GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
S 1
Short Title: State Nature and Historic Preserve. (Public)
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Sponsors: Senator Horton.
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Referred to: Agriculture/Environment/Natural Resources.
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Whereas, Article XIV, Section 5 of the North Carolina Constitution authorizes the dedication of State and local government properties as part of the State Nature and Historic Preserve upon acceptance by resolution adopted by a vote of three-fifths of the members of each house of the General Assembly and removal of properties from that Preserve by law adopted by three-fifths of the members of each house of the General Assembly; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. The following parcels of tracts of land are removed, pursuant to Article XIV, Section 5 of the North Carolina Constitution, from the State Nature and Historic Preserve:
(1) All lands and waters as follows: The portion of that certain tract or parcel of land at Eno River State Park in Durham County, Lebanon Township, described in Deed Book 1626-854, and more particularly described in a Department of Transportation drawing entitled "Sketch Showing a Portion of the Property of the State of North Carolina, Division of Parks and Recreation, Durham County Project 8.1351301 ID# U-2102 for tracts 155, 158, 159, and 163"; the portion of that certain tract or parcel of land at Eno River State Park in Durham County, Lebanon Township, described in Deed Book 1945-773 and more particularly described in a Department of Transportation drawing entitled "Sketch Showing a Portion of the Property of the State of North Carolina, Division of Parks and Recreation, Durham County Project 8.1351301 ID# U-2102 for tracts 155, 158, 159, and 163"; and the certain parcels or tracts of land in Durham and Orange Counties identified as tracts I, II, III, and IVA on the George C. Love, Jr. survey entitled "Plat Prepared for Acquisition of Zener Forest for Eno River State Park"dated December 2, 1993, and revised December 14, 1993.
(2) All lands and waters as follows: The portion of that certain tract or property at Hanging Rock State Park in Stokes County, Danbury Township, described in Deed Book 360, Page 160, that is a 30-foot wide right-of-way beginning approximately 183 feet south of SR 1001 and extending in a southerly direction approximately 1,479 feet and more particularly shown on a survey titled, "J. Spot Taylor Heirs, Danbury Township, Stokes County, N.C."by Grinski Surveying Company, June 1985, as extending from the southwest corner of the Bobby Joe Lankford tract.
(3) All lands and waters as follows: The portion of that certain tract or property at South Mountains State Park in Burke County, Lower Creek Township, described in Deed Book 862, Page 1471 for the new right-of-way for SR 1904 needed for the relocation of this road within the park and as described in the drawing and shown as between the Rutherford Electric Membership Corporation right-of-way and the southern property boundary dated January 28, 1999, entitled "Survey for State of North Carolina"file name 12455.dwg by Suttles Surveying P.A.; and the portions of those certain tracts or property at South Mountains State Park in Burke County, in Upper Fork Township described in Deed Book 860, Page 341 and Deed Book 884, Page 1641 that are south of the centerline of the CCC road and shown on the drawing entitled "Land Trade Between South Mountains State Park and Adjacent Game Land Along CCC Road"by the Division of Parks and Recreation dated March 15, 1999.
Section 2. G.S. 143-260.10 reads as rewritten:
"§ 143-260.10. Components of State Nature and Historic Preserve.
The following are components of the State Nature and Historic Preserve accepted by the North Carolina General Assembly pursuant to G.S. 143-260.8:
(1) All lands and waters
within the boundaries of the following units of the State Parks System as of April 4, 1989: April 6, 1999: Baldhead
Island State Natural Area, Bay Tree Lake State Park, Boones Cave State Park,
Bushy Lake State Natural Area, Carolina Beach State Park, Cliffs of the Neuse
State Park, Chowan Swamp State Natural Area, Dismal Swamp State Natural Area,
Duke Power State Park, Eno River State Park,
Fort Fisher State Recreation Area, Fort Macon State Park, Goose Creek State
Park, Hammocks Beach State Park, Hanging Rock
State Park, Hemlock Bluffs State Natural Area, Jockeys Ridge
State Park, Jones Lake State Park, Lake James State Park, Lake Waccamaw
State Park, Lumber River State Park, Medoc Mountain State Park, Merchant's Merchants Millpond State
Park, Mitchells Millpond State Natural Area
north of S.R. 2224, Area, Mount Jefferson State Park, State Natural Area, Mount
Mitchell State Park, Occoneechee Mountain State Natural Area, Pettigrew
State Park, Pilot Mountain State Park, Raven Rock State Park, Run Hill
State Natural Area, Singletary Lake State Park, South Mountains State Park, Theodore Roosevelt State Natural
Area, and Weymouth Woods-Sandhills Nature Preserve.
(2) All lands and waters
within the boundaries of William B. Umstead State Park as of April 4, 1989, April 6, 1999, with
the exception of Tract Number 65, containing 22.93140 acres as shown on a
survey prepared by John S. Lawrence (RLS) and Bennie R. Smith (RLS), entitled
'Property of The State of North Carolina William B. Umstead State Park', dated
January 14, 1977, and as removed from the State Nature and Historic Preserve by
Chapter 450, Section 1 of the 1985 Session Laws. The tract excluded
from the State Nature and Historic Preserve under this subdivision is deleted
from the State Parks System in accordance with G.S. 113-44.14. The
State of North Carolina may only exchange this land for other land for the
expansion of William B. Umstead State Park or sell and use the proceeds for
that purpose. The State of North Carolina may not otherwise sell or
exchange this land.
(3) All lands
within the boundaries of Jockey's Ridge State Park as of April 4, 1989, with
the exception of the following tract: That certain tract or parcel of land at
Jockey's Ridge State Park in Dare County, Nags Head Township, more particularly
described as follows: Beginning at an iron rod which is located North
39°07'08"West 74.96 feet from an iron pipe having a NC Coordinate
value of X-2996057.363 and Y-823796.892, said iron rod also being located in a
common property line between the State of North Carolina and R. M. Ritchie, et
al.; thence running from said beginning point South 39°07'08"East
10 feet to a point; thence North 49°10'51"East 47.98 feet to a
point in the right-of-way of U.S. 158 Bypass; thence northwesterly along the
aforementioned right-of-way 10 feet to an iron rod; thence South 49°10'51"West
47.98 feet to the point and place of beginning and containing 479.80 square
feet more or less, and as drawn out by the Design and Development Section of
the Division of Parks and Recreation on a map dated November 8, 1988.
(4) All lands within the
boundaries of Morrow Mountain State Park as of April
4, 1989, April 6, 1999, with the exception of the following
tract: That certain tract or parcel of land at Morrow Mountain State Park
in Stanly County, North Albemarle Township, containing 0.303 acres, more or
less, as surveyed and platted by Thomas W. Harris R.L.S., on a map dated August
27, 1988, reference to which is hereby made for a more complete
description. The tract excluded from the State Nature and Historic
Preserve under this subdivision is deleted from the State Parks System in
accordance with G.S. 113-44.14.
(5) All lands
within the boundaries of Pettigrew State Park as of April 4, 1989, with the
exception of the following tract: The portion of that certain tract or
parcel of land at Pettigrew State Park in Washington County, Scuppernong
Township, described in Deed Book 257, page 479, lying south of S.R. 1183 or the
extension thereof along its present right-of-way.
(6) All land within the
boundaries of Crowder's Crowders
Mountain State Park as of April 4, 1989,
April 6, 1999, with the exception of the following tract: The
portion of that certain tract or parcel of land at Crowder's Crowders Mountain State Park in Gaston
County, Crowder's Crowders Mountain
Township, described in Deed Book 1939, page 800, and containing 757.28 square
feet and as shown in a survey by Tanner and McConnaughey, P.A. dated
7/22/88. The tract excluded from the State Nature and Historic
Preserve under this subdivision is deleted from the State Parks System in
accordance with G.S. 113-44.14. The State of North Carolina may only
exchange this land for other land for the expansion of Crowders Mountain State
Park or sell this land and use the proceeds for that purpose. The State
of North Carolina may not otherwise sell or exchange this land.
(7) All lands owned in fee
simple by the State at the New River Scenic River as of April 4, 1989, April 6, 1999, with
the exception of the following tract: That certain tract or parcel of
land at the New River Scenic River in Alleghany County, Piney Creek Township,
described in Deed Book 112, page 610, containing 16.54 acres, and consisting of
lots #12 through #19 on the survey by Dudley and Zeh, R.L.S. dated
9/21/79. The tract excluded from the State Nature and Historic
Preserve under this subdivision is deleted from the State Parks System in
accordance with G.S. 113-44.14.
(8) All lands and waters
within the boundaries of Stone Mountain State Park as of April 4, 1989, April 6, 1999, with
the exception of the following tract: The portion of that certain tract
or parcel of land at Stone Mountain State Park in Wilkes County, Traphill
Township, described as parcel 33-02 in Deed Book 633-193, and more particularly
described as all of the land in this parcel lying to the west of the eastern
edge of the Air Bellows Gap Road as shown on the National Park Service Land
Status Map 33 dated 3/24/81, containing approximately 72 acres. The
tract excluded from the State Nature and Historic Preserve under this
subdivision is deleted from the State Parks System in accordance with G.S.
113-44.14.
(9) All lands and waters
located within the boundaries of the following State Historic Sites as of March 6, 1979: January 1, 1999: Alamance
Battleground Historic Site, Battleground,
Charles B. Aycock Birthplace, Historic Bath
Historic Site, Bath, Bennett Place, Bentonville Battleground Historic Site, Battleground,
Brunswick Town Historic Site, Town/Fort
Anderson, Governor Richard Caswell
Memorial/C.S.S. Neuse Historic Site, C.S.S. Neuse and Governor
Caswell Memorial, Charlotte Hawkins Brown Memorial, Duke Homestead Historic Site, Homestead,
Historic Edenton, Fort Dobbs, Fort Fisher, Historic Halifax, Horne Creek Living
Historical Farm, House in the Horseshoe
Historic Site, James Iredell House Historic Site, Horseshoe,
North Carolina Transportation Museum, President
James K. Polk Memorial Historic Site,
Memorial, Stagville Preservation
Center Historic Site, Stagville, State Capitol Historic Site, Capitol, Town
Creek Indian Mound Historic Site, Mound,
Tryon Palace Historic Site, Governor
Sites & Gardens, Zebulon B. Vance Birthplace Historic Site, Birthplace, and Thomas
Wolfe Memorial Historic Site. Memorial.
(10) All land and waters within the boundaries of Gorges State Park in the transaction approved by the Council of State at their March 2, 1999, meeting and closed by ratification.
(11) All land and waters located within the boundaries of Eno River State Park as of April 6, 1999, with the exception of six tracts: The portion of that certain tract or parcel of land at Eno River State Park in Durham County, Lebanon Township, described in Deed Book 1626-854, and more particularly described in a Department of Transportation drawing entitled 'Sketch Showing a Portion of the Property of the State of North Carolina, Division of Parks and Recreation, Durham County Project 8.1351301 ID# U-2102 for tracts 155, 158, 159, and 163'; and the portion of that certain tract or parcel of land at Eno River State Park in Durham County, Lebanon Township, described in Deed Book 1945-773 and more particularly described in a Department of Transportation drawing entitled "Sketch Showing a Portion of the Property of the State of North Carolina, Division of Parks and Recreation, Durham County Project 8.1351301 ID# U-2102 for tracts 155, 158, 159 and 163". These two tracts excluded from the State Nature and Historic Preserve under this subdivision are deleted from the State Parks System in accordance with G.S. 113-44.14. Further exclusions from the State Nature and Historic Preserve are: the certain parcels or tracts of land in Durham and Orange Counties identified as tracts I, II, III, and IVA on the George C. Love, Jr. survey entitled "Plat Prepared for Acquisition of Zener Forest for Eno River State Park"dated December 2, 1993, and revised December 14, 1993. The State of North Carolina may only exchange these six tracts for other land for the expansion of Eno River State Park or sell these tracts and use the proceeds for that purpose. The State of North Carolina may not otherwise sell or exchange this land.
(12) All land and waters located within the boundaries of Hanging Rock State Park as of April 6, 1999, with the exception of the following tract: The portion of that certain tract or property at Hanging Rock State Park in Stokes County, Danbury Township, described in Deed Book 360, Page 160, that is a 30-foot wide right-of-way beginning approximately 183 feet south of SR 1001 and extending in a southerly direction approximately 1,479 feet and more particularly shown on a survey titled, "J. Spot Taylor Heirs, Danbury Township, Stokes County, N.C.,"by Grinski Surveying Company, June 1985, as extending from the southwest corner of the Bobby Joe Lankford tract. The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S. 113-44.14. The State of North Carolina may only exchange this land for other land for the expansion of Hanging Rock State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
(13) All land and waters located within the boundaries of South Mountains State Park as of April 6, 1999, with the exception of the following tracts: The portion of that certain tract or property at South Mountains State Park in Burke County, Lower Creek Township, described in Deed Book 862, Page 1471 for the new right-of-way for SR 1904 needed for the relocation of this road within the park and as described in the drawing and shown as between the Rutherford Electric Membership Corporation right-of-way and the southern property boundary dated January 28, 1999, entitled "Survey for State of North Carolina"file name 12455.dwg by Suttles Surveying P.A.; and the portions of those certain tracts or property at South Mountains State Park in Burke County, in Upper Fork Township described in Deed Book 860, Page 341 and Deed Book 884, Page 1641 that are south of the centerline of the CCC road and shown on the drawing entitled "Land Trade Between South Mountains State Park and Adjacent Game Land Along CCC Road"by the Division of Parks and Recreation dated March 15, 1999. The tracts excluded from the State Nature and Historic Preserve under this subdivision are deleted from the State Parks System in accordance with G.S. 113-44.14. The State of North Carolina may only exchange this land for other land for the expansion of South Mountains State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land."
Section 3. This act is effective when it becomes law.