S224: San. Dist. Amendment/Property Transfer. Latest Version

2021-2022

Senate
Passed 1st Reading
Committee
Rules
House
Passed 1st Reading
Committee
Rules
Passed 3rd Reading



AN ACT TO AUTHORIZE SANITARY DISTRICTS TO CREATE, MAINTAIN, AND OPERATE PARKS AND RECREATION PROGRAMS AND FACILITIES AND TO TRANSFER A PORTION OF THE COLUMBUS CORRECTIONAL FACILITY TO THE COLUMBUS COUNTY BOARD OF COMMISSIONERS.

The General Assembly of North Carolina enacts:

 

AUTHORIZE SANITARY DISTRICTS TO CREATE, MAINTAIN, AND OPERATE PARKS AND RECREATION PROGRAMS AND FACILITIES

SECTION 1.  G.S. 130A‑55 reads as rewritten:

§ 130A‑55.  Corporate powers.

A sanitary district board shall be a body politic and corporate and may sue and be sued in matters relating to the sanitary district. Notwithstanding any limitation in the petition under G.S. 130A‑48, but subject to the provisions of G.S. 130A‑55(17)e, each sanitary district may exercise all of the powers granted to sanitary districts by this Article. In addition, the sanitary district board shall have the following powers:



(4a)      To provide for the creation, maintenance, and operation of parks and recreation programs and facilities with all the powers provided to cities and counties in G.S. 160A‑353. However, a sanitary district may not exercise the power of eminent domain to acquire real property for parks and recreation programs or facilities.

….

 

TRANSFER A PORTION OF THE COLUMBUS CORRECTIONAL FACILITY TO THE COLUMBUS COUNTY BOARD OF COMMISSIONERS

SECTION 2.(a)  The State of North Carolina shall convey to the Columbus County Board of Commissioners, for consideration of one dollar ($1.00), all its right, title, and interest in the property located adjacent to Columbus Correctional Institution currently leased to Columbus County for use as the Columbus County Agriculture Fairground, to be described as a subdivision consisting of approximately 18.26 AC+/‑ from the property generally described in the Columbus County Register of Deeds deed referenced in Book 147 Page 315. The conveyance is subject to a reversionary interest reserved by the State. The property shall be conveyed to the Columbus County Board of Commissioners for so long as it is utilized for county government purposes.

The Department of Public Safety and Columbus County shall mutually develop the boundaries of the property to be subdivided for conveyance to Columbus County. The property conveyed shall include only property currently leased to Columbus County for use as the Columbus County Agriculture Fairground as generally described by the Columbus County lease agreement as referenced in Book 322 Page 776 and amended as referenced in Book 342 Page 677 in the Columbus County Register of Deeds, totaling approximately 18.26 AC+/‑.

SECTION 2.(b)  The State of North Carolina shall convey the real property described in Section 2(a) of this act as is where is without warranty and subject to any existing easements, covenants, earlier grants to others by the State Property Office, or other restrictions of record. The State makes no representations or warranties concerning the title to the property, the boundaries of the property, the uses to which the property may be put, zoning, local ordinances, or any physical, environmental, health, and safety conditions relating to the property. All costs associated with the conveyance of the property, including, but not limited to, subdivision, surveying, engineering services, permitting, and utility connections shall be borne by Columbus County.

SECTION 2.(c)  The conveyance of the State's right, title, and interest in the Columbus Correctional Facility shall be exempt from the provisions of Article 7 of Chapter 146 of the General Statutes. The conveyance shall comply with the provisions of Article 16 of Chapter 146 of the General Statutes, provided that the provisions of G.S. 146‑74 shall not apply.

 

EFFECTIVE DATE

SECTION 3.  This act is effective when it becomes law.