AN ACT removing certain described territory from the corporate limits of the town of sunset beach and the city of kinston and to require that voluntary annexation is not contingent on receiving city services in the city of kinston.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  The following described property is removed from the corporate limits of the Town of Sunset Beach:
BEING ALL THAT CERTAIN lot or parcel of land lying and being located in Shallotte Township, Brunswick County, North Carolina, and being more particularly described as follows:
BEGINNING at a 1/2" rebar set in the eastern right‑of‑way of NC Highway 904 (60‑foot right‑of‑way), said rebar having NC grid coordinates (NAD 83/86) of N = 56,756.6469' and E = 2,154,937.6319'; thence from said point and place of BEGINNING North 87º15'02" East, a distance of 127.37 feet to a 1/2" rebar set; thence North 79º27'13" East, a distance of 94.01 feet to a 1/2" rebar set; thence along a curve to the left having a radius of 189.50 feet, an arc length of 42.57 feet, and a chord bearing and distance of North 73º01'03" East, a distance of 42.48 feet to a 1/2" rebar set; thence North 66º34'53" East, a distance of 924.41 feet to a 1/2" rebar set; thence South 08º40'20" East, a distance of 542.20 feet to a point in the center of Calabash Creek; thence with the run of Calabash Creek the following seven calls: (1) South 66º23'43" West, a distance of 50.49 feet to a point; (2) South 63º 31'28" West, a distance of 34.25 feet to a point; (3) South 63º41'31" West, a distance of 62.72 feet to a point; (4) South 50º34'20" West, a distance of 74.29 feet to a point; (5) South 59º44'42" West, a distance of 55.60 feet to a point; (6) South 62º31'45" West, a distance of 97.58 feet to a point; and (7) South 65º42'52" West, a distance of 60.39 feet to a point; thence leaving said Calabash Creek North 09º17'38" West, a distance of 530.44 feet to a 1/2" rebar set; thence South 66º34'53" West, a distance of 484.18 feet to a 1/2" rebar set; thence along a curve to the right having a radius of 239.50 feet, an arc length of 53.81 feet, and a chord bearing and distance of South 73º01'03" West, a distance of 53.69 feet to a 1/2" rebar set; thence South 79º27'13" West, a distance of 133.32 feet to a 1/2" rebar set; thence South 72º51'33" West, a distance of 88.22 feet to a 1/2" rebar set in the eastern right‑of‑way of NC Highway 904; thence with the eastern right‑of‑way of NC Highway 904 the following two calls: (1) North 09º57'05" West, a distance of 41.07 feet to a 1/2" rebar set; and (2) North 10º02'08" West, a distance of 36.34 feet to a 1/2" rebar set, being the point and place of BEGINNING, containing 6.22 acres, more or less, as shown on a survey entitled "ALTA/ACSM Land Title Survey For: Sunset Creek Commons" prepared by Norris & Ward Land Surveyors, P.A., dated June 17, 2015.
SECTION 1.(b)  This section becomes effective June 30, 2017. Property in the territory described in this section as of January 1, 2017, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2017.
SECTION 2.(a)  The following described property, referenced by the Lenoir County Tax Office Parcel Identification Number, is removed from the corporate limits of City of Kinston:
2783, 37414, 37415, 37416, 37417, 37418, 37419, 37420, 2233, 2510, 3928, 1499, 2246, 2239, 1522, 3824, 1621, 1633, 3246, 3920, 1535, 2242, 2243, 2473, 3405, 29150, 2771, 29151, 2152, 35514, 2256, 35220, 35219, 2247, 2188, 2062, 2244, 2245, 2638, 2843, 2705, 1811, 3287, 3318, 2023, 2240, 2960, 2431, 3352, 1786, 2474, 2933, 3893, 32017, 2045, 3912.
SECTION 2.(b)  The City of Kinston shall not amend, enforce, or otherwise seek to force any party to abide by the terms and conditions of the sewer service agreement recorded in Book 802, Page 905, of the Lenoir County Register of Deeds.
SECTION 2.(c)  This section becomes effective June 30, 2017. Property in the territory described in this section as of January 1, 2017, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2017.
SECTION 3.(a)  G.S. 160A‑31(a) reads as rewritten:
"(a)	The governing board of any municipality may annex by ordinance any area contiguous to its boundaries upon presentation to the governing board of a petition signed by the owners of all the real property located within such area. The petition shall be signed by each owner of real property in the area and shall contain the address of each such owner and a statement that the owner's petition for annexation is not based upon any representation by the municipality that a public enterprise service available outside the corporate limits of that municipality would be withheld from the owner's property without the petition for annexation."
SECTION 3.(b)  G.S. 160A‑58.1(c) reads as rewritten:
"(c)	The petition shall contain the names, addresses, and signatures of all owners of real property within the proposed satellite corporate limits (except owners not required to sign by subsection (a)), shall describe the area proposed for annexation by metes and bounds, and shall have attached thereto a map showing the area proposed for annexation with relation to the primary corporate limits of the annexing city. The petition shall also contain a statement from the owner that the owner's petition for annexation is not based upon any representation by the municipality that a public enterprise service available outside the corporate limits of that municipality would be withheld from the owner's property without the petition for annexation. When there is any substantial question as to whether the area may be closer to another city than to the annexing city, the map shall also show the area proposed for annexation with relation to the primary corporate limits of the other city. The city council may prescribe the form of the petition."
SECTION 3.(c)  This section applies only to the City of Kinston.
SECTION 3.(d)  This section is effective when it becomes law.
SECTION 4.  Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 30th day of June, 2017.

	s/	 Philip E. Berger
	 President Pro Tempore of the Senate

	s/	 Tim Moore
	 Speaker of the House of Representatives