Two pedestrian bridges will need to be installed in order to connect the trail at the River Park to Cape Fear River Adventures. Capeton Greenway RFQ Staff received four proposals after soliciting for Request for Qualifications for Engineering Services for the Capeton Greenway and the selection committee has been identified. Selection of an Engineering firm will likely take place in January. 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 December. Town Manager’s Report – Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries went over current and ongoing projects. Item #5 Discussion of Regular Meeting Agenda for January 10, 2023 Mayor Glenn McFadden reviewed the Agenda for the January 10, 2023, Regular Meeting. Commissioner Babb made a motion to enter Closed Session. The motion was seconded by Commissioner McPhail and approved unanimously. Commissioner Babb made a motion to come out of Closed Session. The motion was seconded by Commissioner McPhail. Commissioner McPhail made a motion to provide incentive for Public Works employees that worked Christmas Eve. Commissioner Babb seconded the motion that passed unanimously. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Babb and a second by Commissioner McPhail. Attest: ____________________________ _______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor Lillington Board of Commissioners January 10, 2023 Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, January 10, 2023 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 Rupert Langdon Commissioner Dianne Johnson Commissioner Neil McPhail Commissioner Danny Babb Board Members Absent: Commissioner Marshall Page Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Alicia Gregory, Administrative Services Director Lindsey Lucas, Town Clerk/ Permitting Technician Tony Buzzard, Town Attorney Landon Chandler, Planning Director Shane Cummings, Engineer William Baker, Parks and Recreation Director Frankie Powers, Police Chief Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order and welcomed those in attendance at 6:00 pm. Invocation: Commissioner McPhail held the invocation. Agenda Consideration: Mayor Glenn McFadden presented the agenda for consideration by the Town Board. Mayor McFadden informed the Board there would need to be a deletion of agenda items 6-6A and 7-7A. Commissioner McPhail moved to approve the revised agenda. The motion was seconded by Commissioner Langdon and approved unanimously. (Minute Book Notation: Agenda is on file at Lillington Town Hall). Consent Agenda: Commissioner Langdon moved that the consent agenda items be approved as submitted to the Board. The motion was seconded by Commissioner Babb and the following consent agenda items were approved unanimously: Item #1 Work Session Minutes from December 12, 2022 Minutes were approved. Item #2 Regular Session Meeting Minutes from December 13, 2022 Minutes were approved. Item #3 FY22-23 Budget Amendment #4 Approved Lillington Board of Commissioners January 10, 2023 Public Comment: Mayor Glenn McFadden inquired as to whether anyone wished to address the Town Board. There was no one signed up for public comment. PUBLIC HEARING Item #4 Consideration of a Development Agreement between the Town of Lillington and KDP Development, LLC Mayor McFadden opened the Public Hearing at 6:03 p.m. Mayor McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries presented a Development Agreement to the Board between the Town of Lillington and KDP Development, LLC. Mr. Jeffries explained that the Town of Lillington and KDP Development, LLC have worked out an arrangement to install a 12-inch sewer line into Nathan’s Ridge subdivision. The sewer line is part of the NC 210 sewer line project. In addition to the sewer line, the developer will install a manhole and a multi-purpose path along approximately 2,600 feet. The cost to the Town for upsizing the line is $92,000 and the cost of the manhole installation is $28,000. In addition to the credit for the recreation fees, the Town of Lillington will pay KDP Development, LLC $24,000 for the installation of the multi-purpose path. With no additional comments, Mayor McFadden closed the Public Hearing at 6:05 pm. Item #4A Consideration of Approval of Development Agreement between the Town of Lillington and KDP Development, LLC Commissioner McPhail made a motion to approve the Development Agreement between the Town of Lillington and KDP Development, LLC. Commissioner Langdon seconded the motion that passed unanimously. Item #5 Consideration of a Development Agreement between the Town of Lillington and One Lock Storage of Lillington, LLC Mayor McFadden opened the Public Hearing at 6:05 p.m. Mayor McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries presented a Development Agreement to the Board between the Town of Lillington and One Lock Storage of Lillington, LLC. Mr. Jeffries stated the Town is specifically agreeing to fee in lieu of construction of a 3-lane cross section along Hwy NC 210. The developer will pay the Town of Lillington $100,000 to construct future improvements to NC 210 and they will also dedicate right of ways for these improvements. They will also provide the parking spaces as indicated on the special use permit. With no additional comments, Mayor McFadden closed the Public Hearing at 6:07 pm. Item#5A Consideration of Approval of Development Agreement between the Town of Lillington and One Lock Storage Commissioner Babb made a motion to approve the Development Agreement between the Town of Lillington and One Lock Storage of Lillington, LLC. Commissioner McPhail seconded the motion that passed unanimously. Lillington Board of Commissioners January 10, 2023 Item #8 Public Hearing on the Question of Rezoning for 168.22 acres located on NC 210 S and Joel Johnson Road being PIN #: 0548-89-9755.000 Mayor Glenn McFadden opened the Public Hearing at 6:08 p.m. Mayor Glenn McFadden recognized Landon Chandler, Planning Director. Mr. Chandler explained Town staff received an application from the owner to Rezone a 168.22-acre tract located on NC 210 S and Joel Johnson Road. Applicant is proposing a Conditional District Residential Single Family, CD-RS10 district with revised conditions and site plan. This project was originally approved February 15th, 2022 with the original conditions and site plan as shown in the packet. The Planning Board considered the Conditional District Residential Single-Family 10 Zoning District with revised conditions and site plan at their meeting on December 19, 2022 and did unanimously vote to recommend Approval to the Board of Commissioners. Joe Falger with the CE Group spoke in favor of the revision. With no additional questions, Mayor McFadden closed the public hearing at 6:14 p.m. Item #8A Consideration and Approval of an Ordinance Amending the Town of Lillington Zoning Ordinance for Property Identified as PIN#: 0548-89-9755.000 A motion was made by Commissioner Langdon to approve the revised conditions and site plan. The motion was seconded by Commissioner McPhail and approved 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. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner McPhail and a second by Commissioner Babb. Attest: ____________________________ ____________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor 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.org ORDINANCE FY2023-23 BUDGET ORDINANCE AMENDMENT FISCAL YEAR 2022-2023 #5 BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that the following amendment is made to the budget ordinance for the period ending June 30, 2023: Section 1. To amend the General, Powell and Water/Sewer Funds, the revenues and expenditures are to be changed as follows: Account Number Description Increase Decrease 10-00-396-1000 Proceeds from W. Duncan Street $ 99,700 10-00-410-5900 Christmas/Events $ 34,500 10-00-411-3300 Materials & Supplies $ 2,500 10-00-411-4500 Contracted Services $ 2,000 10-00-421-0400 Professional Srvcs $ 6,000 10-00-421-1400 Training & Travel $ 1,200 10-00-421-7400 Capital Outlay $ 5,500 10-20-50-1500 Maint&Rep-Town Hall $ 1,000 Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org 10-20-500-1503 Maint & Repair – Community Center $ 2,000 10-20-500-1511 Maint & Rep – Botanical Trail $ 1,000 10-20-500-7400 Capital Outlay $ 3,000 10-10-510-3600 Uniforms $ 6,500 10-10-510-7400 Capital Outlay $ 6,500 10-10-510-1600 Maint & Rep – Equip $ 500 10-10-530-5700 Miscellaneous $ 1,000 10-10-530-7400 Capital Outlay $ 1,500 10-80-620-3610 Players’ Uniforms $ 15,000 10-00-410-6513 Transfer to SCIF $ 30,000 10-00-399-0000 Fund Balance $ 20,000 77-00-398-1100 Transfer from GF $ 40,000 77-00-400-1000 Construction $ 40,000 60-90-720-0400 Professional Services $ 34,000 60-95-399-0000 Fund Balance $ 34,000 To budget funds for bullet proof vests ($6,500); football helmets/shoulder pads ($15,000); Soccer complex; Purchase new Christmas decorations; professional services to update System Development fees ($34,000); and miscellaneous overages. Town of Lillington | 3 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org Section 2. Copies of this budget amendment shall be furnished to the Governing Body, Budget Officer, Clerk and the Finance Director for their direction Adopted this 14th day of February, 2023 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk Meyers Engineering, PLLC 5708 Carriage Park Court / Fuquay-Varina, NC 27526 / 919-625-0214 February 8, 2023 Mr. Joseph Jeffries, Town Manager Town of Lillington 102 East Front Street POB 296 Lillington, NC 27546 Re: Master Agreement for Professional Services Town of Lillington Capital Improvement Program Dear Mr. Jeffries, Meyers Engineering, PLLC is pleased to submit this proposal for professional services for the Town of Lillington Capital Improvement Program. These professional services will be provided on specific projects as requested by the Town of Lillington. This Master Agreement sets forth the general terms and conditions that apply to all subsequent duly executed task orders for the specific projects. Scope of Services In general, the following tasks shall be included, but not limited to the following in the scope of work as applicable to specific projects: 1.Prepare design plans and specifications for water and wastewater improvement projects. 2.Provide surveying, mapping, and modeling studies. 3.Prepare legal descriptions, boundary surveys and other associated survey documents that may be needed for title preparation, deeds, easement and right-of-way purposes. 4.Provide environmental engineering, geotechnical, planning and consulting services, including the preparation of various studies and assessments to facilitate design, permitting and construction or an approved project. 5.Prepare cost estimates. 6.Research and assist the Town with preparation and administration of grant applications. 7.Prepare various water and wastewater studies, including hydraulic analyses and comprehensive water and wastewater planning. 8.Review the proposed area of proposed improvements and prepare an alternative analysis for potential routes through the corridor, taking into account easements required, utility conflicts, NCDOT coordination, etc. Include preliminary cost estimates for each alternative. 9.During the analysis and design phase, prepare for and lead regular project meetings. These will include project kick-off and monthly progress meetings at a minimum. Prepare and distribute minutes from these meetings. Meyers Engineering, PLLC 5708 Carriage Park Court / Fuquay-Varina, NC 27526 / 919-625-0214 10.Meet with the Town of Lillington staff to review and obtain approval of the recommended alignments and improvements. 11.Obtain all permits and encroachment agreements required for the project and prepare any necessary environmental reports. 12.Provide bidding, construction administration and contract administration services. 13.Coordinate execution of contracts, review and approve submittals for conformance to design intent, reply to requests for information, and provide any design intent clarifications during construction. Maintain updated accurate record drawings throughout the project. Provide inspection services during construction of the project to provide certification of the completed work. 14.Prepare for and lead regular meetings during the project construction phase. At a minimum, construction kick-off and monthly progress meetings are anticipated. Prepare and distribute minutes from these meetings. 15.Provide record drawings at the time of project final completion. Meyers Engineering will coordinate with sub-consultants to complete certain tasks. Each sub-consultant shall be presented to Town of Lillington for approval for each specific project. Meyers Engineering will be responsible for coordination with sub-consultants. Time of Services Time of services will be agreed upon at by the Town of Lillington and Meyers Engineering at time of request for services. A Gantt Chart will be prepared for each specific project to identify critical path for each task and to monitor project progress. Compensation The basis of compensation must be identified for each specific project. The four following basis of compensation are used for services under Specific Project Task Orders, as identified in each specific Task Order: 1.Lump Sum (plus any expenses expressly eligible for reimbursement) 2.Standard Hourly Rates (plus any expenses expressly eligible for reimbursement) 3.Direct Labor Costs Times a Factor (plus any expenses expressly eligible for reimbursement) 4.For task orders which are state and/or federally funded, compensation valuation may be based on hourly labor rates determined by applicable system required by the funding agency. This valuation may be implemented using either a lump sum or time and materials hourly rate contract basis. Reimbursable Expenses Reimbursable expenses such as reproduction costs, mileage, shipping, subcontractor fees shall be billed at actual costs plus 10% and mileage will be billed at the US Internal Revenue Service mileage rate. Terms and Conditions Meyers Engineering has included a copy of its standard Terms and Conditions (Exhibit I) with this Master Agreement and by incorporation makes it a contractual obligation along with the this Master Agreement. Meyers Engineering, PLLC 5708 Carriage Park Court / Fuquay-Varina, NC 27526 / 919-625-0214 Acceptance If this scope of services and terms and conditions of this Master Agreement meets with your approval, please indicate your acceptance by signing this Master Agreement and returning one signed copy. Meyers Engineering, PLLC Town of Lillington 5708 Carriage Park Court 102 East Front Street Fuquay-Varina, North Carolina 27526 Lillington, North Carolina 27546 Jay Meyers, PE, Owner Joseph Jeffries Town Manager Attachment: TOL Terms and Conditions EXHIBIT 1 TERMS AND CONDITIONS Meyers Engineering, PLLC Meyers Engineering, PLLC 5708 Carriage Park Court / Fuquay-Varina, North Carolina 27526 / 919-625-0214 1.REFERENCE: Meyers Engineering, PLLC, a North Carolina Professional Limited Liability Company doing business at 5708 Carriage Park Court, Fuquay-Varina, North Carolina 27526 in the County of Wake, will hereinafter be referenced as ME. The Town of Lillington will hereinafter be referred to as CLIENT. 2.STANDARD OF CARE: Services provided by ME under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of this profession currently practicing under similar conditions. No other representation is expressed or implied, and no warranty or guarantee is included in this Agreement, or in any report, opinion document, or otherwise. 3.CHANGE OF SCOPE: The scope of services set forth in the CONTRACT is based on facts known at the time of execution of this Agreement, including, if applicable, information supplied by CLIENT. For some projects involving conceptual or process development services, the scope may not be fully definable during initial phases. As the Project progresses, facts discovered may indicate that the scope must be redefined. CLIENT acknowledges that in such instances, the scope of the project and compensation therefore may need to be amended. Should the parties be unable to agree on the change of scope and/or price, then either party shall have the right to terminate this Agreement without further notice to the other party. 4.TERMINATION/SUSPENSION: Either party may terminate this Agreement, with or without, upon 30 days written notice to the other party. CLIENT shall pay ME for all Services rendered prior to termination, all reimbursable expenses, plus any expenses of termination. 5.DEFAULT: In the event either party defaults in its obligations under the Agreement (including CLIENT’S obligation to make the payments required hereunder), written notice shall be given to the defaulting party identifying the default, and granting 7 days to the defaulting party to cure such default completely, or to commence such cure and diligently continue the same. Failure of the default party to cure such default or commence the cure within such time limit, shall entitle the non-defaulting party to terminate this Agreement without further notice. In the event of termination by ME as a result of CLIENT’s default and failure to cure the same, ME shall be entitled to be paid for all services rendered prior to termination, all reimbursable expenses, plus any expenses of termination. 6.INDEMNIFICATION: CLIENT shall indemnify and hold harmless ME and all its personnel from and against any and all claims, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or resulting from the performance of the services, provided that any such claim, damage, loss, loss or expense is caused in whole or in part by the negligent act, omission, and/or strict liability of the CLIENT or anyone directly or indirectly employed by the CLIENT (except ME). ME shall indemnify and save CLIENT harmless from and against loss, damage, injury, costs (including attorney's fees and cost of investigation), or liability to the extent arising from the negligent acts and omissions of each other and their respective employees, subcontractors, and agents acting in the course and scope of their employment. 7.LIMITATIONS OF LIABILITY: No employee or agent of ME shall have individual liability to CLIENT. CLIENT agrees that, to the fullest extent permitted by law, ME’s total liability to CLIENT for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the services encompassed by this Agreement from any causes including, but not limited to, ME negligence, errors, omissions, strict liability, breach of contract, breach of warranty, and whether claimed directly or by way of contribution shall be limited to $250,000 under this Agreement. 8.CONSTRUCTION REVIEW: If construction administration and review services are requested by the CLIENT, CLIENT agrees to hold ME harmless from any claims resulting from performance of construction-related services by persons other than ME, and CLIENT acknowledges that such administration, review, or interpretation of construction documents by ME shall not relieve the related contractor from liability in regard to his duties and responsibilities for compliance with the engineering standards for the project. 9.JOB SAFETY: CLIENT acknowledges the services provided by ME do not include responsibility for inspection of safety conditions on the job site, and ME shall not, as permitted by law, be responsible for inspecting, viewing, or looking for potential job safety violations or notifying CLIENT of the same. 10.OPINIONS OF CONSTRUCTION COSTS: Any opinion of construction costs prepared by ME is supplied for the general guidance of the CLIENT only, and CLIENT recognizes that such opinion is based upon limited information, is intended as an estimate only, and is dependent upon various outside factors. Since ME has no control over competitive bidding or market conditions, ME cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to CLIENT, and ME shall not be responsible for any difference between ME’s opinion and estimated or actual construction costs. 11.HIDDEN CONDITIONS: ME shall not be responsible for the existence of any Hidden or Concealed Conditions, nor any damage to persons or property resulting therefrom, the existence of which was unknown to ME and could not have easily become known by reasonable visual observation. EXHIBIT 1 TERMS AND CONDITIONS Meyers Engineering, PLLC Meyers Engineering, PLLC 5708 Carriage Park Court / Fuquay-Varina, North Carolina 27526 / 919-625-0214 12.OWNERSHIP OF DOCUMENTS: All reports, drawings, plans, files, including CADD files, computer generated documents, or any other documents produced by ME as part of this Agreement shall remain the property of ME and may not be used by CLIENT for any other purpose or project without the written consent of ME. In the event CLIENT uses any ME generated documents without written consent of ME, CLIENT shall hold ME harmless from and against any and all claims, damages, losses, and expenses related to or attributed to the unauthorized use of such documents. All reports, drawings, plans, contracts, or other documentation provided by CLIENT to ME for purposes of this Agreement shall not be provided by ME to any other third party without CLIENT’S consent. 13.ASSIGNMENT AND SUBCONTRACTING: This Agreement shall not be assigned by either party without the prior written approval by the other. ME may, however, subcontract portions of the services to a qualified subcontractor without prior approval of CLIENT. 14.DISPUTE RESOLUTION: All claims, disputes, and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by a court of competent jurisdiction. 15.ATTORNEY FEES: In the event that action is brought to enforce the terms of this Agreement then each party shall bear its own costs and attorney fees. 16.AMENDMENT: This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. 17.NO WAIVER: No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character. 18.SEVERABILITY: The various terms, provisions, and covenants, herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 19.FORCE MAJEURE: Obligations of either party under this Agreement shall be suspended, and such part shall not be liable for damages or other remedies while such party is prevented from complying herewith, in whole or in part, due to contingencies beyond its reasonable control, including, but not limited to, strikes, riots, war, fire, acts of God, injunction, compliance with any law, regulation, or order, whether valid or invalid, of the United States of America or any governmental body or instrumentality thereof, whether now existing or hereafter created, inability to secure materials or obtain necessary permits, provided, however, the party so prevented from complying with its obligations hereunder shall promptly notify the other party thereof. 20.GOVERNING LAW: This Agreement shall be governed and construed in accordance with the laws of the State of North Carolina. 1 100721 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made this ____ day of _____________, 2023__ (“Effective Date”), by and between Town of Lillington, NC, ("CLIENT"), a Town of the State of North Carolina, having offices at 102 East Front Street, Lillington, NC 27546_ and MOTT MACDONALD I&E, LLC ("ENGINEER"), a North Carolina limited liability company, having principal offices at 7621 Purfoy Road, Fuquay-Varina, North Carolina, 27526. CLIENT and ENGINEER are collectively referred to as the “Parties” or individually as a “Party”. WHEREAS, CLIENT desires to retain ENGINEER for the purposes of proceeding with professional services; and WHEREAS, CLIENT and the ENGINEER wish to enter into an Agreement to set forth the terms and conditions under which ENGINEER will provide professional services to CLIENT on the Project (as defined herein); NOW, THEREFORE, in consideration of the covenants herein contained, the Parties hereto agree as follows: 1.DEFINITIONS For purposes of this Agreement, the following defined terms shall have the meanings set forth inthis Article 1. (a)“Agreement” means this Agreement together with all other addenda attached hereto from time totime constitute the Agreement. All article and section numbers used herein refer to articles and sectionsof this Agreement unless otherwise specifically stated. (b) "Scope of Work" or “Services” or “Work” means those services described in the Exhibit A. (c) "CLIENT" means the entity noted in the opening paragraph to this Agreement. (d)“Project” means Traffic Engineering and Planning Assistance. 2.SCOPE OF WORK (a)Subject to the terms and conditions of this Agreement, CLIENT engages ENGINEER to perform, and ENGINEER agrees to perform, the Services to be described in Exhibit A, attached to this Agreement,and made a part hereof. Services not expressly provided for in the Scope of Work are excluded fromthe scope of work and ENGINEER assumes no duty to perform such services. ENGINEER'SSERVICES SHALL NOT BE SUBJECT TO ANY EXPRESS OR IMPLIED WARRANTIESWHATSOEVER NOR SHALL IT BE SUBJECT TO ANY FITNESS FOR PURPOSEWARRANTIES, PERFORMANCE STANDARDS OR GUARANTEES OF ANY KIND. (b)The Services performed by ENGINEER be in a manner consistent with that level of care and skillordinarily exercised by other professional consulting firms providing similar services under similarcircumstances at the time, and in the general vicinity where, the services are performed (the “Standardof Care”). 3.COMMENCEMENT OF AND CHANGES IN THE WORK 2 (a) ENGINEER will initiate the tasks as set forth in the Exhibit A upon receipt of a fully executed Agreement from the CLIENT. ENGINEER and the CLIENT may at any time, by mutual written agreement, make changes within the general scope of this Agreement by additions, alterations, deviations, or omissions from this Agreement. (b) If such changes cause an increase or decrease in ENGINEER's cost of or time required for the performance of this Agreement, or if ENGINEER, in the performance of the services, encounters conditions differing materially from those anticipated under this Agreement or beyond what could reasonably have been anticipated by an experienced professional in work of the nature involved, ENGINEER shall be entitled to an equitable adjustment in the compensation and performance time of this Agreement. (c) If, in the performance of its services, ENGINEER encounters hazardous materials, or pollutants that pose unanticipated risks, the Scope of Work and ENGINEER's compensation and time of performance will be reconsidered and this Agreement shall immediately become subject to renegotiation or termination, at ENGINEER's option. In the event that this Agreement is so terminated, ENGINEER shall be paid for its fees and charges incurred to the date of such termination, including, if applicable, any additional fees or charges incurred in demobilizing. (d) It is recognized that other contractors may be retained separately by the CLIENT for the Project (including but not limited to geological, drilling and laboratory contractors) who may provide inputs to the Project to be utilized by ENGINEER. ENGINEER shall have the right to rely upon the timely receipt, correctness and completeness of said inputs. ENGINEER shall not be responsible for the acts, errors or omissions of any remediation action contractors or other contractors working for the CLIENT on the Project. (e) ENGINEER shall not have the authority to control the work of contractors retained by the CLIENT and ENGINEER shall not have any responsibility for the means, methods, sequences, procedures or techniques used on the Project, for site safety, or for the use of safe construction practices by such contractors, such responsibilities resting solely with CLIENT’s other contractors or parties other than ENGINEER. (f) ENGINEER shall not be held responsible for damages or delays in performance (and the direct or indirect costs or consequences arising from such delays) caused or arising in whole or in part from force majeure or other events beyond ENGINEER's reasonable control and to the extent ENGINEER is impacted by the same, then ENGINEER shall be entitled to an equitable adjustment of this Agreement. For purposes of this Agreement force majeure shall include, but not be limited to, adverse weather conditions, changes in law, floods, epidemics, war, riot, strikes, lockouts and other industrial disturbances, accidents, sabotage, fire, terroristic acts, loss of permits, breakdown of machinery, failure to obtain permits, court orders, acts of God, acts, orders, laws or regulations of any government agency and unavoidable delays in the receipt of laboratory testing results. 4. PAYMENT OF ENGINEER'S FEES (a) ENGINEER shall be compensated for its services on a time and materials or lump sum basis, as more particularly set forth in Exhibit A. (b) On or before the 30th day of each month in which the ENGINEER is performing the Services, ENGINEER shall invoice CLIENT for the Services performed through the last day of the preceding month. ENGINEER’S Invoices shall be due and payable within thirty (30) days following CLIENT’s receipt of the invoice. 3 (c) For Services performed on a time and materials basis, invoices shall be submitted monthly by ENGINEER to the CLIENT and shall indicate the charges due from the Hourly Rate Schedule (including, without limitation, reimbursable expenses), attached hereto as Exhibit B. (d) For Services performed on a lump sum basis, invoices shall be submitted monthly by ENGINEER to CLIENT and shall indicate the tasks performed and completed, on a percent completed basis (including, without limitation, reimbursable expenses), and shall include the charges due based on the percentage of completion of the services, or in accordance with a payment schedule as otherwise mutually agreed to in Exhibit A. (e) The CLIENT shall promptly review ENGINEER's invoices and if the CLIENT disputes any amounts invoiced the CLIENT shall give prompt written notice thereof, including the item or items disputed and the basis for the dispute. The CLIENT shall in any event pay all amounts invoiced that the CLIENT does not dispute as provided for herein. Invoiced amounts not paid within thirty (30) days of their receipt shall bear interest at the maximum amount permissible by law. (f) The compensation for ENGINEER's services has been agreed to in anticipation of the orderly and continuous progress of the Project through completion. If there are material modifications or changes in the extent of the Project or in the time required for ENGINEER's services, its compensation and time of performance shall be equitably adjusted. 5. RESPONSIBILITIES OF THE CLIENT The CLIENT, at its own expense, will: (a) Provide all criteria and full information as to the CLIENT's requirements for the Project and will make available to ENGINEER all information, documents and assistance necessary or reasonably requested by ENGINEER in order to enable it to perform the Services in a timely manner, all of which ENGINEER shall be entitled to rely upon without independent verification. (b) Make decisions, provide approvals and obtain all necessary authorizations, licenses and permits required in order to permit the timely performance of the Services, notify ENGINEER if it becomes aware of any matter that may change the scope, timing, order or complexity of the Services, and act reasonably, professionally and in good faith in all respects in connection with the Agreement. (c) Upon request by ENGINEER, furnish ENGINEER with copies of all existing data, reports, surveys, plans and other materials and information, within the possession of the CLIENT, required for the Project, all of which ENGINEER may use and rely upon in performing its services under this Agreement. (d) Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform its services. (e) Be responsible for locating existing underground or covered site utilities, pipelines, tanks and other structures prior to the installation of borings, wells or excavations and be responsible for all claims, liabilities and damages resulting from the failure to accurately to locate same. CLIENT shall review all boring, well and excavation locations prior to installation and shall direct that they be relocated if any conflict exists with any underground utilities, tanks or other structures. (f) Provide a description of activities which were conducted at the site at any time by the CLIENT or by any person or entity which would relate to the services and identify by name, quantity, location and date any releases of hazardous substances or pollutants. 4 (g) Give prompt written notice to ENGINEER whenever the CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services or any alleged defect in ENGINEER's services. (h) Designate an individual or individuals to act as the CLIENT's representative(s) with respect to the services to be rendered under this Agreement. Said individual(s) shall each have complete authority to transmit instructions, receive information and interpret and define the CLIENT's requirements, decisions, policies, drawings, plans, surveys, data and reports. (i) To the extent required by law, promptly report all regulated conditions, including, without limitation, the discovery of releases of hazardous substances at the site to the appropriate authorities in accordance with applicable law. (j) Assume responsibility for unavoidable damage or alteration to the site caused by ENGINEER's services. (k) Assume responsibility for personal injuries and property damage caused by ENGINEER's interference with subterranean structures such as pipes, tanks and utility lines that are not disclosed to or are not accurately disclosed to ENGINEER by the CLIENT in advance. (l) CLIENT shall be solely responsible for the health, safety and welfare of its employees and agents and others with regard to the Work, and shall strictly comply with all health and safety rules, including but not limited to ENGINEER’s Injury, Illness and Prevention Program or applicable guidance which may be provided by ENGINEER, and all other applicable rules, regulations and guidance required by ENGINEER, CLIENT or applicable government agencies relating to the Work. CLIENT is solely responsible for establishing and enforcing any additional requirements that CLIENT deems necessary to protect its employees, ENGINEER’s employees, and any other persons entering the site for purposes relating to CLIENT’s operations 6. INSURANCE So long as ENGINEER is performing Services under this Agreement, ENGINEER shall maintain insurance coverages in forms and limits as set forth below: a. Statutory Worker's Compensation and Employer's Liability Insurance, with limits of $1,000,000. b. Commercial General Liability Insurance in the amount of $1,000,000 bodily injury and property damage, combined aggregate limit, with "XCU" exclusions removed. c. Comprehensive Automobile Liability Insurance for owned, hired and non-owned motor vehicles with limits of $1,000,000 bodily injury and property damage, combined aggregate limit. d. Professional Liability insurance in an amount of $1,000,000 per claim and annual aggregate. 7. INDEMNIFICATION (a) ENGINEER agrees to indemnify, save and hold harmless CLIENT from and against all claims, demands, suits, judgments, liabilities, costs and reasonable attorney fees, to the extent caused by the negligent acts, errors or omissions in the performance of the Services provided hereunder. (b) CLIENT agrees to indemnify, save and hold harmless ENGINEER from and against all claims, demands, suits, judgments, liabilities, costs and reasonably attorney fees, to the extent caused by the negligent acts, errors or omissions of the CLIENT, in the performance of their services or obligations under this Agreement. 5 (c) In addition to (b) above, CLIENT shall indemnify, defend and hold harmless ENGINEER from and against all losses, claims, expenses and damages in whole or in part arising or resulting from or in connection with substances or wastes found or identified at work sites (including, without limitation claims and liabilities arising from statutes such as RCRA, CERCLA, SARA, or any other federal or state statutes) and including but not limited to losses, claims, expenses and damages which arise in whole or in part out of or are related to, or are based upon, the actual, alleged or threatened dispersal, discharge, escape, release or saturation of smoke, vapor, soot, fumes, acids, alkalis, toxic chemicals, wastes, solids, liquids, gases, thermal irritants or contaminants, hazardous, toxic residual or special wastes, materials or substances nuclear material, asbestos material, or any other material, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon in or into the surface or subsurface (a) soils, (b) water or watercourses, (c) objects, or (d) any tangible or intangible matter, whether sudden or not. 8. WAIVER OF CONSEQUENTIAL DAMAGES The Parties waive their rights to any and all claims against each other for incidental, special, indirect or consequential damages of any nature whatsoever, including but not limited to loss of use, lost profits, economic loss, delay, liquated damages or business interruption type damages arising out of or in any way related to the Services or Work, from any cause or causes, including but not limited to joint and several liability or strict liability and whether arising in contract, warranty, tort, negligence (including strict liability) or otherwise and no matter how claimed, computed or characterized. 9. LIMITATION OF LIABILITY CLIENT and ENGINEER have evaluated the risks and rewards associated with the services to be performed under this Agreement, including ENGINEER’s fee relative to the risks assumed, and agree to allocate certain of the risks as set forth herein. Accordingly, to the fullest extent permitted by law, the total aggregate liability of ENGINEER (and its related corporations, subconsultants, and employees) to CLIENT is limited to the professional fees actually paid to ENGINEER for Services provided under this Agreement, for any and all injuries, damages, claims, losses, or expenses (including attorney and expert fees) arising out of ENGINEER’s services under this Agreement, regardless of cause(s) or the theory of liability, including negligence, indemnity, or other recovery. 10. DEFAULT/TERMINATION In the event of a material breach of this Agreement by either Party and provided that the non-breaching Party is not in material breach hereunder and has given written notice to the other Party specifying (i) its material breach and (ii) the non-breaching Party’s intent to terminate this Agreement, all at least ten (10) calendar days before the proposed date of termination, and the breaching Party has failed to correct the material breach within said ten (10) calendar days, or prepared a plan reasonably designed to cure the default if said cure is not possible within said ten (10) day period, then this Agreement shall be terminated on the date set forth in such notice. If the breaching Party cures its breach at any time prior to the proposed date of the termination, the termination notice shall be deemed withdrawn and be of no force or effect. Notwithstanding anything herein to the contrary, CLIENT may terminate this Agreement at any time, for any or no reason, upon written notice to ENGINEER; provided however that any such termination by CLIENT shall not relieve CLIENT of its obligation to pay for services or materials provided by ENGINEER in accordance with the terms of the Agreement prior to termination. 11. TIME FOR PERFORMANCE Subject to the Standard of Care, ENGINEER shall complete its performance of the Services in conformity with the time limitations, if any, set forth in Exhibit A. 12. NOTICES 6 (a) All Notices, instructions and other communications, other than a formal notice of default, required or permitted to be given hereunder shall be in writing and shall be delivered via facsimile transmission or mailed by first class mail, as follows: If to ENGINEER: MOTT MacDONALD I&E, LLC 7621 Purfoy Road Fuquay-Varina, North Carolina, 27526 Attention: Rusty Thompson Phone: 910-689-5460 With a copy to: MOTT MacDONALD, LLC 111 Wood Avenue South Iselin, New Jersey 08830-4112 Attention: General Counsel Phone: 973-379-3400 If to CLIENT: Town of Lillington 102 East Front Street Lillington, North Carolina, 27546 Attention: Joseph Jeffries Phone: 910-893-2654 (b) Either CLIENT or ENGINEER may change the address to which communications to it are to be directed, by giving written notice to the other in the manner provided in this Section 12(a). 13. GENERAL (a) Executed Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but the several counterparts shall constitute but one and the same instrument. (b) Entire Agreement. This Agreement sets forth the entire agreement and understanding of CLIENT and ENGINEER in respect of the transactions contemplated hereby and supersedes all prior agreements, arrangements and understandings relating thereto. No representation, promise, inducement or statement of intention has been made by either CLIENT or ENGINEER which is not embodied in this Agreement. (c) Governing Law. This Agreement will be interpreted and construed in accordance with the internal laws of the State where the Project is located without regard to choice-of-law principles that would require the application of the laws of a jurisdiction other than such State. Unless otherwise prohibited by law CLIENT and ENGINEER waive their right to a trial by jury in any litigation resulting from this Agreement. (d) Third Parties. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than the CLIENT and ENGINEER. ENGINEER's Work Product may not be used or relied upon by any other person without ENGINEER's express written consent. CLIENT agrees and acknowledges that any and all reports, studies, documents or other material prepared by ENGINEER under this Agreement (“Work Product”) are prepared for the sole and exclusive benefit of CLIENT, and not for any third party, including but not limited to any potential investor, financing entity, or purchaser of any of CLIENT’s projects (“Third Party”). CLIENT acknowledges and agrees that Work Product may not be provided to, assigned to, or relied upon by any Third Party for the purpose of raising finances or making an investment decision, or enhancing or maintaining a credit rating, whether under a primary financing, secondary financing, re-financing, equity investment or similar financing. In the event that CLIENT desires to have a Third 7 Party rely on Work Product, CLIENT acknowledges and agrees that such circumstances may require the execution of a modification to this Agreement or execution of a separate form of agreement meeting ENGINEER’s required terms and conditions applicable to such circumstances. Any Work Product may also include a disclaimer providing notice of the limitations on the use and distribution of such Work Product. (e) Ownership of Documents. All design documents, intellectual property, materials or other work product resulting from the Services, including drawings, specifications, calculations, maps, reports, photographs, samples and other documents (hereinafter “Documents”) are instruments of service, and ENGINEER shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the ENGINEER) whether or not the Project is completed. CLIENT may make and retain copies of Documents for information and reference in connection with the use of the Documents on the Project. ENGINEER grants CLIENT a limited license to use the Documents only on the Project for which they were prepared, subject to receipt by ENGINEER of full payment due and owing for all services relating to preparation of the Documents, and subject to the following limitations: (1) CLIENT acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by ENGINEER, or for use or reuse by CLIENT or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by ENGINEER; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by ENGINEER, as appropriate for the specific purpose intended, will be at the CLIENT’s sole risk and without liability or legal exposure to ENGINEER or to its officers, directors, members, partners, agents, employees, and ENGINEERs; and (3) such limited license to CLIENT shall not create any rights in third parties. (f) Severability. The invalidity of any provision or unenforceability thereof shall not affect the validity or enforceability of any other provisions hereof. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officers thereunto duly authorized on the day and year first above written. ATTEST: MOTT MacDONALD I&E, LLC By ________________________________________ Brian Speight, Mid Atlantic Division Manager Dated _____________________________________ ATTEST: CLIENT By ________________________________________ ________________________________________ Joseph Jeffries, Town Manager Dated______________________________________ 8 EXHIBIT A SCOPE OF SERVICES & COMPENSATION SCOPE OF SERVICES: ENGINEER will perform the following services. Mott MacDonald I&E, LLC (MM) proposes to provide On-Call traffic engineering consulting services to the Town of Lillington, NC. Under an on-call contract, MM tasks may include traffic Impact analysis review, commercial development reviews, a CTP update, 10th Street Bypass review, project planning and additional meetings / tasks as requested by the Town of Lillington. COMPENSATION: Time and Materials. ENGINEER's compensation shall be on a time and materials basis, to be billed at the rates set forth below at a not to exceed price of $ 49,900 with monthly billing not to exceed $5,000. 9 EXHIBIT B TO AGREEMENT BETWEEN CLIENT and MOTT MacDONALD (“ENGINEER”) ENGINEER’S RATE SCHEDULE AGENDA ITEM SUMMARY Date of Meeting: February 14, 2023 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 January 10, 2023 for the question of annexation for 203.39-acres being PIN #’s: 0670-15-7985.000, 0670-24-2289.000, & 0670-45-2886.000 Case Number ANX-23-05. § 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 #7-7A S 23°00'00" WS 62 ° 0 0 ' 0 0 " E S 74°15' 0 0 " E 1009.80'673. 2 0 ' S 69°00' 0 0 " W N 84°45'00" W N 18°00'00" ES 87°00'00" ES 02°00'00" WN 87°00'00" W N 15°45'00" E963.60' 359.04'415.80'1016.40'462.00'1148.40'462.00'TOTAL INCLUDING RIGHT OF WAY 184.43 acres 8033579.74 sq ft 4.27 ACRES IN RIGHT OF WAY NET 180.16 ACRES NET BARN DORIS M TYSINGER DB 494 PG 215 WW P GLENN W. JOHNSON DB 1086 PG 48 PC C SLIDE 94C FENCE RUNS ALONG PROPERTY LINENO.4 REBAR SET FLUSH WITH GROUNDS 01°24'30" E1190.54'C8 NO.4 REBARSET FLUSHWITH GROUND N 62°0 1' 3 2" E 335.42' TIE LIN E O N L Y NO. 4 REBAR SET AT POINTERS AT CREEKN 11°52'07" W N 86°45'44" E560.45' 45.85' DALE WEBB SR.DB 2102 PG 120 ECM 14" ABOVEGROUND WILLIAM A. SAWYER & PAULETTE P. SAWYER DB 3266 PG 638 PC E SLIDE 79D 2" EIPWITH NO. 5 REBAR IN CENTER N 22°19'18" W 821.49'S 88°35'30" W FENCE IS 0.71' ONTOPROPERTY 1/2 " EIS 2" BELOW GROUND 286.14' ECM 2" ABOVE GROUND APPROXIMATE 100 YEAR FLOOD PLAIN AS TAKEN FROM MAP NUMBER3720066000J ASADOPTED 10-03-2006 WETLANDS BETWEEN MONUMENT AND DITCH JOHN T. JOHNSON JR. DB 3146 PG 132 PB 2013 PG 156 N 48°5 4' 5 2" W 182.0 5' ECM 5" ABOVEGROUND ECM 6" ABOVE GROUND NO. 5 REBAR(BENT)NAIL AT BASE N 06°52'02" W415.28' WETLANDSN 06°57'39" W539.99'BETSY S. WARREN DB 933 PG 62 PC E SLIDE 92B N 4 8 ° 5 4 ' 4 9 " W 491.94' CH O P P E D L I N E S 87°39'34" E 67 0 . 3 5 ' 1" EIP 6" ABOVE GROUND WITH 32" SWEETGUMPOINTERS ANNIE LEE GAINEY DB 933 PG 60 PC E SLIDE 92B 2" EIP4" ABOVEWATER 772' EXISTING CONCRETE MONUMENT 4" ABOVE GROUND P POND WETLANDS BARNS WELL P HOUSE P BARN P BARN SILOS P 485' BETWEEN DITCHES103' BETWEEN DITCHES S 87°38'36" E 1679.26'WE T L AN DS POND DITCHWETLANDS DITCH 1/2 EIP BENTNAIL AT BASEP DITCHBARN S 87°28'55" E 36.08'S 3 1 ° 4 7 ' 3 8 " E 3 7 2 . 5 3 ' P EXISTING MAG NAIL N 87°36'16" W 27.03'POND EXISTING COTTON SPINDLE BROKEN CONCRETE MONUMENT N 64°01'07" E BARN PORTION DEEDED TO A&M FARMS FROM CAMPBELL COLLEGE SEE DB 672 PG 615 0.21 acres 9290.71 sq ft P N 84°35'18" E US 421 VARIABLE R/W 1299.08' US 421 WEST BOUND LA N E P NO.4 REBAR SET FLUSH WITH GROUND C7 NO.4 REBARSET FLUSH WITH GROUND L7C6 L6S 21°05'55" W 205.66'C4N 3 1 ° 3 5 ' 0 0 " W 6 9 7 . 5 1 ' BARNSP N 80°24'46" E APPROXIMATE ENDOF WATER LINE S 31°46'45" E SEE DB 1464 PG 284FOR DEED TO A&M FARMSPB 2000 PG 773 S 31°18'15" E 217.95' 205.87' EXISTING MAG NAIL P P P POND6.68' TIE LINE ONLY 2" EIP 12" ABOVE GROUND S 3 1 ° 4 7 ' 1 6 " E 4 2 0 . 2 7 ' NO.4 REBAR3" BELOW ASPHALT P N 58° 2 3' 2 6" E NO. 4 REBAR FLUSH WITHGROUND N 58°23'26" E 30.69' 267.7 5' CEMETERY P NAIL AT BASE OF BENT 1 1/4 EIP (BENT) S 74°00'23" E S 64 ° 0 3 ' 0 4 " E 463.61' 46.63' 262. 2 3 ' EIP TIE LINE ONLY KENNETH & SHARON MITCHELLDB 1977 PG 417 PB 2004 PG 842 DAVID & JUDY MILTON DB 1464 PG 281 PB 2000 PG 773PB 2004 PG 842 3/4' EIP (BENT) NAIL AT BASE 656.31'COMBINED FACTOR 0 .99987271 NCGS "HIGHLAND" NSRS 2011 COORDINATES "AS SHOT" (3/15/2022) N=603410.30'E=2074402.93'PUBLISHED COORDINATESNAD 83 (2001) N=603410.31' E=2074402.94' 41.39' S 21°05'55" W 43.74'C5S 21°05'55" WS 21°05'55" W N 22 °46 '30 " W928.05 'TIE L INE ONLY CAMPBELL UNIVERSITY DB 561 PG 09PB 7 PG 49 S 89°56'25" E S 55°55'03" E S 71°19'25" E S 56°58'25" E S 67°48'42" E 22.88' 73.03' 82.30' 35.39' 173.70' NO. 4 REBAR SETAT LOCATION OF ECM MENTIONED IN PB 2000 PG 773 REBECCA J & JAMES P DAVIDSON DB 1207 PG 878 JAMES AND CAROLYN JONESDB 2699 PG 670PB 2009 PG 747 AREA OF THIS PORTION INCLUDING RIGHT OF WAY 12.23 acres 532765.46 sq ft ERNEST G. LONGDB 3168 PG 535PB 2013 PG 319 SEE LINE SHOWN IN PB 2013 PG 319P JOHNSON FARM ROAD 6 0 ' PU B L IC R /W 1" EIP FLUSH WITH GROUND P S 02°07'08" E S 02°07'08" E S 02°07'08" E 99.91' 60.64' P N 80°57'22" E N 80°57'22" E 60.64' 32.53' 53.59' S 02°07'08" E 211.57' P WELL HOUSE BARN S 3 1 ° 4 6 ' 2 0 " E S 04°05'28" W1 3 5 0 . 7 5 ' 6" P VC W ATE R L INE N 87°37'53" W N 87°37'53" W 48.65' TYSING E R R D 60' PUB L I C R/ W NCSR 1 5 2 0C1 N 7 3 ° 46 ' 3 3 " E82 . 8 3 ' FIRE HYDRANT P N 70°23'14 " E S 87°37'53" E 45.84' 843.49' C2 JOHN T. JOHNSON DB 2016 PG 980 PB 2002 PG 447 ECM 2"ABOVE GROUND P N 6 3 ° 2 8 '3 7 " E NO. 4 REBARAT BASE OF 1 1/4" EIP HOUSE P 210 . 65 ' P S 01°36'07" W S 86°18'43" E 931.27'223.73' 11.19' C3 ECM 1" ABOVE GROUND S 02°23'27" W 40.61' 32.79' NO.4 REBAR (BENT) NAIL SET AT BASE 0 300 600 900 1200 1500 PRELIMINARY PLAT: NOT FOR RECORDATION, SALES OR CONVEYANCES I do hereby certify that the Lillington Board of Commisions approved the annexation on ____________and officially adopted this annexation map. ________________________________________________ Date Lindsey B. Lucas, Town Clerk ________________________________________________ Date London Chandler, Zoning Administrator LESLIE CAMPBELL AVE NAIL ATBASE OF BENT 1 1/4 EIP (BENT) ________a. THAT THE SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. ________b. THAT THE SURVEY IS LOCATED IN A PORTION OF A COUNTY OR MUNICIPALITY THATIS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND.________c. ANY ONE OF THE FOLLOWING: 1. THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR ONE OR OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. 2. THAT THE SURVEY IS OF AN EXISTING FEATURE SUCH AS A BUILDING OR OTHER STRUCTURE, OR NATURAL FEATURE, SUCH AS A WATERCOURSE.3. THAT THE SURVEY IS A CONTROL SURVEY.________d. THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION. ________e. THAT THE INFORMATION AVAILABLE TO THE SURVEYOR IS SUCH THAT THE SURVEYORIS UNABLE TO MAKE A DETERMINATION TO THE BEST OF THE SURVEYOR'S PROFESSIONALABILITY AS TO PROVISIONS IN (a) THROUGH (d) ABOVE. ________ ____________________________________________________ DATE SURVEYOR I ALSEY J. GILBERT PLS CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISIONFROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (deed description recorded in db 685 pg 403 etc.) THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND (SEE REFERENCES ON PLAT) THAT THE RATIO OF PRECISION IS 1:37403 THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 24TH DAY OF MARCH AD 2022 ___________________________________________________________ ALSEY J. GILBERT PLS REG. NO. L-3701 ........GEODECTIC MONUMENT 267.7 5' S 3 1 ° 3 5 ' 0 0 " EL4 L2CEMETERY 6 9 5 . 4 7 ' INSET L3 30.69' N 58°23'26" E L5 T IE L INE ON LY L 1 NO. 4 REBAR FLUSH WITHGROUND N 58°2 3' 2 6" E 46.63' S 74°00'23" E 3/24/2022 AJG POWER LINENOT SURVEYEDSTREAM (IE WATER COURSE) RIGHT OF WAYPARCEL BOUNDARY RCP...REINFORCED CONCRETE PIPE AREA BY COORDINATE METHODTITLE BY LAWYERPROPERTY SUBJECT TO EASEMENT OF RECORD FEATURE TIE LINE ........COMPUTED POINTC LEGEND:EIP........EXISTING IRON PIPE IPS........IRON PIPE SETEIS........EXISTING IRON STAKEISS........IRON STAKE SETR/W......RIGHT OF WAY PK........PARKER KALON NAILECM......EXISTING CONC MONUMENTCMS......CONCRETE MONUMENT SETF/H........FIRE HYDRANT S .......SEWER CLEAN-OUT T ........TELEPHONE BOX C ........CABLE BOX ........TRANSFORMER W .......WATER METER SSMH.....SANITARY SEWER MANHOLEN/F.........NOW OR FORMERLYBC..........BACK OF CURB VICINITY MAP NTSJOHNSON FARM RDD US 421NEILLS CREEK RD SITE TYSINGER RD BARN OWNER AT TIME OF SURVEY A AND M FARMS INC C/O W.M. JOHNSON PO BOX 69 LILLINGTON NC 27546 LN A NILORACHTRO ROE YVRUSDNAL AONISSEFORP SEAL L-3701 TREBLIGJ.YESLA Id L1 L2 L3 L4 L5 L6 L7 Bearing S 32°22'09" E N 16°40'30" W N 73°51'33" E S 17°54'19" E S 72°07'31" W N 08°57'09" E N 49°35'37" E Distance 175.18' 12.04' 11.07' 11.70' 11.32' 65.96' 52.36' Id C1 C2 C3 C4 C5 C6 C7 C8 Delta 03°23'19" 10°17'56" 07°34'03" 07°41'50" 09°44'30" 00°14'32" 02°06'29" 04°10'47" Radius 2250.00' 950.00' 675.00' 550.00' 550.00' 11515.16' 11515.16' 5619.58' Arc Length 133.07' 170.76' 89.15' 73.89' 93.51' 48.67' 423.68' 409.96' Chord 133.05' 170.53' 89.09' 73.83' 93.40' 48.67' 423.66' 409.87' Ch Bear S 72°04'53" W N 68°37'35" E N 59°41'36" E S 27°44'05" E S 15°19'44" E N 86°49'03" E N 85°38'33" E S 86°40'42" W AS FOR TIEDATE: 03/01/2022TYPE OF GPS: RTN (GPS) DATUM/ EPOCH: NAD 83 NSRS 2011 POSITIONAL ACCURACY: 0.05' GEOID MODEL: 12B PUBLISH FIXED MODEL: (VRS)COMBINED FACTOR: 0.99987271US SURVEY FOOT NO. 4 REBARS SET FLUSH AT ALL CORNER UNLESS OTHERWISE STATED ANNEXATION PLAT FOR: SEE INSET ALSEY J. GILBERT PLS 442 1/2 EAST MAIN ST. CLAYTON NC 27520 PHONE 919/553-5104 FAX:919/553-3663 ALL DISTANCES ARE HORIZONTAL DISTANCES NC GRID NORTH NAD 83 USING NSRS 2011 DEED REFERENCE: DB 685 PG 403 FIRST AND TWELTH TRACT AND A SMALL 1.2 ACRE TRACT IN DB 1464 PG 284 AND CORNER DEEDED IN DB 672 PG 615 SCALE 1"=300 DATE 12/09/2022 NEILL'S CREEK TWP HARNETT CO NC THE TOWN OF LILLINGTON PRELIMINARY PLAT: NOT FOR RECORDATION, SALES OR CONVEYANCES TOTAL AREA (INCLUDING R/W) 184.31 acres 8028585.97 sq ft 4.27 acres in right of way NET 180.04 ACRES DORIS M TYSINGERDB 494 PG 215 WW P SILOS BARN BARN P 1/2 EIP BENTNAIL AT BASE P EXISTING MAG NAIL S 3 1 ° 4 7 ' 3 8 " E 3 7 2 . 5 3 ' N 87°36'16" W 27.03' EXISTING COTTONSPINDLE N 64°01'07" E AREA OF THISPORTION INCLUDINGRIGHT OF WAY 6.07 acres 264441.37 sq ft S 3 1 ° 3 5 ' 0 0 " E BARN APPROXIMATE ENDOF WATER LINES 3 1 ° 4 7 ' 1 6 " E 4 2 0 . 2 7 ' S 31°18'15" E 205.87' EXISTINGMAG NAIL S 31°46'45" E SEE DB 1464 PG 284FOR DEED TO A&M FARMS PB 2000 PG 773 217.95' P P 6.68' TIE LINE ONLY 2" EIP 12" ABOVE GROUND PONDNO.4 REBAR 3" BELOW ASPHALT P P NO. 4 REBARFLUSH WITHGROUND N 58°23'26" E CEMETERY N 58°2 3' 2 6" E 267.75' Lot 4 P 30.69' NAIL ATBASE OF BENT 1 1/4 EIP (BENT) N 80°24'46" E S 74°00'23" E S 64 ° 0 3 ' 0 4 " E 463.61' 46.63' 262. 2 3 ' EIP TIE LINE ONLY KENNETH & SHARON MITCHELLDB 1977 PG 417 PB 2004 PG 842 DAVID & JUDY MILTONDB 1464 PG 281 PB 2000 PG 773 PB 2004 PG 842 3/4' EIP (BENT) NAIL AT BASE S 89°56'25" E S 55°55'03" E S 71°19'25" E S 56°58'25" E S 67°48'42" E 22.88' 73.03' 82.30' 35.39' 173.70' NO. 4 REBAR SETAT LOCATION OFECM MENTIONED IN PB 2000 PG 773916.70'931.27'SEE LINE SHOWN IN PB 2013 PG 319P S 02°07'08" E N 80°57'22" E N 80°57'22" E S 02°07'08" E 60.64' 32.53' 53.59' 211.57' JOHNSON FARM ROAD 6 0 ' PUB L IC R /W P S 02°07'08" E S 02°07'08" E 99.91' 60.64' P L 9 L8 L6 1" EIPFLUSH WITHGROUND WELL HOUSE BARN S 3 1 ° 4 6 ' 2 0 " EN 04°05'28" E1 3 5 0 . 7 5 ' L7 6 " P VC W A TER L IN E P NCGS "HIGHLAND"NSRS 2011 COORDINATES "AS SHOT" (3/15/2022) N=603410.30' E=2074402.93' PUBLISHED COORDINATESNAD 83 (2001)N=603410.31' E=2074402.94' ERNEST G. LONG DB 3168 PG 535 PB 2013 PG 319 N 87°43'04" W N 18°25 '39" W N 87°43'04" W 900.02'2072.04 ' GR ID DISTANCE 900.00' 60' ACCESS AND UTILITY EASEMENT 60.03'REBECCA J & JAMES P DAVIDSON DB 1207 PG 878 SOIL PATH S 04°06'45" WNEW TRACT 19.08 acres 831337.18 sq ft WELL BARN N 87°43'04" W 1030.68' EXISTING CONCRETE MONUMENT S 86°47'28" ETYSING E R R D 60' PUB LI C R / W NCSR 15 2 0 N 73 °4 6 ' 3 3 " E 82 .8 3 ' C1 FIRE HYDRANT A&M FARMS DB 685 PG 403 NO. 4 REBARAT BASE OF 1 1/4" EIP ECM 1" ABOVE GROUNDP P N 63°28' 3 7" E N 87°37'53" W N 87°37'53" W 210.65' 40.61' N 70°23'14 " E S 87°37'53" E 45.84' 48.65' 843.49' C2 JOHN T. JOHNSON DB 2016 PG 980PB 2002 PG 447 P C3 HOUSE P S 01°36'07" W S 86°18'43" E 223.73' 11.19' ECM 2" ABOVEGROUND S 02°23'27" W 32.79' NO.4 REBAR (BENT)NAIL SET AT BASE S 86°45'48" E 48.21' 851.79'SOIL PATH NO. 4 REBAR 4" ABOVE GROUND JAMES AND CAROLYN JONES DB 2699 PG 670 PB 2009 PG 747 I do hereby certify that the Lillington Board of Commisions approved the annexation on ____________and officially adopted this annexation map. ________________________________________________ Date Lindsey B. Lucas, Town Clerk ________________________________________________ Date London Chandler, Zoning Administrator 10/25/2022 AJG ________a. THAT THE SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND.________b. THAT THE SURVEY IS LOCATED IN A PORTION OF A COUNTY OR MUNICIPALITY THATIS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND.________c. ANY ONE OF THE FOLLOWING: 1. THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR ONE OR OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. 2. THAT THE SURVEY IS OF AN EXISTING FEATURE SUCH AS A BUILDING OR OTHER STRUCTURE, OR NATURAL FEATURE, SUCH AS A WATERCOURSE.3. THAT THE SURVEY IS A CONTROL SURVEY. ________d. THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION. ________e. THAT THE INFORMATION AVAILABLE TO THE SURVEYOR IS SUCH THAT THE SURVEYORIS UNABLE TO MAKE A DETERMINATION TO THE BEST OF THE SURVEYOR'S PROFESSIONALABILITY AS TO PROVISIONS IN (a) THROUGH (d) ABOVE. ________ ____________________________________________________ DATE SURVEYOR I ALSEY J. GILBERT PLS CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (deed description recorded indb 3168 pg 535 etc.) THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND (SEE REFERENCES ON PLAT) THAT THE RATIO OF PRECISION IS 1:37403 THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE,REGISTRATION NUMBER AND SEAL THIS 25TH DAY OF OCTOBER AD 2022 ___________________________________________________________ ALSEY J. GILBERT PLS REG. NO. L-3701 LN A NILORACHTRO ROE YVRUSDNAL A ONISSEFORP SEAL L-3701 TREBLIGJ.YESL A VICINITY MAP NTS ........GEODECTIC MONUMENT POWER LINENOT SURVEYEDSTREAM (IE WATER COURSE) RIGHT OF WAYPARCEL BOUNDARY RCP...REINFORCED CONCRETE PIPE AREA BY COORDINATE METHODTITLE BY LAWYERPROPERTY SUBJECT TO EASEMENT OF RECORD FEATURE TIE LINE ........COMPUTED POINTC LEGEND:EIP........EXISTING IRON PIPE IPS........IRON PIPE SETEIS........EXISTING IRON STAKEISS........IRON STAKE SETR/W......RIGHT OF WAY PK........PARKER KALON NAILECM......EXISTING CONC MONUMENTCMS......CONCRETE MONUMENT SETF/H........FIRE HYDRANT S .......SEWER CLEAN-OUT T ........TELEPHONE BOX C ........CABLE BOX ........TRANSFORMER W .......WATER METER SSMH.....SANITARY SEWER MANHOLEN/F.........NOW OR FORMERLYBC..........BACK OF CURB SITENEILLS CREEK RDJOHNSON FARM RDD US 421 LESLIE CAMPBELL AVE TYSINGER RD Id L6 L7 L8 L9 Bearing N 58°13'40" E S 87°43'04" E N 58°13'40" E N 31°46'20" W Distance 104.68' 20.27' 123.05' 60.00' Id L1 L2 L3 L4 L5 Bearing S 32°22'09" E N 16°40'30" W N 73°51'33" E S 17°54'19" E S 72°07'31" W Distance 175.18' 12.04' 11.07' 11.70' 11.32' 0 200 400 600 800 1000 Id C1 C2 C3 C4 C5 Delta 03°23'19" 10°17'56" 07°34'03" 01°02'59" 04°01'35" Radius 2250.00' 950.00' 675.00' 11566.16' 5870.00' Arc Length 133.07' 170.76' 89.15' 211.88' 412.51' Chord 133.05' 170.53' 89.09' 211.87' 412.43' Ch Bear S 72°04'53" W N 68°37'35" E N 59°41'36" E S 85°09'58" W S 86°39'16" W NO. 4 REBARS SET FLUSH AT ALL CORNER UNLESS OTHERWISE STATED ANNEXATION MAP FOR: ALSEY J. GILBERT PLS 442 1/2 EAST MAIN ST. CLAYTON NC 27520 PHONE 919/553-5104 FAX:919/553-3663 ALL DISTANCES ARE HORIZONTAL DISTANCES NC GRID NORTH NAD 83 USING NSRS 2011 DEED REFERENCE: DB 3168 PG 535 PB 2013 PG 319 SCALE 1"=200' DATE 10/25/2022 NEILL'S CREEK TWP HARNETT CO NC THE TOWN OF LILLINGTON OWNER AT TIME OF SURVEY ERNEST G. LONG PO BOX 2327 LILLINGTON NC 27546 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 FY2023-19 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. 2023-11 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. 2023-12 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 14th day of February, 2023, after due notice by publication on the 3rd of February, 2023; 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 February 14, 2023. The area proposed for annexation are described as follows: Beginning at the most eastern point of the A and M farms tract said point being a number 4 rebar a common corner with Campbell University and David and Joy Milton), said point being N 22 Deg 46 Min 30 Sec E 928.05’ from NCGS Monument Highland said monument having NCGS coordinates (NSRS 2011) of N=603410.30’ and E=2074402.93’said point being the POINT OF BEGINNING ; thence along a line with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 656.54'to a point on the eastern right of way of Johnson Farm Road; thence S 21 Deg 05 Min 55 Sec W, a distance of 41.55'to a point in center of Johnson Farm Rd; thence S 21 Deg 05 Min 55 Sec W, a distance of 43.95' to the Western right of way of Johnson Farm Rd; thence continuing along a line with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 197.48' to the Northern Right of Way of US 421: thence along the Northern right of way US 421 with a curve the point of curvature of a non-tangent curve, concave to the south, having a radius of 11566.16' a central angle of 01 Deg 02 Min 59 Sec, and a chord of 211.87' bearing S 85 Deg 09 Min 58 Sec W; thence West along said curve, a distance of 211.88'; thence continuing along said right of way of US 421 S 84 Deg 38 Min 28 Sec W, a distance of 1511.46' to a point the point of curvature of a tangent curve, concave to the north, having a radius of 5870.00' and a central angle of 04 Deg 01 Min 35 Sec; thence West along said curve, a distance of 412.51', curving to the 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 right; thence leaving said right of way of US 421 along a line with Glen W. Johnson N 01 Deg 24 Min 30 Sec W, a distance of 1188.09'; thence along the Northern line of Glen W. Johnson S 88 Deg 35 Min 30 Sec W, a distance of 821.49' to Rebar set in Creek; thence along the eastern line of Dale Webb to a 2” Eip with No. 5 rebar in center N 22 Deg 19 Min 18 Sec W, a distance of 286.14'; thence along a line with William A. Sawyer N 11 Deg 52 Min 07 Sec W, a distance of 560.45' to an existing concrete monument 6” above the ground; thence continuing along another line with William A. Sawyer N 06 Deg 52 Min 02 Sec W, a distance of 415.28' to a Found No. 5 rebar (bent); thence along a line with Betsy Warren N 06 Deg 57 Min 39 Sec W, a distance of 539.99' to and existing concrete monument 5” above ground; thence along another line with Betsy Warren N 48 Deg 54 Min 52 Sec W, a distance of 182.05' 2” existing iron pipe 4” above water; thence along a line with Annie L Gainey to an existing concrete monument as called for in PB 2013 Pg 156 N 48 Deg 54 Min 52 Sec W, a distance of 670.59'; thence along the southern line of John T Johnson S 87 Deg 38 Min 36 Sec E, a distance of 492.13' to an Existing Concrete Monument at edge of water; thence continuing along the John T Johnson line S 87 Deg 38 Min 36 Sec E, a distance of 1679.26' to the Western right of way of Johnson Farm Road; thence S 87 Deg 28 Min 55 Sec E, a distance of 36.08' to the center of Johnson Farm Road; thence along the center of Johnson Farm Road S 31 Deg 47 Min 38 Sec E, a distance of 372.53' to the center of Tysinger Road; thence continuing along the center of Tysinger Rd the following calls N 70 Deg 23 Min 14 Sec E, a distance of 45.84' to the point of curvature of a tangent curve, concave to the south, having a radius of 2250.00' and a central angle of 03 Deg 23 Min 19 Sec; thence East along said curve, a distance of 133.07', curving to the right; thence N 73 Deg 46 Min 33 Sec E, a distance of 82.83' to the point of curvature of a tangent curve, concave to the north, having a radius of 950.00' and a central angle of 10 Deg 17 Min 56 Sec; thence East along said curve, a distance of 170.76', curving to the left; thence N 63 Deg 28 Min 37 Sec E, a distance of 210.65' to the point of curvature of a tangent curve, concave to the northwest, having a radius of 675.00' and a central angle of 07 Deg 34 Min 03 Sec; thence Northeast along said curve, a distance of 89.15', curving to the left; thence leaving the centerline of Tysinger Road S 87 Deg 37 Min 53 Sec E, a distance of 48.65' to a Number 4 rebar found on the right of way; thence along a line with James and Carolyn Jones S 87 Deg 37 Min 53 Sec E, a distance of 40.61' to an existing concrete monument; thence a line with James and Carolyn Jones S 01 Deg 36 Min 07 Sec W, a distance of 223.73' to a number 4 rebar at base of a 1 ¼” Eip; thence along the southern line with James and Carolyn Jones S 86 Deg 18 Min 43 Sec E, a distance of 11.19' to an existing concrete monument 2” above ground; thence along a line with Ernest G. Lone S 04 Deg 05 Min 28 Sec W, a distance of 931.27' to a 1” existing iron pipe; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 211.57' to the eastern right of way of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to a point in center of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to the western right of way of Johnson Farm Road; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 99.91'; thence N 80 Deg 57 Min 22 Sec E, a distance of 53.59' to a point on the western right of way of Johnson Pond Road; thence N 80 Deg 57 Min 22 Sec E, a distance of 32.53' to the center of Johnson Pond Road; thence along the center of Johnson Pond Road the following calls S 31 Deg 47 Min 16 Sec E, a distance of 420.27'; thence S 31 Deg 46 Min 45 Sec E, a distance of 217.95'; thence S 31 Deg 18 Min 15 Sec E, a distance of 205.87'; thence leaving the center of Johnson Farm Road N 58 Deg 23 Min 26 Sec E, a distance of 30.69' to the eastern right of way of Johnson Pond Road; thence along a line with along the southern line of David and Judy Milton N 58 Deg 23 Min 26 Sec E, a distance of 267.75' to a point in the branch; thence along said branch the following calls S 74 Deg 00 Min 23 Sec E, a distance of 46.63'; thence S 67 Deg 48 Min 42 Sec E, a distance of 173.70'; thence S 56 Deg 58 Min 25 Sec E, a distance of 35.39'; thence S 71 Deg 19 Min 25 Sec E, a distance of 82.30'; thence S 55 Deg 55 Min 03 Sec E, a distance of 73.03': thence S 89 Deg 56 Min 25 Sec E, a distance of 22.88'; to the POINT OF BEGINNING; said described tract containing 184.31 acres. See map entitled Forsyth Investments Company LLC by Alsey J. Gilbert PLS Dated 03/24/2022. Beginning at a new point in the southern line of Ernest G Long and northern line of Rebecca and James Davidson, said point being located N 87 Deg 43 Min 04 Sec W 1030.68' from an existing concrete Town of Lillington | 3 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com monument being the northeastern corner of Rebecca and James Davidson and also being N 18 Deg 25 Min 39 Sec w 2072.04' from NCGS Highland having NSRS 2011 coordinates of N=603410.30' and E=2074402.94' as shot 03/15/2022, said point being the POINT OF BEGINNING; thence along the northern line of Rebecca J. and James P Davidson as recorded in db 1207 pg 878 N 87 Deg 43 Min 04 Sec W, a distance of 900.00' to a 1" EIP flush with ground; thence along a line with A&M Farms N 04 Deg 05 Min 28 Sec E, a distance of 931.27' to an ECM 1" above ground; thence along the southern line of James and Carolyn Jones as recorded in db 2699 pg 670 and pb 2009 pg 747 S 86 Deg 47 Min 28 Sec E, a distance of 851.79' an existing rebar 4" above ground; thence continuing along said line S 86 Deg 45 Min 48 Sec E, a distance of 48.21' and No. 4 rebar set flush; thence along a new line with Ernest G. Long S 04 Deg 06 Min 45 Sec W, a distance of 916.70' to the POINT OF BEGINNING; said described tract containing 19.08 Acres. Annexation Map Recorded in Map Book _______ - _______ Section 2. Upon and after February 14, 2023, 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 14th day of February, 2023 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk APPROVED AS TO FORM: Tony Buzzard, Town Attorney AGENDA ITEM SUMMARY Date of Meeting: February 14, 2023 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Consideration of Zoning Assignment for 203.39 acres located on US 421 S and Johnson Farm Rd. being PIN(s) #: 0670-24-2289.000, 0670-15-7985.000, & a portion of 0670-45-2886.000. ITEM SUMMARY Discuss and Consider Zoning Assignment for 203.39 acres located on US 421 S and Johnson Farm Rd. being PIN(s) #: 0670-24-2289.000, 0670-15-7985.000, & a portion of 0670-45-2886.000. RECOMMENDED ACTION Approve Consideration of Zoning Assignment for 203.39 acres located on US 421 S and Johnson Farm Rd. being PIN(s) #: 0670-24-2289.000, 0670-15-7985.000, & a portion of 0670- 45-2886.000. Suggested Statement of Consistency As stated in the evaluation, the requested zoning assignment to General Business (GB), Residential Mixed Use (RMX), Neighborhood Mixed Use (NMX) and Facilities, Recreation and Open Space (FRO) 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 General Business (GB), Residential Mixed Use (RMX), Neighborhood Mixed Use (NMX) and Facilities, Recreation and Open Space (FRO) 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 #8-8A REZONING STAFF REPORT CASE NUMBER: _RZ-22-08 Landon Chandler, Planning Director ltchandler@lillingtonnc.org Phone: (910) 893-0316 Fax: (910) 893-3693 www.lillingtonnc.org Planning Board: January 17, 2023 Town Commissioners: February 14, 2023 To assign zoning to two existing tracts, and one proposed addition totaling +/- 180.04 & 19.08 acres respectively. These tracts are located on US 421 S. & Johnson Farm Rd respectively. Current zoning on site is RA-30 & Conservation through Harnett County. The applicant is proposing four district zoning districts as shown in the supplemental materials, General Business (GB), Residential Mixed Use (RMX), Neighborhood Mixed Use (NMX), and Facilities Recreation and Open Space (FRO). Applicant Information Owner of Record: Applicant: Name: A&M Farms, Inc. & Ernest G. Long Name: Forsyth Investments Company, LLC Address: PO Box 69 Address: 414 Forsyth St. City/State/Zip: Lillington, NC 27546 City/State/Zip: Raleigh, NC 27609 Property Description PIN(s): 0670-24-2289.000, 0670-15-7985.000, & a portion of 0670-45-2886.000 Acreage: ~199.12 total Address/SR No.: Johnson Farm Rd. & US 421 S., NC 27546 Vicinity Map Terrain Physical Characteristics and Existing Land Uses Site Description: The site is currently comprised of 3 undeveloped tracts. There is currently public water and sewer along US 421 S. however, the capacity and/or ability to connect has not yet been fully explored. The surrounding land uses are single-family residential, agricultural, commercial, and institutional uses. Current Land Use Classification Per Harnett County Development Services: • Low Density Residential • Medium Density Residential • Environmentally Sensitive Areas • Employment Mixed Use Land Use Map Services Available - Other: A potential connection may be made however; no guarantees are expressed if this zoning proposal is approved. The developer will need to work with Harnett Regional Water, as well as the Town of Lillington to achieve adequate service to the project. Water: Sewer: Public (Town Of Lillington) ☐Public (Town of Lillington) ☒Public (Harnett County) ☐ Private (Septic) ☐ Private (Well) ☒ Other (Unverified Proposed Zoning: The applicant is proposing a mixture of four different zoning districts as reference and explained below: 1. General Business (GB): The GB District is designed to accommodate highway-oriented retail, commercial service uses and, in some cases, light manufacturing. The major objectives of this district are to: A. To encourage the construction of and the continued use of the land for commercial and service uses, particularly those which have a larger land area requirement; B. To provide for the orderly expansion of such uses within this district, as designated on the zoning map; C. To discourage the continuance of existing non-conforming uses that would not be permitted as uses under the provision of this district; D. Discourage small Lot development on major highways; E. Encourage vehicular access from service drives and other local commercial streets rather than directly from arterial streets; and F. Provide a location for major shopping facilities and land uses requiring large outdoor spaces. 2. Residential Mixed Use (RMX): The RMX District is established to accommodate a variety of housing types in a neighborhood setting and is intended to provide areas for higher density residential development in close proximity (within ¼ - ½ mile) to commercial areas such as the CB, NB, NMX and GB districts. The intent is to create higher density residential areas that compliment commercial districts with physical proximity and pedestrian connectivity. The regulations of this district are intended to encourage quality design of multi-family developments and ensure their compatibility with surrounding neighborhoods and land uses. 3. Facilities, Recreation and Open Space (FRO): The FRO District is intended for open space, public facilities and privately owned and recreation areas. Publicly owned land uses include governmental, recreational, education, natural resource and utility facilities. Privately owned land uses include golf resorts and related facilities, land trusts established to preserve natural resources, schools and recreational facilities that typically include substantial open space. The major objectives of this district are to: A. Provide land for publicly-owned governmental facilities and privately-owned natural and man-made resource and recreation areas; and B. Preclude major residential, retail office, institutional, and industrial uses that typically provide limited open space. 4. Neighborhood Mixed Use (NMX) The NMX District is intended to provide pedestrian-scaled, higher density residential housing and mixed with commercial activities. Development in this district should encourage pedestrian activity through construction of mixed-use buildings and connections to adjacent neighborhoods. Buildings in this district are typically small and detached. The regulations of this district are intended to encourage quality design of multi-family developments and ensure their compatibility with surrounding neighborhoods and land uses. Examples of Use Tables for All Proposed Districts: Staff Evaluation: 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 General Business (GB), Residential Mixed Use (RMX), Neighborhood Mixed Use (NMX), and Facilities, Recreation and Open Space (FRO) Will Not have a negative impact on the community. These zoning districts would have to be well buffered from dissimilar zoning and/or uses. Although the uses that are being proposed are of a higher density and type, there are associated benefits that do not currently exist in the area. Unique opportunities and/or uses can be achieved through the various proposed districts to improve overall quality of life. The existing transportation characteristics will need to be upgraded to accommodate this project, thus improving traffic conditions along US 421 S. & Johnson Farm Rd. The requested zoning assignment is compatible with the existing Land Use Classification. • REASONING: These tracts ARE NOT currently outlined within the Town of Lillington’s Future Land Use Plan. However, if the property is annexed and zoned, this gives the Town an opportunity to include the future uses found on this property in a more comprehensive style plan. This request has the potential to act as a driver to further develop a course of action for the overall vicinity. The proposal does enhance or maintain the public health, safety and general welfare. • REASONING: The requested zoning assignment General Business (GB), Residential Mixed Use (RMX), Neighborhood Mixed Use (NMX), and Facilities, Recreation and Open Space (FRO) would maintain or enhance the public health, safety, and general welfare. If this request is approved, staff envisions a style of development that has the potential to offer venues, services, and residential products that may not currently available in Town, or in some cases, the County as a whole. Due diligence will be taken to ensure compliance with all associated regulatory documents so that the aforementioned standards are preserved. Rezoning Application (rev. 3.10.21) Page 1 of 3 TOWN OF LILLINGTON REZONING APPLICATION Planning & Inspections Department 102 East Front Street, PO Box 296 Lillington NC 27546 ● phone 910-893-0311 ●fax 910-893-3693 lillingtonnc.org PROCESS INFORMATION: ________________________________________________________________ Submission Requirement: A petition for a rezoning (conventional or conditional zoning district) to the Town's official zoning map shall be filed with the Administrator. Such petition shall contain all the information required on this form and must be determined to be complete by the Administrator prior to advancing it through the review process. Public Notification: This is a legislative process that requires a public hearing and public notification. General notice in newspaper and mailed notice to adjacent property owners shall be required. Review Process: Per Section 7 of the Lillington Unified Development Ordinance (UDO), all applications are to be reviewed for compliance by the Administrator and then forwarded for to the Planning Board (review) and Board of Commissioners (decision) for consideration. Conventional Rezoning Requests: These are “general” requests involving a zoning change to an individual parcel of land. The request is to amend or change the Town’s Official Zoning Map in a certain area from one zoning district to another. “Conventional” rezoning requests are not specific and if approved, any permitted land use within the new zoning district as illustrated in the Section 3.01.5 (Use Table) of the Lillington UDO could be permitted. Conditional Zoning District Requests: Conditional Zoning Districts (CZ) are districts with conditions voluntarily added by the applicant and approved in in accordance with NCGS 160D‐703. Conditional Zoning Districts provide for orderly and flexible development under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by‐right development. Conditional zoning districts may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance procedure. Conditional zoning districts can include restrictive land uses, site/subdivision master plans and other information as described in Section 7.11 of the UDO. FILING INSTRUCTIONS: _________________________________________________________________ _____ Every applicant for a rezoning is required to meet with the Administrator in a pre-application conference prior to the submittal of a formal application. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application. _____ A petitioner must complete this application in full. This application will not be processed unless all information requested is provided. _____ The filing fee. * Town of Lillington fees and charges are subject to change without notice. _____ Each application shall be accompanied by, at minimum, an accurate survey of the subject property, an Existing Conditions Map and Master Plan per Section 7.02.4 of the UDO. _____ The petitioner, or his duly authorized agent, shall submit with the application a list of all adjoining property owners of the proposed request, with the current mailing address of each. These adjoining property owners will be notified of the proposed request by the Planning & Inspections Department. _____ The application must be signed by the owner or by an authorized agent of the property. Rezoning Application (rev. 3.10.21) Page 2 of 3 GENERAL PROJECT INFORMATION: Project Address / Location: Zoning District: Size of Property (in acres): Harnett Co. Tax PIN #: Proposed Building Square Footage: ___________ Town Jurisdiction: _____ In-Town Limits _____ ETJ Existing land use/zoning on adjoining properties: North: _____________________________________________________ South: _____________________________________________________ East: _____________________________________________________ West: _____________________________________________________ APPLICANT INFORMATION: Applicant: Address: City: State: Zip: Phone: Email: Property Owner (if different from applicant): Address: City: State: Zip: Phone: Email: REZONING REQUEST: ______ _____ Conventional (General) _____ Conditional Zoning District Existing Zoning Classification: ________________________________________________________________________ Proposed Zoning Classification: ________________________________________________________________________ If the request is to a Conditional Zoning District, this application should be accompanied by a master plan that includes land use, existing conditions, buildings, lots, etc. per Section 7 of the Lillington UDO. In addition, please provide a narrative of the proposed use and list any proposed conditions: Proposed Land Use: _________________________________________________________________________________ __________________________________________________________________________________________________ Proposed Conditions Offered by Applicant: ______________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 178.67 ac. A&M Tract (Per Co. GIS) S 23°00'00" WS 62 ° 0 0 ' 0 0 " E S 74°15' 0 0 " E 1009.80'673. 2 0 ' S 69°00' 0 0 " W N 84°45'00" W N 18°00'00" ES 87°00'00" ES 02°00'00" WN 87°00'00" W N 15°45'00" E963.60' 359.04'415.80'1016.40'462.00'1148.40'462.00'TOTAL AREA (INCLUDING R/W) 184.31 acres 8028585.97 sq ft 4.27 acres in right of way NET 180.04 ACRES BARN DORIS M TYSINGER DB 494 PG 215 WW P N 48°5 4' 5 2" W 182.0 5' ECM5" ABOVEGROUND 2" EIPWITH NO. 5 REBAR IN CENTER 1188.09'FENCE RUNS ALONG PROPERTY LINENO.4 REBAR SET FLUSH WITH GROUND C5 NO.4 REBAR SET FLUSH WITH GROUND S 88°35'30" W 1/2 " EIS 2" BELOW GROUND NO. 4 REBAR SET AT POINTERS AT CREEK N 86°45'44" E 45.85' DALE & NELLIE WEBBDB 2102 PG 120 ECM 14" ABOVEGROUND FENCE IS 0.71' ONTOPROPERTY N 01°24'30" WN 62°0 1' 3 2" E 335.42' 821.49' ECM 2" ABOVE GROUND GLEN W. JOHNSON DB 1086 PG 48 PC C SLIDE 94C TIE LIN E O N L Y APPROXIMATE 100 YEAR FLOOD PLAIN AS TAKEN FROM MAP NUMBER3720066000J ASADOPTED 10-03-2006 N 11°52'07" W560.45' N 22°19'18" W 286.14' POND WILLIAM A. SAWYER & PAULETTE P. SAWYER DB 3266 PG 638 PC E SLIDE 79D ECM 6" ABOVE GROUND WETLANDS AREA ON WEST SIDE OF ROAD INCLUDING RIGHT OF WAY 166.01 acres7231379.15 sq ft BARNS P N 06°52'02" W415.28'NO. 5 REBAR(BENT)NAIL AT BASEN 06°57'39" W539.99' BETSY S. WARREN DB 933 PG 62 PC E SLIDE 92B WETLANDS PWELL HOUSE P SILOS BARN P BARN P WETLANDS BETWEEN MONUMENT AND DITCH JOHN T. JOHNSON JR. DB 3146 PG 132 PB 2013 PG 156 N 4 8 ° 5 4 ' 5 2 " W PO R T I O N N O T AC C E S S I B L E D U E TO B E A V E R P O N D S 87°38'36" E 67 0 . 5 9 ' COMPUTED LOCATIONOF ECM AS SHOWN INPC E SLIDE 92BAND PB 2013 PG 156 ANNIE LEE GAINEY DB 933 PG 60 PC E SLIDE 92B 2" EIP4" ABOVEWATER 772' 492.13' EXISTING CONCRETE MONUMENT 4" ABOVEGROUND 485' BETWEEN DITCHES103' BETWEEN DITCHES S 87°38'36" E 1679.26'WE T L AN DS POND DITCHWETLANDS DITCH 1/2 EIP BENTNAIL AT BASEP DITCHBARN S 87°28'55" E 36.08'S 3 1 ° 4 7 ' 3 8 " E 3 7 2 . 5 3 ' P EXISTING MAG NAIL N 87°36'16" W 27.03'POND EXISTING COTTON SPINDLE BROKEN CONCRETE MONUMENT N 64°01'07" E AREA OF THIS PORTION INCLUDING RIGHT OF WAY 6.07 acres264441.37 sq ft BARN P S 3 1 ° 3 5 ' 0 0 " E US 421 VARIABLE R/W S 84°38'28" W 1511.46' US 421 WEST BOUND LA N E P NO.4 REBAR SET FLUSH WITH GROUNDNO.4 REBARSET FLUSHWITH GROUND C4 N 21°05'55" E 197.48' 6 9 5 . 4 7 ' BARNSP N 80°24'46" E APPROXIMATE ENDOF WATER LINE S 31°46'45" E SEE DB 1464 PG 284FOR DEED TO A&M FARMSPB 2000 PG 773 S 31°18'15" E 217.95' 205.87' EXISTING MAG NAIL P P P POND6.68' TIE LINE ONLY 2" EIP 12" ABOVE GROUND S 3 1 ° 4 7 ' 1 6 " E 4 2 0 . 2 7 ' NO.4 REBAR3" BELOW ASPHALT P N 58° 2 3' 2 6" E NO. 4 REBAR FLUSH WITHGROUND N 58°23'26" E 30.69' 267.7 5' CEMETERY Lot 4 P NAIL AT BASE OF BENT 1 1/4 EIP (BENT) S 74°00'23" E S 64° 0 3 ' 0 4 " E 463.61' 46.63' 262. 2 3 ' EIP TIE LINE ONLY KENNETH & SHARON MITCHELLDB 1977 PG 417 PB 2004 PG 842 DAVID & JUDY MILTON DB 1464 PG 281 PB 2000 PG 773PB 2004 PG 842 3/4' EIP (BENT) NAIL AT BASE 656.54'COMBINED FACTOR 0 .99987271 NCGS "HIGHLAND" NSRS 2011 COORDINATES "AS SHOT" (3/15/2022) N=603410.30'E=2074402.93' PUBLISHED COORDINATES NAD 83 (2001) N=603410.31' E=2074402.94'S 21°05'55" WN 21°05'55" E N 21°05'55" E N 22 °46 '30 " W928.05 ' 43.95' 41.55'TIE L INE ONLY CAMPBELL UNIVERSITY DB 561 PG 09PB 7 PG 49 S 89°56'25" E S 55°55'03" E S 71°19'25" E S 56°58'25" E S 67°48'42" E 22.88' 73.03' 82.30' 35.39' 173.70' NO. 4 REBAR SETAT LOCATION OF ECM MENTIONED IN PB 2000 PG 773 REBECCA J & JAMES P DAVIDSON DB 1207 PG 878 JAMES AND CAROLYN JONESDB 2699 PG 670PB 2009 PG 747 AREA OF THIS PORTION INCLUDING RIGHT OF WAY 12.23 acres 532765.46 sq ft ERNEST G. LONGDB 3168 PG 535 PB 2013 PG 319 SEE LINE SHOWN IN PB 2013 PG 319P JOHNSON FARM ROAD 6 0 ' PU B L IC R /W 1" EIP FLUSH WITH GROUND P S 02°07'08" E S 02°07'08" E S 02°07'08" E 99.91' 60.64' P N 80°57'22" E N 80°57'22" E 60.64' 32.53' 53.59' S 02°07'08" E 211.57' P WELL HOUSE BARN S 3 1 ° 4 6 ' 2 0 " E S 04°05'28" W1 3 5 0 . 7 5 ' 6" P VC W ATE R L INEN 6 3 ° 28 '3 7 " E N 87°37'53" W NO. 4 REBARAT BASE OF 1 1/4" EIPN 7 3 ° 46 ' 3 3 " E210 . 65 ' FIRE HYDRANT 82 . 8 3 ' P S 87°37'53" E C2 N 70°23'14 " E 45.84' 843.49' C1 JOHN T. JOHNSON DB 2016 PG 980 PB 2002 PG 447 P N 87°37'53" W 40.61' 48.65' ECM 2"ABOVE GROUNDS 01°36'07" W S 86°18'43" E 931.27'223.73' 11.19' C3 HOUSE ECM 1" ABOVE GROUND P S 02°23'27" W 32.79' NO.4 REBAR (BENT) NAIL SET AT BASE P PRELIMINARY PLAT: NOT FOR RECORDATION, SALES OR CONVEYANCES I ALSEY J. GILBERT PLS CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISIONFROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (deed description recorded in db 685 pg 403 etc.) THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND (SEE REFERENCES ON PLAT) THAT THE RATIO OF PRECISION IS 1:37403 THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 24TH DAY OF MARCH AD 2022 ___________________________________________________________ ALSEY J. GILBERT PLS REG. NO. L-3701 LN A NILORACHTRO ROE YVRUSDNAL AONISSEFORP SEAL L-3701 TREBLIGJ.YESL A N 58°2 3' 2 6" E S 3 1 ° 3 5 ' 0 0 " EL4 L2CEMETERY 6 9 5 . 4 7 ' INSET L3 30.69' N 58°23'26" E 267.7 5' L5 T IE L INE ON LY L 1 NAIL ATBASE OF BENT 1 1/4 EIP (BENT) NO. 4 REBAR FLUSH WITHGROUND 46.63' S 74°00'23" E 3/24/2022 AJG ________a. THAT THE SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. ________b. THAT THE SURVEY IS LOCATED IN A PORTION OF A COUNTY OR MUNICIPALITY THAT IS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND.________c. ANY ONE OF THE FOLLOWING: 1. THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR ONE OR OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. 2. THAT THE SURVEY IS OF AN EXISTING FEATURE SUCH AS A BUILDING OR OTHER STRUCTURE, OR NATURAL FEATURE, SUCH AS A WATERCOURSE. 3. THAT THE SURVEY IS A CONTROL SURVEY.________d. THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION. ________e. THAT THE INFORMATION AVAILABLE TO THE SURVEYOR IS SUCH THAT THE SURVEYOR IS UNABLE TO MAKE A DETERMINATION TO THE BEST OF THE SURVEYOR'S PROFESSIONAL ABILITY AS TO PROVISIONS IN (a) THROUGH (d) ABOVE. ________ ____________________________________________________ DATE SURVEYOR BARN I________________________________REVIEW OFFICER OF HARNETT COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING ________________________________________________________ REVIEW OFFICER _______________________ DATE VICINITY MAP NTS ........GEODECTIC MONUMENT POWER LINENOT SURVEYEDSTREAM (IE WATER COURSE) RIGHT OF WAYPARCEL BOUNDARY RCP...REINFORCED CONCRETE PIPE AREA BY COORDINATE METHODTITLE BY LAWYERPROPERTY SUBJECT TO EASEMENT OF RECORD FEATURE TIE LINE ........COMPUTED POINTC LEGEND:EIP........EXISTING IRON PIPE IPS........IRON PIPE SETEIS........EXISTING IRON STAKEISS........IRON STAKE SETR/W......RIGHT OF WAY PK........PARKER KALON NAILECM......EXISTING CONC MONUMENTCMS......CONCRETE MONUMENT SETF/H........FIRE HYDRANT S .......SEWER CLEAN-OUT T ........TELEPHONE BOX C ........CABLE BOX ........TRANSFORMER W .......WATER METER SSMH.....SANITARY SEWER MANHOLEN/F.........NOW OR FORMERLYBC..........BACK OF CURB Id C1 C2 C3 C4 C5 Delta 03°23'19" 10°17'56" 07°34'03" 01°02'59" 04°01'35" Radius 2250.00' 950.00' 675.00' 11566.16' 5870.00' Arc Length 133.07' 170.76' 89.15' 211.88' 412.51' Chord 133.05' 170.53' 89.09' 211.87' 412.43' Ch Bear S 72°04'53" W N 68°37'35" E N 59°41'36" E S 85°09'58" W S 86°39'16" WNEILLS CREEK RDJOHNSON FARM RDD US 421 SITE LESLIE CAMPBELL AVE TYSINGER RD Id L1 L2 L3 L4 L5 Bearing S 32°22'09" E N 16°40'30" W N 73°51'33" E S 17°54'19" E S 72°07'31" W Distance 175.18' 12.04' 11.07' 11.70' 11.32' 0 300 600 900 1200 1500 Id C1 C2 C3 C4 C5 Delta 03°23'19" 10°17'56" 07°34'03" 01°02'59" 04°01'35" Radius 2250.00' 950.00' 675.00' 11566.16' 5870.00' Arc Length 133.07' 170.76' 89.15' 211.88' 412.51' Chord 133.05' 170.53' 89.09' 211.87' 412.43' Ch Bear S 72°04'53" W N 68°37'35" E N 59°41'36" E S 85°09'58" W S 86°39'16" W NO. 4 REBARS SET FLUSH AT ALL CORNER UNLESS OTHERWISE STATED SURVEY FOR: SEE INSET ALSEY J. GILBERT PLS 442 1/2 EAST MAIN ST. CLAYTON NC 27520 PHONE 919/553-5104 FAX:919/553-3663 ALL DISTANCES ARE HORIZONTAL DISTANCES NC GRID NORTH NAD 83 USING NSRS 2011 DEED REFERENCE: DB 685 PG 403 FIRST AND TWELTH TRACT AND A SMALL 1.2 ACRE TRACT IN DB 1464 PG 284 SCALE 1"=300' DATE 03/24/2022 NEILL'S CREEK TWP HARNETT CO NC FORSYTH INVESTMENTS COMPANY, LLC OWNER AT TIME OF SURVEY A AND M FARMS INC C/O W.M. JOHNSON PO BOX 69 LILLINGTON NC 27546 Legal Description: Beginning at the most eastern point of the A and M farms tract said point being a number 4 rebar a common corner with Campbell University and David and Joy Milton), said point being N 22 Deg 46 Min 30 Sec E 928.05’ from NCGS Monument Highland said monument having NCGS coordinates (NSRS 2011) of N=603410.30’ and E=2074402.93’said point being the POINT OF BEGINNING ; thence along a line with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 656.54'to a point on the eastern right of way of Johnson Farm Road; thence S 21 Deg 05 Min 55 Sec W, a distance of 41.55'to a point in center of Johnson Farm Rd; thence S 21 Deg 05 Min 55 Sec W, a distance of 43.95' to the Western right of way of Johnson Farm Rd; thence continuing along a line with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 197.48' to the Northern Right of Way of US 421: thence along the Northern right of way US 421 with a curve the point of curvature of a non-tangent curve, concave to the south, having a radius of 11566.16' a central angle of 01 Deg 02 Min 59 Sec, and a chord of 211.87' bearing S 85 Deg 09 Min 58 Sec W; thence West along said curve, a distance of 211.88'; thence continuing along said right of way of US 421 S 84 Deg 38 Min 28 Sec W, a distance of 1511.46' to a point the point of curvature of a tangent curve, concave to the north, having a radius of 5870.00' and a central angle of 04 Deg 01 Min 35 Sec; thence West along said curve, a distance of 412.51', curving to the right; thence leaving said right of way of US 421 along a line with Glen W. Johnson N 01 Deg 24 Min 30 Sec W, a distance of 1188.09'; thence along the Northern line of Glen W. Johnson S 88 Deg 35 Min 30 Sec W, a distance of 821.49' to Rebar set in Creek; thence along the eastern line of Dale Webb to a 2” Eip with No. 5 rebar in center N 22 Deg 19 Min 18 Sec W, a distance of 286.14'; thence along a line with William A. Sawyer N 11 Deg 52 Min 07 Sec W, a distance of 560.45' to an existing concrete monument 6” above the ground; thence continuing along another line with William A. Sawyer N 06 Deg 52 Min 02 Sec W, a distance of 415.28' to a Found No. 5 rebar (bent); thence along a line with Betsy Warren N 06 Deg 57 Min 39 Sec W, a distance of 539.99' to and existing concrete monument 5” above ground; thence along another line with Betsy Warren N 48 Deg 54 Min 52 Sec W, a distance of 182.05' 2” existing iron pipe 4” above water; thence along a line with Annie L Gainey to an existing concrete monument as called for in PB 2013 Pg 156 N 48 Deg 54 Min 52 Sec W, a distance of 670.59'; thence along the southern line of John T Johnson S 87 Deg 38 Min 36 Sec E, a distance of 492.13' to an Existing Concrete Monument at edge of water; thence continuing along the John T Johnson line S 87 Deg 38 Min 36 Sec E, a distance of 1679.26' to the Western right of way of Johnson Farm Road; thence S 87 Deg 28 Min 55 Sec E, a distance of 36.08' to the center of Johnson Farm Road; thence along the center of Johnson Farm Road S 31 Deg 47 Min 38 Sec E, a distance of 372.53' to the center of Tysinger Road; thence continuing along the center of Tysinger Rd the following calls N 70 Deg 23 Min 14 Sec E, a distance of 45.84' to the point of curvature of a tangent curve, concave to the south, having a radius of 2250.00' and a central angle of 03 Deg 23 Min 19 Sec; thence East along said curve, a distance of 133.07', curving to the right; thence N 73 Deg 46 Min 33 Sec E, a distance of 82.83' to the point of curvature of a tangent curve, concave to the north, having a radius of 950.00' and a central angle of 10 Deg 17 Min 56 Sec; thence East along said curve, a distance of 170.76', curving to the left; thence N 63 Deg 28 Min 37 Sec E, a distance of 210.65' to the point of curvature of a tangent curve, concave to the northwest, having a radius of 675.00' and a central angle of 07 Deg 34 Min 03 Sec; thence Northeast along said curve, a distance of 89.15', curving to the left; thence leaving the centerline of Tysinger Road S 87 Deg 37 Min 53 Sec E, a distance of 48.65' to a Number 4 rebar found on the right of way; thence along a line with James and Carolyn Jones S 87 Deg 37 Min 53 Sec E, a distance of 40.61' to an existing concrete monument; thence a line with James and Carolyn Jones S 01 Deg 36 Min 07 Sec W, a distance of 223.73' to a number 4 rebar at base of a 1 ¼” Eip; thence along the southern line with James and Carolyn Jones S 86 Deg 18 Min 43 Sec E, a distance of 11.19' to an existing concrete monument 2” above ground; thence along a line with Ernest G. Lone S 04 Deg 05 Min 28 Sec W, a distance of 931.27' to a 1” existing iron pipe; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 211.57' to the eastern right of way of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to a point in center of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to the western right of way of Johnson Farm Road; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 99.91'; thence N 80 Deg 57 Min 22 Sec E, a distance of 53.59' to a point on the western right of way of Johnson Pond Road; thence N 80 Deg 57 Min 22 Sec E, a distance of 32.53' to the center of Johnson Pond Road; thence along the center of Johnson Pond Road the following calls S 31 Deg 47 Min 16 Sec E, a distance of 420.27'; thence S 31 Deg 46 Min 45 Sec E, a distance of 217.95'; thence S 31 Deg 18 Min 15 Sec E, a distance of 205.87'; thence leaving the center of Johnson Farm Road N 58 Deg 23 Min 26 Sec E, a distance of 30.69' to the eastern right of way of Johnson Pond Road; thence along a line with along the southern line of David and Judy Milton N 58 Deg 23 Min 26 Sec E, a distance of 267.75' to a point in the branch; thence along said branch the following calls S 74 Deg 00 Min 23 Sec E, a distance of 46.63'; thence S 67 Deg 48 Min 42 Sec E, a distance of 173.70'; thence S 56 Deg 58 Min 25 Sec E, a distance of 35.39'; thence S 71 Deg 19 Min 25 Sec E, a distance of 82.30'; thence S 55 Deg 55 Min 03 Sec E, a distance of 73.03': thence S 89 Deg 56 Min 25 Sec E, a distance of 22.88'; to the POINT OF BEGINNING; said described tract containing 184.31 acres. See map entitled Forsyth Investments Company LLC by Alsey J. Gilbert PLS Dated 03/24/2022. Harnett County GIS Ha r n ett GI S Surrounding County Boundaries City Limits County Boundary Fire Hydrants Fire Hydrants Force Main Gravity Service Laterals StepFM Sewer Main Force Main Lillington Sewer 0 1,300 2,600650Feet 1 inch = 1,505 feet ² November 3, 2022NOT FOR LEGAL USE .GIS/E-911 Addressing ParcelID PIN PID REID Owners Owner1 Owner2 MailingAddress 7589583 0670-17-6318.000 110670 0309 17050 JOHNSON LEWIS DAVID JR & JOHNSON JONATHAN MURRAY JOHNSON LEWIS DAVID JR JOHNSON JONATHAN MURRAY 4005 DAYTONA DR FAYETTEVILLE, NC 28311 7596259 0670-16-3898.000 110670 0311 16710 JOHNSON JOHN TYLER JR JOHNSON JOHN TYLER JR 720 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7537226 0670-26-3878.000 110670 0310 16957 JOHNSON JOHN T JR JOHNSON JOHN T JR 720 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7575340 0670-27-2299.000 110670 0310 01 57611 JOHNSON LEWIS D JR & JOHNSON JONATHAN MURRAY JOHNSON LEWIS D JR JOHNSON JONATHAN MURRAY 4005 DAYTONA RD FAYETTEVILLE, NC 28311 0670-36-3840.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 0670-17-5272.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 7537229 0670-07-4367.000 110670 0311 01 80526 JOHNSON LEWIS DAVID JR & JOHNSON JONATHAN MURRAY JOHNSON LEWIS DAVID JR JOHNSON JONATHAN MURRAY 4005 DAYTONA DR FAYETTEVILLE, NC 28311 7588962 0670-15-7985.000 110670 0407 3 A AND M FARMS INC A AND M FARMS INC C/O WM JOHNSON PO BOX 69 LILLINGTON, NC 27546-0069 7605990 0670-26-3418.000 110670 0314 34961 TYSINGER DIANA LOCKE TYSINGER DIANA LOCKE 905 W 2ND ST ROANOKE RAPID, NC 27870-1620 7558111 0670-26-0710.000 110670 0313 16974 JOHNSON JOHN TYLER JR JOHNSON JOHN TYLER JR 720 JOHNSON FARM ROAD LILLINGTON, NC 27546-0000 7592729 0670-24-2289.000 110670 0407 01 52636 A AND M FARMS INC A AND M FARMS INC C/O WM JOHNSON PO BOX 69 LILLINGTON, NC 27546-0069 7595819 0660-95-1776.000 110660 0076 11349 GAINEY STEPHEN & GAINEY ANN GAINEY STEPHEN GAINEY ANN 442 NEILLS CREEK RD LILLINGTON, NC 27546-0000 7588795 0660-86-9357.000 110660 0101 37220 WILBURN SHEILA GALE WILBURN SHEILA GALE 2792 NC 210 NORTH LILLINGTON, NC 27546-0000 7595818 0660-96-6107.000 110660 0074 01 11331 GAINEY ANNIE LEE S GAINEY ANNIE LEE S 442 NEILLS CREEK RD LILLINGTON, NC 27546-0000 7556390 0660-87-6095.000 110660 0079 25674 WEST CHRIS T & WEST AUDRA L WEST CHRIS T WEST AUDRA L 620 NEILLS CREEK RD LILLINGTON, NC 27546-8109 7589500 0660-96-0034.000 110660 0077 13312 HAMILTON DAVID E & WANCKEL TERRI ANN HAMILTON DAVID E WANCKEL TERRI ANN 470 NEILLS CREEK RD LILLINGTON, NC 27546 7571932 0660-87-9291.000 110660 0079 03 57774 KAY ADA EVELYN & SUTTON JEFFREY ALLAN KAY ADA EVELYN SUTTON JEFFREY ALLAN 601 CRIMSON OAK LN FUQUAY VARINA, NC 27526 7556372 0670-05-0649.000 110660 0074 03 35699 WARREN BETSY S WARREN BETSY S 322 NEILLS CREEK RD LILLINGTON, NC 27546-0000 7598594 0660-87-9349.000 110660 0079 02 57773 WHITEHEAD CHARLES E & WHITEHEAD HEATHER M WHITEHEAD CHARLES E WHITEHEAD HEATHER M 34 RAINDROP CIRCLE ANGIER, NC 27501-0000 7539538 0660-94-8974.000 110660 0074 29197 SAWYER WILLIAM A & SAWYER PAULETTE P SAWYER WILLIAM A SAWYER PAULETTE P 306 ARRUNDALE DR CARY, NC 27511 7592723 0670-34-9684.000 110670 0318 23553 MILTON DAVID & MILTON JUDY MILTON DAVID MILTON JUDY 330 JOHNSON FARM ROAD LILLINGTON, NC 27546-0000 7540046 0670-35-8139.000 110670 0315 01 39786 DAVIDSON REBECCA J & DAVIDSON JAMES P DAVIDSON REBECCA J DAVIDSON JAMES P 364 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7595965 0670-45-2886.000 110670 0322 19736 LONG ERNEST GORDON LONG ERNEST GORDON PO BOX 2327 LILLINGTON, NC 27546 7543944 0660-95-4265.000 110660 0102 35700 WARREN BETSY S WARREN BETSY S 322 NEILLS CREEK RD LILLINGTON, NC 27546-0000 7556449 0660-93-9736.000 110660 0087 22885 RYALS DONALD & RYALS CARMEN RYALS DONALD RYALS CARMEN PO BOX 235 ERWIN, NC 28339 7558223 0670-13-4813.000 110670 0400 17338 JOHNSON W GLENN JOHNSON W GLENN P O BOX 1700 BUIES CREEK, NC 27506-0000 7556493 0670-13-0850.000 110660 0167 17337 JOHNSON W GLENN JOHNSON W GLENN P O BOX 1700 BUIES CREEK, NC 27506-0000 7558253 0670-04-3021.000 11067001 0051 22551 WEBB DALE SR & HOSKINS NELLIE MCLEAN HEIRS WEBB DALE SR HOSKINS NELLIE MCLEAN HEIRS 9325 ALL SAINTS RD LAUREL, MD 20723-1703 7598554 0670-53-1737.000 110670 0264 5858 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7526497 0670-42-0909.000 110670 0300 14809 SEAT OF OUR PANTS PROPERTIES LLC SEAT OF OUR PANTS PROPERTIES LLC 3120 DOULTON LN FUQUAY VARINA, NC 27526 7579279 0670-42-4899.000 11067003 9002 62674 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7578917 0670-32-8673.000 110670 0297 19619 LLOYD FRANCES L LLOYD FRANCES L PO BOX 113 BUIES CREEK, NC 27506 7578844 0670-43-4125.000 110660 0160 23851 CRABTREE ROBERT H CRABTREE ROBERT H 3516 PINEY GROVE WILBON RD FUQUAY VARINA, NC 27526 7558123 0670-34-5476.000 110670 0318 01 59826 MILTON KENNETH E & MILTON SHARON L MILTON KENNETH E MILTON SHARON L PO BOX 1643 BUIES CREEK, NC 27506-0000 7578853 0670-42-0623.000 110670 0269 29694 CROOKS JOHN T CROOKS JOHN T 20 WALLACE LN LILLINGTON, NC 27546-7665 7539591 0670-43-0436.000 11067003 9000 62671 HARNETT COUNTY HISTORICAL SOCIETY FOUNDATION INC HARNETT COUNTY HISTORICAL SOCIETY FOUNDATION INC PO BOX 97 BUIES CREEK, NC 27506-0000 7578847 0670-33-9193.000 110670 0192 27364 WALKER JEFFREY WAYNE & WALKER CRAMER WALKER JEFFREY WAYNE WALKER CRAMER 25 PEARSON RD LILLINGTON, NC 27546-0000 7578849 0670-43-2135.000 110670 0193 9634 DUTTON PATRICIA PEARCE DUTTON PATRICIA PEARCE P O BOX 3894 BUIES CREEK, NC 27506-3894 7536039 0579-38-4946.000 11057901 0021 54297 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7591766 0670-43-1125.000 110670 0368 14810 DUTTON PATRICIA PEARCE DUTTON PATRICIA PEARCE PO BOX 3894 BUIES CREEK, NC 27506 7578857 0670-42-2536.000 110670 0271 3126 BLANCHARD BRANTLEY R BLANCHARD BRANTLEY R PO BOX 304 BUIES CREEK, NC 27506-0000 7578872 0670-32-9466.000 110670 0280 4576 BUNTING CAROLYN E BUNTING CAROLYN E 214 MORREENE RD DURHAM, NC 27705-0000 7597387 0670-32-9702.000 110670 0298 20443 MARTIN JAMES INGRAM SR MARTIN JAMES INGRAM SR PO BOX 392 BUIES CREEK, NC 27506-0392 7578854 0670-42-1519.000 110670 0270 18065 DEVANE STEPHEN MILTON & DEVANE CHERRY G DEVANE STEPHEN MILTON DEVANE CHERRY G 68 POWELL DR LILLINGTON, NC 27546-0000 7592034 0670-43-3135.000 110660 0161 9633 DUTTON PATRICIA PEARCE DUTTON PATRICIA PEARCE P O BOX 3894 BUIES CREEK, NC 27506-3894 7578814 0670-32-8534.000 110670 0296 21226 LEWIS CANDICE KNOX & LEWIS JONATHAN LEWIS CANDICE KNOX LEWIS JONATHAN 21 BURKOT RD LILLINGTON, NC 27546-6600 7506015 0670-32-9858.000 110670 0299 24644 KELSTER PROPERTIES LLC KELSTER PROPERTIES LLC 618 PINEKNOLL DR SANFORD, NC 27330-7208 7578850 0670-43-5175.000 110670 0194 18437 LAMM CATHERINE w LAMM CATHERINE w PO BOX 755 LILLINGTON, NC 27546 0650-96-8332.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 Rezoning Application (rev. 3.10.21) Page 1 of 3 TOWN OF LILLINGTON REZONING APPLICATION Planning & Inspections Department 102 East Front Street, PO Box 296 Lillington NC 27546 ● phone 910-893-0311 ●fax 910-893-3693 lillingtonnc.org PROCESS INFORMATION: ________________________________________________________________ Submission Requirement: A petition for a rezoning (conventional or conditional zoning district) to the Town's official zoning map shall be filed with the Administrator. Such petition shall contain all the information required on this form and must be determined to be complete by the Administrator prior to advancing it through the review process. Public Notification: This is a legislative process that requires a public hearing and public notification. General notice in newspaper and mailed notice to adjacent property owners shall be required. Review Process: Per Section 7 of the Lillington Unified Development Ordinance (UDO), all applications are to be reviewed for compliance by the Administrator and then forwarded for to the Planning Board (review) and Board of Commissioners (decision) for consideration. Conventional Rezoning Requests: These are “general” requests involving a zoning change to an individual parcel of land. The request is to amend or change the Town’s Official Zoning Map in a certain area from one zoning district to another. “Conventional” rezoning requests are not specific and if approved, any permitted land use within the new zoning district as illustrated in the Section 3.01.5 (Use Table) of the Lillington UDO could be permitted. Conditional Zoning District Requests: Conditional Zoning Districts (CZ) are districts with conditions voluntarily added by the applicant and approved in in accordance with NCGS 160D‐703. Conditional Zoning Districts provide for orderly and flexible development under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by‐right development. Conditional zoning districts may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance procedure. Conditional zoning districts can include restrictive land uses, site/subdivision master plans and other information as described in Section 7.11 of the UDO. FILING INSTRUCTIONS: _________________________________________________________________ _____ Every applicant for a rezoning is required to meet with the Administrator in a pre-application conference prior to the submittal of a formal application. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application. _____ A petitioner must complete this application in full. This application will not be processed unless all information requested is provided. _____ The filing fee. * Town of Lillington fees and charges are subject to change without notice. _____ Each application shall be accompanied by, at minimum, an accurate survey of the subject property, an Existing Conditions Map and Master Plan per Section 7.02.4 of the UDO. _____ The petitioner, or his duly authorized agent, shall submit with the application a list of all adjoining property owners of the proposed request, with the current mailing address of each. These adjoining property owners will be notified of the proposed request by the Planning & Inspections Department. _____ The application must be signed by the owner or by an authorized agent of the property. Rezoning Application (rev. 3.10.21) Page 2 of 3 GENERAL PROJECT INFORMATION: Project Address / Location: Zoning District: Size of Property (in acres): Harnett Co. Tax PIN #: Proposed Building Square Footage: ___________ Town Jurisdiction: _____ In-Town Limits _____ ETJ Existing land use/zoning on adjoining properties: North: _____________________________________________________ South: _____________________________________________________ East: _____________________________________________________ West: _____________________________________________________ APPLICANT INFORMATION: Applicant: Address: City: State: Zip: Phone: Email: Property Owner (if different from applicant): Address: City: State: Zip: Phone: Email: REZONING REQUEST: ______ _____ Conventional (General) _____ Conditional Zoning District Existing Zoning Classification: ________________________________________________________________________ Proposed Zoning Classification: ________________________________________________________________________ If the request is to a Conditional Zoning District, this application should be accompanied by a master plan that includes land use, existing conditions, buildings, lots, etc. per Section 7 of the Lillington UDO. In addition, please provide a narrative of the proposed use and list any proposed conditions: Proposed Land Use: _________________________________________________________________________________ __________________________________________________________________________________________________ Proposed Conditions Offered by Applicant: ______________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ PRELIMINARY PLAT: NOT FOR RECORDATION, SALES OR CONVEYANCES Certification of Approval for Recording I certify that the map or plat to which this certification is affixed meets all requirements of the Town of Lillington Unified Development Ordinance.___________________________________ ____________________ Administrator Date Certificate of Ownership and Dedication. I hereby certify that I am the owner of the property shown and described hereon, which is in the subdivision jurisdiction of the Town of Lillington and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines and dedicate all streets, alleys, walks, parks and other sites and easementsto public or private as noted. ___________________________________ ____________________ Owner(s) TOTAL AREA (INCLUDING R/W) 184.31 acres 8028585.97 sq ft 4.27 acres in right of way NET 180.04 ACRES DORIS M TYSINGERDB 494 PG 215 WW P SILOS BARN BARN P 1/2 EIP BENTNAIL AT BASE P EXISTING MAG NAIL S 3 1 ° 4 7 ' 3 8 " E 3 7 2 . 5 3 ' N 87°36'16" W 27.03' EXISTING COTTONSPINDLE N 64°01'07" E AREA OF THISPORTION INCLUDINGRIGHT OF WAY 6.07 acres 264441.37 sq ft S 3 1 ° 3 5 ' 0 0 " E BARN APPROXIMATE ENDOF WATER LINES 3 1 ° 4 7 ' 1 6 " E 4 2 0 . 2 7 ' S 31°18'15" E 205.87' EXISTINGMAG NAIL S 31°46'45" E SEE DB 1464 PG 284FOR DEED TO A&M FARMS PB 2000 PG 773 217.95' P P 6.68' TIE LINE ONLY 2" EIP 12" ABOVE GROUND PONDNO.4 REBAR 3" BELOW ASPHALT P P NO. 4 REBARFLUSH WITHGROUND N 58°23'26" E CEMETERY N 58°2 3' 2 6" E 267.75' Lot 4 P 30.69' NAIL ATBASE OF BENT 1 1/4 EIP (BENT) N 80°24'46" E S 74°00'23" E S 64 ° 0 3 ' 0 4 " E 463.61' 46.63' 262. 2 3 ' EIP TIE LINE ONLY KENNETH & SHARON MITCHELLDB 1977 PG 417 PB 2004 PG 842 DAVID & JUDY MILTONDB 1464 PG 281 PB 2000 PG 773 PB 2004 PG 842 3/4' EIP (BENT) NAIL AT BASE S 89°56'25" E S 55°55'03" E S 71°19'25" E S 56°58'25" E S 67°48'42" E 22.88' 73.03' 82.30' 35.39' 173.70' NO. 4 REBAR SETAT LOCATION OFECM MENTIONED IN PB 2000 PG 773 REBECCA J & JAMES P DAVIDSON DB 1207 PG 878 JAMES AND CAROLYN JONES DB 2699 PG 670 PB 2009 PG 747 931.27'SEE LINE SHOWN IN PB 2013 PG 319P 1" EIP FLUSH WITH GROUND P 1 3 5 0 . 7 5 ' JOHNSON FARM ROAD 6 0 ' PUB L IC R /W 6 " P VC W A TER L IN E S 02°07'08" E S 02°07'08" E 99.91' 60.64' P HOUSE BARN WELL S 3 1 ° 4 6 ' 2 0 " E P S 02°07'08" E N 80°57'22" E N 80°57'22" E S 02°07'08" E 60.64' 32.53' 53.59' 211.57' N 87°43'04" W 900.00' SOIL PATHN 04°05'28" ENEW TRACT 19.08 acres 831337.18 sq ft A&M FARMS DB 685 PG 403N 73 °4 6 ' 3 3 " E 82 .8 3 ' C1 FIRE HYDRANT P P S 86°47'28" E 851.79' NO. 4 REBARAT BASE OF 1 1/4" EIP ECM 1" ABOVE GROUND N 63°28' 3 7" E N 87°37'53" W N 87°37'53" W 210.65' 40.61' N 70°23'14 " E S 87°37'53" E 45.84' 48.65' 843.49' C2 JOHN T. JOHNSON DB 2016 PG 980PB 2002 PG 447 P C3 HOUSE P S 01°36'07" W S 86°18'43" E 223.73' 11.19' ECM 2" ABOVEGROUND S 02°23'27" W 32.79' NO.4 REBAR (BENT)NAIL SET AT BASE N 87°43'04" W NCGS "HIGHLAND"NSRS 2011 COORDINATES "AS SHOT" (3/15/2022) N=603410.30' E=2074402.93' PUBLISHED COORDINATESNAD 83 (2001)N=603410.31' E=2074402.94'S 04°06'45" WERNEST G. LONG DB 3168 PG 535 PB 2013 PG 319 N 18°25 '39" W2072.04 ' GR ID DISTANCE WELL S 86°45'48" E 48.21'916.70'SOIL PATH BARN NO. 4 REBAR 4" ABOVE GROUND 1030.68' EXISTING CONCRETE MONUMENT 10/25/2022 AJG________a. THAT THE SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. ________b. THAT THE SURVEY IS LOCATED IN A PORTION OF A COUNTY OR MUNICIPALITY THAT IS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND.________c. ANY ONE OF THE FOLLOWING: 1. THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR ONE OR OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. 2. THAT THE SURVEY IS OF AN EXISTING FEATURE SUCH AS A BUILDING OR OTHER STRUCTURE, OR NATURAL FEATURE, SUCH AS A WATERCOURSE. 3. THAT THE SURVEY IS A CONTROL SURVEY.________d. THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION. ________e. THAT THE INFORMATION AVAILABLE TO THE SURVEYOR IS SUCH THAT THE SURVEYOR IS UNABLE TO MAKE A DETERMINATION TO THE BEST OF THE SURVEYOR'S PROFESSIONAL ABILITY AS TO PROVISIONS IN (a) THROUGH (d) ABOVE. ________ ____________________________________________________ DATE SURVEYOR I________________________________REVIEW OFFICER OF HARNETT COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING ________________________________________________________ REVIEW OFFICER _______________________ DATE I ALSEY J. GILBERT PLS CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (deed description recorded indb 3168 pg 535 etc.) THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND (SEE REFERENCES ON PLAT) THAT THE RATIO OF PRECISION IS 1:37403 THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE,REGISTRATION NUMBER AND SEAL THIS 25TH DAY OF OCTOBER AD 2022 ___________________________________________________________ ALSEY J. GILBERT PLS REG. NO. L-3701 LN A NILORACHTRO ROE YVRUSDNAL A ONISSEFORP SEAL L-3701 TREBLIGJ.YESL A VICINITY MAP NTS ........GEODECTIC MONUMENT POWER LINENOT SURVEYEDSTREAM (IE WATER COURSE) RIGHT OF WAYPARCEL BOUNDARY RCP...REINFORCED CONCRETE PIPE AREA BY COORDINATE METHODTITLE BY LAWYERPROPERTY SUBJECT TO EASEMENT OF RECORD FEATURE TIE LINE ........COMPUTED POINTC LEGEND:EIP........EXISTING IRON PIPE IPS........IRON PIPE SETEIS........EXISTING IRON STAKEISS........IRON STAKE SETR/W......RIGHT OF WAY PK........PARKER KALON NAILECM......EXISTING CONC MONUMENTCMS......CONCRETE MONUMENT SETF/H........FIRE HYDRANT S .......SEWER CLEAN-OUT T ........TELEPHONE BOX C ........CABLE BOX ........TRANSFORMER W .......WATER METER SSMH.....SANITARY SEWER MANHOLEN/F.........NOW OR FORMERLYBC..........BACK OF CURB SITENEILLS CREEK RDJOHNSON FARM RDD US 421 LESLIE CAMPBELL AVE TYSINGER RD Id L1 L2 L3 L4 L5 Bearing S 32°22'09" E N 16°40'30" W N 73°51'33" E S 17°54'19" E S 72°07'31" W Distance 175.18' 12.04' 11.07' 11.70' 11.32' 0 200 400 600 800 1000 Id C1 C2 C3 C4 C5 Delta 03°23'19" 10°17'56" 07°34'03" 01°02'59" 04°01'35" Radius 2250.00' 950.00' 675.00' 11566.16' 5870.00' Arc Length 133.07' 170.76' 89.15' 211.88' 412.51' Chord 133.05' 170.53' 89.09' 211.87' 412.43' Ch Bear S 72°04'53" W N 68°37'35" E N 59°41'36" E S 85°09'58" W S 86°39'16" W NO. 4 REBARS SET FLUSH AT ALL CORNER UNLESS OTHERWISE STATED SURVEY FOR: ALSEY J. GILBERT PLS 442 1/2 EAST MAIN ST. CLAYTON NC 27520 PHONE 919/553-5104 FAX:919/553-3663 ALL DISTANCES ARE HORIZONTAL DISTANCES NC GRID NORTH NAD 83 USING NSRS 2011 DEED REFERENCE: DB 3168 PG 535 PB 2013 PG 319 SCALE 1"=200' DATE 10/25/2022 NEILL'S CREEK TWP HARNETT CO NC FORSYTH INVESTMENTS COMPANY, LLC OWNER AT TIME OF SURVEY ERNEST G. LONG PO BOX 2327 LILLINGTON NC 27546 Legal Description: Beginning at a new point in the southern line of Ernest G Long and northern line of Rebecca and James Davidson, said point being located N 87 Deg 43 Min 04 Sec W 1030.68' from an existing concrete monument being the northeastern corner of Rebecca and James Davidson and also being N 18 Deg 25 Min 39 Sec w 2072.04' from NCGS Highland having NSRS 2011 coordinates of N=603410.30' and E=2074402.94' as shot 03/15/2022, said point being the POINT OF BEGINNING; thence along the northern line of Rebecca J. and James P Davidson as recorded in db 1207 pg 878 N 87 Deg 43 Min 04 Sec W, a distance of 900.00' to a 1" EIP flush with ground; thence along a line with A&M Farms N 04 Deg 05 Min 28 Sec E, a distance of 931.27' to an ECM 1" above ground; thence along the southern line of James and Carolyn Jones as recorded in db 2699 pg 670 and pb 2009 pg 747 S 86 Deg 47 Min 28 Sec E, a distance of 851.79' an existing rebar 4" above ground; thence continuing along said line S 86 Deg 45 Min 48 Sec E, a distance of 48.21' and No. 4 rebar set flush; thence along a new line with Ernest G. Long S 04 Deg 06 Min 45 Sec W, a distance of 916.70' to the POINT OF BEGINNING; said described tract containing 19.08 Acres. Harnett County GIS Ha r n ett GI S Surrounding County Boundaries City Limits County Boundary Fire Hydrants Fire Hydrants Force Main Gravity Service Laterals StepFM Sewer Main Force Main Lillington Sewer Fire Hydrant Buffer 1000ft On Road 0 670 1,340335Feet 1 inch = 752 feet ² November 3, 2022NOT FOR LEGAL USE .GIS/E-911 Addressing ParcelID PIN PID REID Owners Owner1 Owner2 MailingAddress 7578732 0670-65-3565.000 110670 0227 4065 BROWN GERALD YOUNG & C/O JERRY BROWN BROWN GERALD YOUNG C/O JERRY BROWN 301 GRAND AVE RALEIGH, NC 27606-1333 7537124 0670-66-0041.000 110670 0236 15572 HOLEMAN NICHOLAS CHRISTIAN & HOLEMAN CYNTHIA SMITH JT W/ROS HOLEMAN NICHOLAS CHRISTIAN HOLEMAN CYNTHIA SMITH JT W/ROS 61 PARKWOOD LN LILLINGTON, NC 27546 0670-76-2436.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 7578730 0670-65-6756.000 110670 0224 01 51769 TURNER GERALD RUFUS TURNER GERALD RUFUS 1204 WATERSIDE LANDING LN SUMMRVILLE, SC 29485 7578726 0670-65-6314.000 110670 0221 31041 MAYNARD DANIEL P & MAYNARD JANET K MAYNARD DANIEL P MAYNARD JANET K P O BOX 446 BUIES CREEK, NC 27506-0000 7564740 0670-75-2942.000 110670 0410 60416 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7578728 0670-65-5313.000 110670 0222 5853 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7567791 0670-66-1121.000 110670 9015 BUIES CREEK COATS WATER AND SEWER DISTRICT OF HARN BUIES CREEK COATS WATER AND SEWER DISTRICT OF HARN PO BOX 759 LILLINGTON, NC 27546-0759 7592270 0670-65-3883.000 110670 0238 17402 BODENHAMER JANICE JONES & HOLDEN ALLISON ANNE JONES BODENHAMER JANICE JONES HOLDEN ALLISON ANNE JONES 408 SHORESIDE DR SWANSBORO, NC 28584-7748 7578725 0670-65-7316.000 110670 0220 8485 WEST MARK D & WEST JANET H WEST MARK D WEST JANET H PO BOX 323 BUIES CREEK, NC 27506-0000 7598593 0670-65-3471.000 110670 0228 7803 STERLING GREEN PROPERTIES LLC STERLING GREEN PROPERTIES LLC PO BOX 735 BUIES CREEK, NC 27506-0000 7514908 0670-66-0983.000 110670 0344 13561 ELLIOTT HOMES LLC ELLIOTT HOMES LLC 1402 PASS RD GULFPORT, MS 39501-5159 7591928 0670-66-5902.000 110670 0330 15863 HUMPHREY EDWARD WADE HUMPHREY EDWARD WADE 453 GREGORY CIRCLE LILLINGTON, NC 27546-0000 7564734 0670-75-1561.000 110670 0410 01 60417 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7593435 0670-66-7691.000 110670 0329 15862 HUMPHREY EDWARD WADE HUMPHREY EDWARD WADE 453 GREGORY CIRCLE LILLINGTON, NC 27546-0000 7593553 0670-65-4209.000 110670 0229 36579 REAVES VIRGINIA HESTER & HARTSOCK SHANNON ASHLEY REAVES VIRGINIA HESTER HARTSOCK SHANNON ASHLEY 1816 ROUND ROCK BLVD DURHAM, NC 27703 7578801 0670-65-4860.000 110670 0239 34819 TURNER RONALD JAMES & TURNER MICHAEL TURNER RONALD JAMES TURNER MICHAEL 313 N WILSON ST WALSTONBURG, NC 27888 7578777 0670-65-0488.000 110670 0231 34343 TODD JANIS TODD JANIS 75 PARKWOOD CIRCLE LILLINGTON, NC 27546-0000 7578795 0670-65-3809.000 110670 0237 17401 BODENHAMER JANICE JONES & HOLDEN ALLISON ANNE JONES BODENHAMER JANICE JONES HOLDEN ALLISON ANNE JONES 408 SHORESIDE DR SWANSBORO, NC 28584-7748 7565809 0670-55-3420.000 110670 0315 8647 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7558151 0670-67-6169.000 110670 0331 01 BYRD TRAVIS D BYRD TRAVIS D 476 GREGORY CIR LILLINGTON, NC 27546 7578722 0670-65-8678.000 110670 0219 33452 TAYLOR WILLIAM EDWARD TAYLOR WILLIAM EDWARD PO BOX 159 BUIES CREEK, NC 27506 7591925 0670-66-3718.000 110670 0352 15864 HUMPHREY EDWARD WADE HUMPHREY EDWARD WADE 453 GREGORY CIRCLE LILLINGTON, NC 27546-0000 7578787 0670-65-1618.000 110670 0233 29227 SCARBOROUGH TODD & SCARBOROUGH E SCARBOROUGH TODD SCARBOROUGH E BOX 488 BUIES CREEK, NC 27506-0000 7549853 0670-67-6221.000 110670 0331 13575 BERRY SHELBY ELIZABETH & BERRY BRYAN RICHARD BERRY SHELBY ELIZABETH BERRY BRYAN RICHARD 512 GREGORY CIR LILLINGTON, NC 27546 7522753 0670-65-4581.000 110670 0226 24137 ABIEL LLC ABIEL LLC 1122 VICK CHARLES DR RALEIGH, NC 27606-3338 7595544 0670-65-0598.000 110670 0232 34344 TODD JANIS TODD JANIS 75 PARKWOOD CIRCLE LILLINGTON, NC 27546-0000 7526835 0670-65-6583.000 110670 0223 9076 FALLIN LISA HOWELL & FALLIN KENNETH NEWTON II FALLIN LISA HOWELL FALLIN KENNETH NEWTON II 914 MILL RD GOLDSBORO, NC 27534-8951 7578719 0670-65-9425.000 110670 0218 33455 TAYLOR WILLIAM EDWARD TAYLOR WILLIAM EDWARD PO BOX 159 BUIES CREEK, NC 27506 7507622 0670-65-0378.000 110670 0230 33381 DAILEY RYAN T & DAILEY MELISSA M DAILEY RYAN T DAILEY MELISSA M PO BOX 735 BUIES CREEK, NC 27506-0735 7564728 0670-77-3044.000 110670 0343 16711 CAMPBELL UNIVERSITY INC CAMPBELL UNIVERSITY INC PO BOX 97 BUIES CREEK, NC 27506-0000 7578773 0670-65-1268.000 110670 0230 01 58359 CAMPBELL UNIVERSITY INC CAMPBELL UNIVERSITY INC PO BOX 97 BUIES CREEK, NC 27506-0000 7595965 0670-45-2886.000 110670 0322 19736 LONG ERNEST GORDON LONG ERNEST GORDON PO BOX 2327 LILLINGTON, NC 27546 7576915 0670-46-1939.000 110670 0321 17409 JONES JAMES W & JONES CAROLYN B JONES JAMES W JONES CAROLYN B PO BOX 562 COATS, NC 27521-0000 7578729 0670-65-5758.000 110670 0224 34818 TURNER GERALD R & TURNER EMERITA TURNER GERALD R TURNER EMERITA PO BOX 3206 145 PARKWOOD CIRCLE BUIES CREEK, NC 27506-0000 7578788 0670-65-0862.000 110670 0234 9365 BOX ALLEN J BOX ALLEN J P O BOX 1447 BUIES CREEK, NC 27506-0000 7592423 0670-65-5592.000 110670 0225 11635 FAMILY BANANA STAND FAMILY BANANA STAND 2664 TIMBER DR STE 416 GARNER, NC 27529 0670-65-9298.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 7578796 0670-65-2947.000 110670 0237 01 BODENHAMER JANICE JONES & HOLDEN ALLISON ANNE JONES BODENHAMER JANICE JONES HOLDEN ALLISON ANNE JONES 408 SHORESIDE DR SWANSBORO, NC 28584-7748 7596259 0670-16-3898.000 110670 0311 16710 JOHNSON JOHN TYLER JR JOHNSON JOHN TYLER JR 720 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7537226 0670-26-3878.000 110670 0310 16957 JOHNSON JOHN T JR JOHNSON JOHN T JR 720 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7575340 0670-27-2299.000 110670 0310 01 57611 JOHNSON LEWIS D JR & JOHNSON JONATHAN MURRAY JOHNSON LEWIS D JR JOHNSON JONATHAN MURRAY 4005 DAYTONA RD FAYETTEVILLE, NC 28311 0670-36-3840.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 0670-17-5272.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 7592729 0670-24-2289.000 110670 0407 01 52636 A AND M FARMS INC A AND M FARMS INC C/O WM JOHNSON PO BOX 69 LILLINGTON, NC 27546-0069 7593434 0670-28-0077.000 110670 0305 03 51286 JOHNSON RICHARD E JOHNSON RICHARD E 442 BAYWOOD DR WINTERVILLE, NC 28590-0000 7588962 0670-15-7985.000 110670 0407 3 A AND M FARMS INC A AND M FARMS INC C/O WM JOHNSON PO BOX 69 LILLINGTON, NC 27546-0069 7540046 0670-35-8139.000 110670 0315 01 39786 DAVIDSON REBECCA J & DAVIDSON JAMES P DAVIDSON REBECCA J DAVIDSON JAMES P 364 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7558111 0670-26-0710.000 110670 0313 16974 JOHNSON JOHN TYLER JR JOHNSON JOHN TYLER JR 720 JOHNSON FARM ROAD LILLINGTON, NC 27546-0000 7558123 0670-34-5476.000 110670 0318 01 59826 MILTON KENNETH E & MILTON SHARON L MILTON KENNETH E MILTON SHARON L PO BOX 1643 BUIES CREEK, NC 27506-0000 7592723 0670-34-9684.000 110670 0318 23553 MILTON DAVID & MILTON JUDY MILTON DAVID MILTON JUDY 330 JOHNSON FARM ROAD LILLINGTON, NC 27546-0000 7605990 0670-26-3418.000 110670 0314 34961 TYSINGER DIANA LOCKE TYSINGER DIANA LOCKE 905 W 2ND ST ROANOKE RAPID, NC 27870-1620 7598554 0670-53-1737.000 110670 0264 5858 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7585963 0670-57-2836.000 110670 0323 27507 ANDREWS JOYCE P ANDREWS JOYCE P 3446 CHALYBEATE SPRINGS RD FUQUAY VARINA, NC 27526-6210 MILTON KENNETH &MILTON SHARONDB: 1977 PG: 417ZONING: RA-30PID: 110670 0318 01PIN: 0670-34-5476MILTON DAVID &MILTON JUDYDB: 1464 PG: 281ZONING: RA-30PID: 110670 0318PIN: 0670-34-9684DAVIDSON REBECCA J &DAVIDSON JAMES PDB: 1207 PG: 878ZONING: RA-30PID: 110670 0315 01PIN: 0670-35-8139JONES JAMES &JONES CAROLYN BDB: 2699 PG: 670ZONING: RA-30PID: 110670 0321PIN: 0670-46-1939JONES JAMES &JONES CAROLYN BDB: 2699 PG: 670ZONING: RA-30PID: 110670 0321PIN: 0670-46-1939TYSINGER DORIS MCPHAILDB: 494 PG: 215ZONING: RA-30PID: 110670 0314PIN: 0670-26-3418JOHNSON JOHN T JRDB: 2016 PG: 980ZONING: RA-30PID: 110670 0310PIN: 0670-26-3878JOHNSON JOHN T JRDB: 3146 PG: 156ZONING: RA-30PID: 110670 0311PIN: 0670-16-3898WARREN BETSY SDB: 933 PG: 62ZONING:RA-30, RA-20M, CONSPID: 110670 0311PIN: 0670-16-3898SAWYER WILLIAM A &SAWYER PAULETTE PDB: 3266 PG: 638ZONING: RA-20M, CONSPID: 110660 0074PIN: 0660-94-8974WEBB DALE SR &HOSKINS NELLIEMCLEAN HEIRSDB: 2102 PG: 120ZONING: RA-20M,CONSPID: 11067001 0051PIN: 0670-04-3021CAMPBELL UNIVERSITYDB: 561 PG: 9ZONING: O-IPID: 110670 0264PIN: 0670-53-1737JOHNSON W GLENNDB: 1086 PG: 48ZONING: RA-30PID: 110670 0400PIN: 0670-13-4813HARNETT COUNTY HISTORICALSOCIETY FOUNDATION INCDB:676 PG:994ZONING:R-30PID:11067003 9000PIN:0670-43-0436GAINEY ANNIE LEE SDB: 933 PG: 60ZONING:RA-30, RA-20M, CONSPID: 110660 0074 01PIN: 0660-96-6107LONG EARNEST GORDONDB: 3168 PG: 535ZONING: RA-30PID: 110670 0322PIN: 0670-45-2886EXISTING PROPERTY LINENEW SANITARYPUMP STATION100-YR FLOODPLAINTRACT EPROPOSED ZONING: FROOPEN SPACE/CONSERVATION AREA (22.0 AC.)EX.PONDTRACT FPROPOSEDZONING: NMX(4.2 AC)TRACT BPROPOSEDZONING: FRO(31.2 AC)EX.PONDEX.PONDEX.WETLANDSEX.WETLANDSEX.WETLANDSEX.WETLANDSEX.WETLANDSTRACT DPROPOSEDZONING: GB(19.6 AC.)TRACT CPROPOSEDZONING: FRO(70.1 AC.)TRACT APROPOSEDZONING: RMX(52.0 AC.)N/FA AND M FARMS INCDB: 685 PG: 403ZONING: RA-30PID:110670 0407 01PIN: 0670-24-2289.000DEED ACREAGE: 116.85 AC.N/FA AND M FARMS INCDB: 685 PG: 403ZONING: RA-30PID: 110670 0407PIN: 0670-15-7985.000DEED ACREAGE: 61.82 AC.JOHNSON W GLENNDB: 1086 PG: 46ZONING: RA-30, CONSPID: 110660 0167PIN: 0670-13-0850CAMPBELL UNIVERSITYDB: 729 PG: 770ZONING: RA-40PID: 11057901 0021PIN: 0579-38-4946JOHNSON JOHN TYLER JRDB:2016 PG:0980ZONING:R-30PID:110670 0313PIN:0670-26-0710US 421 HWY.(PUBLIC R/W VARIES)JOHNSON FARM RD.(60' PUBLIC R/W )FORSYTH INVESTMENT COMPANY, LLCCC6.0SITEUS 421 SPEARS O N R D JOHNSON FARM RDFOR ZONINGNOT FORCONSTRUCTION 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 FY2023-20 AN ORDINANCE AMENDING THE TOWN OF LILLINGTON ZONING ORDINANCE PROPERTY OWNED BY A&M FARMS, INC & ERNEST LONG 203.39 ACRES PIN#: 0670-15-7985.000, 0670-24-2289.000 & 0670-45-2886.000 HARNETT COUNTY RA-30 & CONSERVATION TO GENERAL BUSINESS (GB), RESIDENTIAL MIXED USE (RMX) NEIGHBORHOOD MIXED USE (NMX) & FACILIIES, RECREATION AND OPEN SPACE (FRO) WHEREAS, a petition has been received from A&M Farms, Inc. and Ernest Long to rezone 199.12-acres from Harnett County RA-30 and Conservation to General Business (GB), Residential Mixed Use (RMX), Neighborhood Mixed Use (NMX) & Facilities, Recreation and Open Space (FRO); 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 February 14, 2023 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-30 and Conservation to General Business (GB), Residential Mixed Use (RMX), Neighborhood Mixed Use (NMX) & Facilities, Recreation and Open Space (FRO) and to amend the Lillington Zoning Map to show the area change: Beginning at the most eastern point of the A and M farms tract said point being a number 4 rebar a common corner with Campbell University and David and Joy Milton), said point being N 22 Deg 46 Min 30 Sec E 928.05’ from NCGS Monument Highland said monument having NCGS coordinates (NSRS 2011) of N=603410.30’ and E=2074402.93’said point being the POINT OF BEGINNING; thence along a line with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 656.54'to a point on the eastern right of way of Johnson Farm Road; thence S 21 Deg 05 Min 55 Sec W, a distance of 41.55'to a point in center of Johnson Farm Rd; thence S 21 Deg 05 Min 55 Sec W, a distance of 43.95' to the Western right of way of Johnson Farm Rd; thence continuing along a line 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 with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 197.48' to the Northern Right of Way of US 421: thence along the Northern right of way US 421 with a curve the point of curvature of a non-tangent curve, concave to the south, having a radius of 11566.16' a central angle of 01 Deg 02 Min 59 Sec, and a chord of 211.87' bearing S 85 Deg 09 Min 58 Sec W; thence West along said curve, a distance of 211.88'; thence continuing along said right of way of US 421 S 84 Deg 38 Min 28 Sec W, a distance of 1511.46' to a point the point of curvature of a tangent curve, concave to the north, having a radius of 5870.00' and a central angle of 04 Deg 01 Min 35 Sec; thence West along said curve, a distance of 412.51', curving to the right; thence leaving said right of way of US 421 along a line with Glen W. Johnson N 01 Deg 24 Min 30 Sec W, a distance of 1188.09'; thence along the Northern line of Glen W. Johnson S 88 Deg 35 Min 30 Sec W, a distance of 821.49' to Rebar set in Creek; thence along the eastern line of Dale Webb to a 2” Eip with No. 5 rebar in center N 22 Deg 19 Min 18 Sec W, a distance of 286.14'; thence along a line with William A. Sawyer N 11 Deg 52 Min 07 Sec W, a distance of 560.45' to an existing concrete monument 6” above the ground; thence continuing along another line with William A. Sawyer N 06 Deg 52 Min 02 Sec W, a distance of 415.28' to a Found No. 5 rebar (bent); thence along a line with Betsy Warren N 06 Deg 57 Min 39 Sec W, a distance of 539.99' to and existing concrete monument 5” above ground; thence along another line with Betsy Warren N 48 Deg 54 Min 52 Sec W, a distance of 182.05' 2” existing iron pipe 4” above water; thence along a line with Annie L Gainey to an existing concrete monument as called for in PB 2013 Pg 156 N 48 Deg 54 Min 52 Sec W, a distance of 670.59'; thence along the southern line of John T Johnson S 87 Deg 38 Min 36 Sec E, a distance of 492.13' to an Existing Concrete Monument at edge of water; thence continuing along the John T Johnson line S 87 Deg 38 Min 36 Sec E, a distance of 1679.26' to the Western right of way of Johnson Farm Road; thence S 87 Deg 28 Min 55 Sec E, a distance of 36.08' to the center of Johnson Farm Road; thence along the center of Johnson Farm Road S 31 Deg 47 Min 38 Sec E, a distance of 372.53' to the center of Tysinger Road; thence continuing along the center of Tysinger Rd the following calls N 70 Deg 23 Min 14 Sec E, a distance of 45.84' to the point of curvature of a tangent curve, concave to the south, having a radius of 2250.00' and a central angle of 03 Deg 23 Min 19 Sec; thence East along said curve, a distance of 133.07', curving to the right; thence N 73 Deg 46 Min 33 Sec E, a distance of 82.83' to the point of curvature of a tangent curve, concave to the north, having a radius of 950.00' and a central angle of 10 Deg 17 Min 56 Sec; thence East along said curve, a distance of 170.76', curving to the left; thence N 63 Deg 28 Min 37 Sec E, a distance of 210.65' to the point of curvature of a tangent curve, concave to the northwest, having a radius of 675.00' and a central angle of 07 Deg 34 Min 03 Sec; thence Northeast along said curve, a distance of 89.15', curving to the left; thence leaving the centerline of Tysinger Road S 87 Deg 37 Min 53 Sec E, a distance of 48.65' to a Number 4 rebar found on the right of way; thence along a line with James and Carolyn Jones S 87 Deg 37 Min 53 Sec E, a distance of 40.61' to an existing concrete monument; thence a line with James and Carolyn Jones S 01 Deg 36 Min 07 Sec W, a distance of 223.73' to a number 4 rebar at base of a 1 ¼” Eip; thence along the southern line with James and Carolyn Jones S 86 Deg 18 Min 43 Sec E, a distance of 11.19' to an existing concrete monument 2” above ground; thence along a line with Ernest G. Lone S 04 Deg 05 Min 28 Sec W, a distance of 931.27' to a 1” existing iron pipe; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 211.57' to the eastern right of way of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to a point in center of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to the western right of way of Johnson Farm Road; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 99.91'; thence N 80 Deg 57 Min 22 Sec E, a distance of 53.59' to a point on the western right of way of Johnson Pond Road; thence N 80 Deg 57 Min 22 Sec E, a distance of 32.53' to the center of Johnson Pond Road; thence along the center of Johnson Pond Road the following calls S 31 Deg 47 Min 16 Sec E, a distance of 420.27'; thence S 31 Deg 46 Min 45 Sec E, a distance of 217.95'; thence S 31 Deg 18 Min 15 Sec E, Town of Lillington | 3 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com a distance of 205.87'; thence leaving the center of Johnson Farm Road N 58 Deg 23 Min 26 Sec E, a distance of 30.69' to the eastern right of way of Johnson Pond Road; thence along a line with along the southern line of David and Judy Milton N 58 Deg 23 Min 26 Sec E, a distance of 267.75' to a point in the branch; thence along said branch the following calls S 74 Deg 00 Min 23 Sec E, a distance of 46.63'; thence S 67 Deg 48 Min 42 Sec E, a distance of 173.70'; thence S 56 Deg 58 Min 25 Sec E, a distance of 35.39'; thence S 71 Deg 19 Min 25 Sec E, a distance of 82.30'; thence S 55 Deg 55 Min 03 Sec E, a distance of 73.03': thence S 89 Deg 56 Min 25 Sec E, a distance of 22.88'; to the POINT OF BEGINNING; said described tract containing 184.31 acres. See map entitled Forsyth Investments Company LLC by Alsey J. Gilbert PLS Dated 03/24/2022. Beginning at a new point in the southern line of Ernest G Long and northern line of Rebecca and James Davidson, said point being located N 87 Deg 43 Min 04 Sec W 1030.68' from an existing concrete monument being the northeastern corner of Rebecca and James Davidson and also being N 18 Deg 25 Min 39 Sec w 2072.04' from NCGS Highland having NSRS 2011 coordinates of N=603410.30' and E=2074402.94' as shot 03/15/2022, said point being the POINT OF BEGINNING; thence along the northern line of Rebecca J. and James P Davidson as recorded in db 1207 pg 878 N 87 Deg 43 Min 04 Sec W, a distance of 900.00' to a 1" EIP flush with ground; thence along a line with A&M Farms N 04 Deg 05 Min 28 Sec E, a distance of 931.27' to an ECM 1" above ground; thence along the southern line of James and Carolyn Jones as recorded in db 2699 pg 670 and pb 2009 pg 747 S 86 Deg 47 Min 28 Sec E, a distance of 851.79' an existing rebar 4" above ground; thence continuing along said line S 86 Deg 45 Min 48 Sec E, a distance of 48.21' and No. 4 rebar set flush; thence along a new line with Ernest G. Long S 04 Deg 06 Min 45 Sec W, a distance of 916.70' to the POINT OF BEGINNING; said described tract containing 19.08 Acres. 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. Adopted this 14th day of February, 2023 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk