GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 696

Short Title:  Waxhaw Annexations.	(Local)

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Sponsors: Senators Plyler and Purcell.

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Referred to:  Finance.

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April 1, 1999

A BILL TO BE ENTITLED
AN ACT ADDING CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF WAXHAW AND EXEMPTING THAT PROPERTY FROM THE CEILING ON SATELLITE ANNEXATIONS.
The General Assembly of North Carolina enacts:
Section 1.  The following described property is added to the corporate limits of the Town of Waxhaw:

TRACT 1

LYING AND BEING in Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows:

To find the point or place of BEGINNING, commence at a point located at the intersection of the centerline of N.C. Highway #16 and the centerline of the sixty-foot (60')	right-of-way of Cuthbertson Road (S.R. No. 1321) and proceed North 63-55-05 East a distance of 4193.55 feet to a railroad spike located on the centerline of the aforesaid right-of-way of Cuthbertson Road, said railroad spike also being located on a northern boundary line of that property owned by Rosly Pfister (now or formerly) as described in that document recorded in Book 251 at Page 267 of the Union County Public Registry, said railroad spike being the point or place of BEGINNING; running thence from the point or place of BEGINNING along a portion of the aforesaid northern boundary line of that property owned by Rosly Pfister South 69-30-00 West, passing a 3/4-inch iron rod located on the western margin of the aforesaid right-of-way of Cuthbertson Road at a distance of 48.12 feet, a total distance of 809.62 feet to a 5/8-inch iron rod in old stone pile located at a corner of that property owned by George E. Holland and wife Joanne R. Holland (now or formerly); running thence along a northern boundary line of that property owned by George E. Holland and wife, Joanne R. Holland South 70-31-30 West a distance of 303.62 feet to an old 27-inch diameter beech on east bank of the West Fork of Twelve Mile Creek, said beech also being located at a corner of that property owned by Mrs. W. J. Lewis (now or formerly) as described in that document recorded in Book 98 at Page 242, aforesaid registry; running thence along the boundary of the aforesaid property owned by Mrs. W. J. Lewis North 04-13-50 West a distance of 159.68 feet to a point located in the creek channel of the aforesaid West Fork of Twelve Mile Creek; running thence within the aforesaid creek channel of the West Fork of Twelve Mile Creek and along the aforesaid boundary of that property owned by Mrs. W. J. Lewis the following eleven (11) courses and distances:
(1)  North 18-41-10 East a distance of 307.71 feet to a point;
(2)  North 27-05-20 West a distance of 141.60 feet to a point;
(3)  North 19-32-00 West a distance of 164.90 feet to a point;
(4)  North 07-42-30 West a distance of 166.13 feet to a point;
(5)  North 08-27-00 East a distance of 114.94 feet to a point;
(6)  North 24-26-40 West a distance of 289.60 feet to a point;
(7)  North 41-49-20 West a distance of 250.93 feet to a point;
(8)  North 46-18-40 West a distance of 200.33 feet to a point;
(9)  North 21-22-40 West a distance of 242.32 feet to a point;
(10)  North 37-21-30 West a distance of 661.79 feet to a point;
(11)  North 58-07-10 West a distance of 137.41 feet to a point; thence leaving the aforesaid creek channel of the West Fork of Twelve Mile Creek and continuing along the aforesaid boundary of that property owned by Mrs. W. J. Lewis the following four (4) courses and distances: (1) North 84-59-00 West a distance of 59.23 feet to a 1-inch iron rod (formerly a P.O. stump); (2) South 87-25-40 West a distance of 705.80 feet to a 3/4-inch iron in old stone pile; (3) North 19-24-00 West a distance of 413.43 feet to a 1-inch iron rod in stone pile (North 47 West a distance of 36 feet from spring); and (4) North 58-17-30 East a distance of 774.01 feet to a 3/4-inch iron in mouth of spring branch, said point also being located in the creek channel of Big Branch; running thence within the aforesaid creek channel of Big Branch and continuing along the aforesaid boundary of that property owned by Mrs. W. J. Lewis the following four (4) courses and distances:  (1) South 46-10-30 East a distance of 84.16 feet to a point; (2) South 77-41-50 East a distance of 168.53 feet to a point; (3) North 64-31-50 East a distance of 134.22 feet to a point; and (4) North 27-06-50 East a distance of 95.57 feet to a point located in the aforesaid creek channel of the West Fork of Twelve Mile Creek; running thence within the aforesaid creek channel of the West Fork of Twelve Mile Creek and continuing along the aforesaid boundary of that property owned by Mrs. W. J. Lewis the following seven (7) courses and distances:
(1)  North 81-42-30 West a distance of 83.00 feet to a point;
(2)  North 41-30-10 West a distance of 135.63 feet to a point;
(3)  North 76-16-10 West a distance of 49.21 feet to a point;
(4)  North 16-47-40 East a distance of 57.07 feet to a point;
(5)  North 67-43-30 East a distance of 135.16 feet to a point;
(6)  North 59-29-20 East a distance of 268.53 feet to a point; and
(7)  North 82-57-50 East a distance of 117.06 feet to a 1/2-inch iron rod in large rock outcropping in creek; thence leaving the aforesaid creek channel of the West Fork of Twelve Mile Creek and continuing along the aforesaid boundary of that property owned by Mrs. W. J. Lewis the following four (4) courses and distances:  (1)  South 70-13-00 East a distance of 520.85 feet to a 3/4-inch iron rod in stone pile; (2) North 12-21-20 East a distance of 454.27 feet to a 3/4-inch iron rod in stone pile (1-foot northwest of a white maple); (3) North 62-06-30 East a distance of 322.50 feet to a 3/4-inch iron rod with stones on bank on south side of drain; and (4) North 51-36-00 East a distance of 72.75 feet to the highest point on northernmost rock of rock outcropping in creek, said point being located within the aforesaid creek channel of the West Fork of Twelve Mile Creek; thence running within the aforesaid creek channel of the West Fork of Twelve Mile Creek and continuing along the aforesaid boundary of that property owned by Mrs. W. J. Lewis the following three (3) courses and distances:  (1) North 11-55-00 West a distance of 361.95 feet to a 5/8-inch iron rod in creek; (2) North 07-20-00 West a distance of 350.47 feet to a 5/8-inch iron rod in creek; and (3) North 11-10-00 East a distance of 250.36 feet to a 5/8-inch iron rod in creek; thence leaving the aforesaid creek channel of the West Fork of Twelve Mile Creek and continuing along the aforesaid boundary of that property owned by Mrs. W. J. Lewis North 02-39-00 West a distance of 268.20 feet to a 3/4-inch iron rod in stone pile in old road bed; running thence South 65-50-40 East a distance of 1554.55 feet to a 5/8-inch iron rod in old stone pile at fence corner, all or a part of which line adjoins a boundary of that property owned by W. J. Lewis Heirs (now or formerly) as described in that document recorded in Book 109 at Page 631, aforesaid Registry (Correction Deed referring to that document recorded in Book 105 at Page 20, aforesaid Registry) and as shown on plat recorded in Plat Book 3 at Page 9, aforesaid Registry; thence continuing along the aforesaid boundary of that property owned by W. J. Lewis Heirs the following two (2) courses and distances:  (1) South 18-31-30 West a distance of 1929.96 feet to an old 3/4-inch square shaft in stone pile at fence corner; and (2) South 86-30-00 East, passing a 3/4-inch iron rod with stones located on the western margin of the aforesaid right-of-way of Cuthbertson Road at a distance of 891.88 feet, a total distance of 922.37 feet to a railroad spike located on the centerline of the aforesaid right-of-way of Cuthbertson Road; thence continuing along a portion of the aforesaid boundary of that property owned by W. J. Lewis Heirs and a boundary line of that property owned by James A. Mullis and wife, Nancy F. Mullis (now or formerly) as shown on that plat recorded in Plat Book 3 at Page 9, aforesaid Registry the following four (4) courses and distances:  (1) South 86-30-00 East, passing a 1/2-inch iron rod located on the eastern margin of the aforesaid right-of-way of Cuthbertson Road at a distance of 30.49 feet, a total distance of 1669.81 feet to an old 3/4-inch square shaft; (2) North 25-23-30 West a distance of 305.26 feet to an old 3/4-inch square shaft; (3) North 35-27-30 East a distance of 180.09 feet to an old 1-inch strap iron; and (4) North 37-15-00 East a distance of 145.48 feet to an old 1-1/2-inch diameter iron pipe located at a southern corner of that property owned by William E. Farmer and wife, Barbara L. Farmer (now or formerly) as described in that document recorded in Book 363 at Page 525, aforesaid Registry; running thence along a southeastern boundary line of the aforesaid property owned by William E. Farmer and wife, Barbara L. Farmer and along the southeastern boundary line of those properties owned by (1) Frank Forest (now or formerly) as described in that document recorded in Book 363 at Page 598, aforesaid Registry, (2) Lyle Dean (now or formerly), (3) Lyle Dean and wife, Winnie Mae D. Dean (now or formerly) as described in that document recorded in Book 214 at Page 583, aforesaid Registry, and (4) Samuel B. Boatright and wife, Velma S. Boatright as described in that document recorded in Book 137 at Page 491, aforesaid Registry North 35-33-40 East a distance of 1510.41 feet to a 3/4-inch iron rod in old stone pile by a dead black jack, said iron rod also being located at a western corner of that property owned by Carole E. Bookhart (now or formerly) as described in that document recorded in Will Book 13-E at Page 227 of the Office of the Clerk of Superior Court of Union County; running thence along the boundary of the aforesaid property owned by Carole E. Bookhart the following three (3) courses and distances:  (1) South 66-39-10 East a distance of 348.59 feet to a 3/4-inch iron rod in old stone pile on west edge of old road; (2) South 07-29-40 East a distance of 827.67 feet to a 3/4-inch iron rod by an old stone in fork of road (formerly a pine stump); (3) South 42-55-30 East a distance of 1006.06 feet to a 3/4-inch iron rod in stone pile located at the northwesternmost corner of that property known as a "church lot"(no deed found); running thence along the boundary of the aforesaid "church lot"the following three (3) courses and distances: (1) South 02-42-30 East a distance of 387.88 feet to a 3/4-inch iron rod (formerly a stone); (2) North 89-33-40 East a distance of 505.87 feet to a 3/4-inch iron rod in old stone pile; and (3) North 28-24-20 West a distance of 141.52 feet to a 3/4-inch iron rod in old stone pile located on a boundary line of the aforesaid property owned by Carole E. Bookhart; running thence along the aforesaid boundary of that property owned by Carole E. Bookhart the following three (3) courses and distances: (1) South 88-36-10 East a distance of 536.81 feet to a 3/4-inch iron rod in old stone pile; (2) South 27-03-40 West a distance of 127.80 feet to a 3/4-inch iron rod in old stone pile; and (3) South 04-36-30 East a distance of 418.91 feet to a 3/4-inch iron rod on north bank (formerly a stone) of the East Fork of Twelve Mile Creek, said iron rod also being located at a corner of that property owned by Harry H. Williams (now or formerly) as described in that document recorded in Book 414 at Page 917, aforesaid Registry; running thence within the aforesaid creek channel of the East Fork of Twelve Mile Creek and along the aforesaid boundary of that property owned by Harry H. Williams and along the boundary of those properties owned by (1) Jack T. Hamilton and wife, Paula B. Hamilton (now or formerly) as described in that document recorded in Book 299 at Page 648 (Tract I), aforesaid Registry, and (2) William Carl Bennett as described in that document recorded in Book 253 at Page 408, aforesaid Registry the following fifteen (15) courses and distances:
(1) South 80-35-50 West a distance of 603.74 feet to a point;
(2) South 20-09-50 West a distance of 97.68 feet to a point;
(3) South 22-32-50 East a distance of 346.19 feet to a point;
(4) South 09-34-10 East a distance of 179.36 feet to a point;
(5) South 36-52-00 West a distance of 85.82 feet to an old 1-inch iron shaft located at a western corner of that property owned by Harry Hood Williams (now or formerly) as described in that document recorded in Book 213 at Page 567, aforesaid Registry;
(6) South 54-38-20 West a distance of 373.52 feet to a point;
(7) South 73-42-00 West a distance of 109.41 feet to a point;
(8) South 84-49-00 West a distance of 202.57 feet to a point;
(9) North 80-39-40 West a distance of 136.33 feet to a point;
(10) North 38-25-30 West a distance of 140.71 feet to a point;
(11) North 25-26-30 West a distance of 191.44 feet to a point;
(12) South 81-57-30 West a distance of 72.48 feet to a point;
(13) South 27-30-20 West a distance of 217.04 feet to a point;
(14) South 37-49-20 West a distance of 827.69 feet to a point;
and (15) South 37-49-20 West a distance of 114.60 feet to a point located at a corner of that property owned by Mrs. Bleeka Boatright (now or formerly) as described in that document recorded in Book 100 at Page 519, aforesaid Registry; thence running along the boundary of the aforesaid property owned by Mrs. Bleeka Boatright the following five (5) courses and distances: (1) North 47-48-50 West a distance of 33.87 feet to a 3/4-inch iron rod on north bank (formerly a stone) of the East Fork of Twelve Mile Creek; (2) North 47-48-50 West a distance of 1282.39 feet to the highest point of two old Negro head rocks; (3) North 48-06-10 West a distance of 392.62 feet to the highest point of two old Negro head rocks; (4) South 43-59-30 West a distance of 543.38 feet to a 3/4-inch iron rod in stone pile (formerly a P.O. stump); (5) South 69-30-00 West a distance of 1553.68 feet to an axle (set) located at a corner of that property owned by Rosly Pfister (now or formerly) as described in that document recorded in Book 251 at Page 267, aforesaid Registry; running thence along a portion of a boundary line of that property owned by Rosly Pfister South 69-30-00 West, passing a 3/4-inch iron rod located on the eastern margin of the aforesaid right-of-way of Cuthbertson Road at a distance of 333.14 feet, a total distance of 381.26 feet to a railroad spike located in the centerline of the right-of-way of Cuthbertson Road, said railroad spike being located at the point or place of BEGINNING and containing 462.828 acres as shown on that certain survey entitled "Map Showing Boundary Survey for Cuthbertson Road Joint Venture"dated September 3, 1976, last revised October 15, 1990, and prepared by William A. Soiset, Registered Land Surveyor, RLS-1415, reference to which survey is hereby made for a more particular description.

TRACT 2

LYING AND BEING in Sandy Ridge Township, Union County, North Carolina and being more particularly described as follows:

To find the point or place of BEGINNING, commence at that point located at the intersection of the centerline of the right-of-way of N.C. Highway #16 and the centerline of the sixty-(60)	foot right-of-way of Cuthbertson Road (S.R. No. 1321) and proceed North 63-55-05 East a distance of 4193.55 feet to a railroad spike located on the centerline of the aforesaid right-of-way of Cuthbertson Road, said railroad spike also being located on a boundary line of that property owned by Harry DeLaney (now or formerly) as described in that document recorded in Book 430 at Page 836 of the Union County Public Registry; thence leaving the centerline of the aforesaid right-of-way of Cuthbertson Road and continuing along the aforesaid boundary line of that property owned by Harry DeLaney North 69-30-00 East, passing a 3/4 inch iron rod located on the eastern margin of the aforesaid right-of-way of Cuthbertson Road at a distance of 48.12 feet, a total distance of 381.26 feet to an axle (set), said axle (set) being the point or place of BEGINNING; running thence from said Beginning Point along the aforesaid boundary line of that property owned by Harry  DeLaney the following four (4) courses and distances:  (1) North 69-30-00 East a distance of 1553.68 feet to a 3/4-inch rod in stone pile (found); (2) North 43-59-30 East a distance of 543.38 feet to the highest point of two old Negro head rocks; (3) South 48-06-10 East a distance of 392.62 feet to the highest point of two old Negro head rocks; and (4) South 47-48-50 East, passing a 3/4-inch iron rod on North Bank (found) at a distance of 1282.39 feet, a total distance of 1316.26 feet to a point located in the centerline of the East Fork of Twelve Mile Creek, said point also being located on the boundary of that property owned by William Carl Bennett (now or formerly) as described in that document recorded in Book 253 at Page 408, aforesaid Registry; running thence along the centerline of the aforesaid East Fork of Twelve Mile Creek and along the boundary of the aforesaid property owned by William Carl Bennett and the boundaries of Lots 22 and 21 of Eastfield Plantation as shown on that plat recorded in Plat Cabinet B at File 5A, aforesaid Registry the following seventeen (17) courses and distances:
(1)  South 45-24-00 West a distance of 400.00 feet to a point;
(2)  South 41-11-00 West a distance of 400.00 feet to a point;
(3)  South 47-14-00 West a distance of 356.00 feet to a point;
(4)  south 51-09-15 West a distance of 365.00 feet to a point;
(5)  South 43-18-20 West a distance of 191.65 feet to a point;
(6)  South 54-39-00 West a distance of 40.00 feet to a point;
(7)  South 77-42-30 West a distance of 61.41 feet to a point;
(8)  North 81-23-00 West a distance of 194.34 feet to a point;
(9)  North 61-57-00 West a distance of 47.28 feet to a stone outcropping at west end of remains of old dam;
(10)  North 5-03-00 West a distance of 205.97 feet to a point;
(11)  North 61-26-15 East a distance of 106.00 feet to a point;
(12)  North 18-41-45 West a distance of 77.00 feet to a point;
(13)  South 73-42-15 West a distance of 222.00 feet to a point;
(14)  North 87-24-45 West a distance of 235.00 feet to a point;
(15)  North 73-50-45 West a distance of 152.00 feet to a point;
(16)  South 73-29-15 West a distance of 107.00 feet to a point;
and (17) South 45-29-15 West a distance of 75.43 feet to a point located on the boundary of that property owned by Rosly Pfister (now or formerly) as described in that document recorded in Book 251 at Page 267, aforesaid Registry; running thence along the aforesaid boundary of that property owned by Rosly Pfister the following five (5) courses and distances: (1) North 68-41-00 West a distance of 54.36 feet to a P.K. nail (set) in fissure in large rock; (2) North 68-41-00 West a distance of 696.83 feet to a hole (set) in large stone; (3) North 11-00-00 West a distance of 530.00 feet to a 3/4-inch iron rod (set); (4) North 4-02-00 East a distance of 165.00 feet to a 3/4-inch iron rod (set); and (5) North 17-00-00 West a distance of 202.81 feet to an axle (set), said axle being located at the point or place of BEGINNING and containing 95.339 acres (total) as shown on that certain survey entitled "Map Showing a Boundary Survey for Cuthbertson Road Joint Venture"dated November 2, 1990, revised November 30, 1990, and prepared by William A. Soiset, RLS-1415, reference to which survey is hereby made for a more particular description.
Section 2. The property described in Section 1 of this act shall not be included in any calculations made under G.S. 160A-58.1(b)(5).
Section 3. This act is effective when it becomes law.