GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	2 

HOUSE BILL 456
Senate Local Government & Regional Affairs Committee Substitute Adopted 6/17/93

Short Title:  New Bern/Burlington Conveyances.	(Local)
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Sponsors:
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Referred to:  
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March 22, 1993

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE CONVEYANCE OF CERTAIN PROPERTY OWNED BY THE CITY OF NEW BERN TO THE NEUSE RIVER COMMUNITY DEVELOPMENT CORPORATION, INC., AND TO AUTHORIZE THE BURLINGTON CITY SCHOOL ADMINISTRATIVE UNIT TO DISPOSE OF CERTAIN PROPERTY AT PRIVATE SALE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 160A-279 reads as rewritten:
"§ 160A-279.  Sale of property to entities carrying out a public purpose; procedure.
(a)	Whenever a city or county is authorized to appropriate funds to any public or private entity which carries out a public purpose, the city or county may, in lieu of or in addition to the appropriation of funds, convey by private sale to such an entity any real or personal property which it owns; provided that no such conveyance may be made to a for-profit corporation.  The city or county shall attach to any such conveyance covenants or conditions which assure that the property will be put to a public use by the recipient entity.  The procedural provisions of G.S. 160A-267 shall apply.
(b)	Notwithstanding any other provision of law, this section applies only to cities and counties and not to any other entity which this Article otherwise applies to.
	(d)	This section does not limit the right of any entity to convey property by private sale when that right is conferred by another law, public, or local."
Sec. 2.  The City of New Bern may convey in accordance with G.S. 160A-279, as amended by this act, to the Neuse River Community Development Corporation, Inc., a nonprofit corporation, certain property described in this section for development into affordable housing for persons of low and moderate income notwithstanding that the property was acquired originally by the City of New Bern for parks, playgrounds, and recreational use, and for the widening, extending, or improving of streets, alleys, and sidewalks within the City of New Bern, to wit:
All that certain tract or parcel of land situate, lying, and being in the City of New Bern, Craven County, North Carolina, and being more particularly described as follows:
Beginning at the point of intersection of the southerly right-of-way line of New South Front Street with the easterly right-of-way line of Norwood Street; THENCE FROM SAID POINT OF BEGINNING South 05°16'43" East, along and with the easterly right-of-way line of Norwood Street 276.05 feet, more or less, to the southwest corner of Lot 15 of the proposed subdivision known as "Lawson Creek Estates," a copy of which has been filed with the Planning and Zoning Board of the City of New Bern and is on file in the office of the Director of Planning & Inspections of said City of New Bern; thence North 76°04'15" East, 44.91 feet, more or less, along and with the southern lines of Lots 15, 16, 17, 18, 19, 20, and 21 of said proposed subdivision to the westerly right-of-way line of Jones Street extended southwardly to Lawson Creek; thence southwardly along and with the westerly right-of-way line of Jones Street extended to Lawson Creek; thence northeastwardly along and with Lawson Creek to its point of intersection with the easterly right-of-way line of Jones Street extended; thence North 05°56'07" West, along and with the easterly right-of-way line of Jones Street extended 146.76 feet, more or less, to the southwestern corner of Lot 22 of said proposed subdivision; thence along and with the southern line of said Lot 22 North 73°02'02" East, 100 feet to the southeastern corner of said Lot 22; thence North 05°56'07" West, along and with the easternmost line of Lots 22 and 23 and a portion of Lot 24 of said proposed subdivision 147.49 feet to the southwestern corner of Lot 26 of said proposed subdivision; thence North 73°02'02" East, 171.61 feet along and with southern lines of Lots 26 and 27 of said proposed subdivision to the westernmost corner of Lot 28 of said proposed subdivsion; thence South 32°33'22" East, 175.00 feet, more or less, along and with the westerly lines of Lots 28, 29, and 30 of said proposed subdivision to the southwestern corner of said Lot 30 of said proposed subdivision; thence North 72°42'01" East, 115.32 feet, more or less, to the southwesterly right-of-way line of Liberty Street extended southwardly to Lawson Creek; thence North 32°33'22" West, 180 feet, more or less, along and with the southwesterly right-of-way line of Liberty Street and Liberty Street extended to the northeastern corner of Lot 28 of said proposed subdivision; thence South 73°02'02" West, 96.51 feet along and with the northern line of said Lot 28 to a point in the eastern line of Lot 27 of said proposed subdivision; thence North 32°33'22" West, 101.31 feet to the southerly right-of-way line of New South Front Street; thence westwardly along and with the southern right-of-way line of New South Front Street the following courses and distances to the point of beginning: South 73°02'02" West, 241.77 feet; South 75°16'08" West, 60.72 feet; and South 76°04'15" West, 498.25 feet to the point of intersection of the southerly right-of-way line of New South Front Street with the easterly right-of-way line of Norwood Street.  SAVING AND EXCEPTING from the terms of this description the right-of-way of Jones Street, including Jones Street extended southwardly to Lawson Creek.
Sec. 3.  Notwithstanding G.S. 115C-518(a) or Article 12 of Chapter 160A of the General Statutes, the Burlington City Board of Education may convey at private negotiation and sale, with exchange for other property, or monetary consideration, or both, any or all of its right, title, and interest to the following described property, or any part thereof:

TRACT ONE:  That certain tract or parcel of land in Boone Station Township, Alamance County, North Carolina, adjoining the lands of R.K. Lasley, Dewey Florence, Claude D. May and K.E. Overman and bounded and described as follows:

BEGINNING at an iron stake, corner with Dewey Florence in R. K. Lasley's line; running thence with the said Florence S. 39° 10' W. 833.7 feet to an iron stake, corner with Claude D. May in the said Florence line; thence with the said Claude D. May S. 37° 20' E. 893.6 ft. to a point in the center of public road, corner with Claude D. May in K. E. Overman's line (iron stake set on this line N. 37° 20' W. 20 ft. from the corner in the road); thence along the center of the said public road and with the line of K. E. Overman N. 46° E. 888.5 ft. to a point in the center of the said public road and corner with the said Overman; thence with the said Overman N. 41° 50' W. 60.5 ft. to a hickory tree (iron stake set on this line 20 ft. from the corner in the road), corner with K. E. Overman and R. K. Lasley; thence with the said Lasley, N. 41° 50' W. 924.5 ft to the Beginning, containing 18.4 acres, more or less, as shown by survey made by W. T. Hall, County Surveyor, June 1, 1943.

TRACT TWO:  A certain tract or parcel of land in Boone Station Township, Alamance County, North Carolina, more particularly described as follows:

BEGINNING at an iron stake in the line of Bill Price, corner with Mrs. R. K. Lasley; thence with the line of Mrs. Lasley and Claude May, S. 39° 3' W. 928.8 ft to an iron stake in the line of Claude May, corner with James Graham (formerly J. N. May); thence with the line of Graham, N. 43° 38' W. 1112.1 ft. to an iron stake, corner with Graham; thence with Graham, S. 73° 20' W. 104.62 ft. to an iron stake near a branch, corner with Graham; thence with the line of the property of Joseph F. Robertson the following courses and distances:  N. 4° 13' E. 340.75 ft.; N. 19° 27'  W. 325 ft.; N. 14° 23' E. 486 ft. to an iron stake, corner with Robertson and in the line of Duke Power Company; thence with the line of Duke Power Company, S. 41° 7' E. 263.3 ft. to an iron stake, corner with Duke Power; thence with Duke Power Company, N. 42° 58' E. 299.9 ft. to an iron stake in the line of the George J. Albright property (now J.A. Crumpler), corner with Duke Power Company; thence with the Albright property, S. 41° 7' E. 649 ft. to an iron stake, corner with the Albright property and Bill Price; thence with the line of Bill Price, S. 40° E. 403.3 ft. to a rock and iron stake and in the line of Bill Price; thence again with Price, S. 42° E. 529.4 ft. to the BEGINNING.
Sec. 4.  Sections 1 and 2 of this act apply to the City of New Bern only, and Section 1 applies only to the conveyance authorized by Section 2 of this act.
Sec. 5.  This act is effective upon ratification.