H1065: Clyde/Andrews Deannex; Various Land Transfers. Latest Version


House
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
Senate
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
Ch. SL 2022-41





GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2021

 

SESSION LAW 2022-41

HOUSE BILL 1065

 

 

AN ACT to remove certain described property from the corporate limits of the Town of clyde, to transfer certain described property from the corporate limits of the City of Locust to the corporate limits of the Town of Midland, to transfer certain DESCRIBED property from the corporate limits of the town of landis to the corporate limits of THE city of kannapolis, to transfer CERTAIN DESCRIBED PROPERTY FROM THE corporate limits of THE CITY OF KANNAPOLIS to THE corporate limits of THE TOWN OF LANDIS, and to remove certain described property from the corporate limits of the Town of ANDREWS.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.(a)  The following described property, identified by Haywood County Tax Property Identification Number, is removed from the corporate limits of the Town of Clyde: 8637‑40‑9154.

SECTION 1.(b)  This section has no effect upon the validity of any liens of the Town of Clyde for ad valorem taxes or special assessments outstanding before the effective date of this section. Such liens may be collected or foreclosed upon after the effective date of this section as though the property were still within the corporate limits of the Town of Clyde.

SECTION 1.(c)  This section becomes effective June 30, 2022. Property in the territory described in subsection (a) of this section as of January 1, 2022, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2022.

SECTION 2.(a)  The following described property, identified by Cabarrus County Tax Property Identification Number, is removed from the corporate limits of the City of Locust and added to the corporate limits of the Town of Midland: 5564184180, 5564187200, 5564188298, 5564189108, 5564188097, 5564178936, 5564270889, 5564272916, 5564281181, 5564281254, 5564281551, 5564280532, 5564189533, 5564188535, 5564187534.

SECTION 2.(b)  This section has no effect upon the validity of any liens of the City of Locust for ad valorem taxes or special assessments outstanding before the effective date of this section. Such liens may be collected or foreclosed upon after the effective date of this section as though the property were still within the corporate limits of the City of Locust.

SECTION 2.(c)  This section becomes effective June 30, 2022. Property in the territory described in subsection (a) of this section as of January 1, 2022, is no longer subject to municipal taxes by the City of Locust for taxes imposed for taxable years beginning on or after July 1, 2022. Property in the territory described by subsection (a) of this section as of January 1, 2022, is subject to municipal taxes by the Town of Midland for taxes imposed for taxable years beginning on or after July 1, 2022.

SECTION 3.(a)  The following described property is removed from the corporate limits of the Town of Landis and added to the corporate limits of the City of Kannapolis:

Area 1

Beginning at a point on the western line of Lot 26 of Plat Book 9995 Page 6317 of the Rowan County public registry at the existing shared line of the Town of Landis and the City of Kannapolis, said point being S 29° 22' 04 W a distance of 27.16 feet from a point at the southern right of way of Tamary way, thence with the existing shared line of the Town of Landis and the City of Kannapolis and within the Atlantic American Property Inc. property as recorded in Deed Book 1228 Page 578 of the Rowan County public registry twenty (20) courses; 1.) N 70° 29' 12 W for a distance of 48.18 feet to a point, 2.) S 19° 57' 57 W for a distance of 53.02 feet to a point, 3.) S 22° 15' 14 W for a distance of 47.28 feet to a point, 4.) N 69° 42' 25 W for a distance of 218.11 feet to a point, 5.) N 45° 12' 39 E for a distance of 396.20 feet to a point, 6.) N 45° 09' 56 E for a distance of 142.75 feet to a point, 7.) N 45° 14' 29 E for a distance of 199.27 feet to a  point, 8.) N 45° 15' 11 E for a distance of 200.11 feet to a point, 9.) N 45° 10' 23 E for a distance of 102.40 feet to a point, 10.) N 25° 52' 19 E for a distance of 482.97 feet to a point, 11.) N 26° 09' 49 E for a distance of 506.59 feet to a point, 12.) S 80° 17' 04 W for a distance of 1055.51 feet to a point, 13.) N 11° 24' 57 W for a distance of 586.33 feet to a point, 14.) N 11° 24' 59 W for a distance of 264.81 feet to a point, 15.) N 80° 40' 37 E for a distance of 128.92 feet to a point, 16.) N 81° 50' 04 E for a distance of 73.93 feet to a point, 17.) N 81° 49' 29 E for a distance of 44.90 feet to a point, 18.) N 81° 49' 45 E for a distance of 259.09 feet to a point, 19.) N 81° 50' 52 E for a distance of 22.77 feet to a point, 20.) N 05° 05' 02 E for a distance of 235.87 feet to a point, thence continuing within said Atlantic American Property Inc. property and with a new shared line of the Town of Landis and the City of Kannapolis fifteen (15) courses; 1.) S 35° 51' 24 E for a distance of 84.32 feet to a point, 2.) S 49° 12' 26 E for a distance of 105.65 feet to a point, 3.) N 79° 56' 35 E for a distance of 285.53 feet to a point, 4.) N 75° 05' 53 E for a distance of 410.17 feet to a point, 5.) N 56° 56' 58 E for a distance of 368.62 feet to a point, 6.) N 64° 31' 51 E for a distance of 256.60 feet to a point, 7.) N 63° 03' 07 E for a distance of 269.75 feet to a point, 8.) N 64° 54' 25 E for a distance of 154.17 feet to a point, 9.) S 88° 16' 27 E for a distance of 112.23 feet to a point, 10.) S 27° 00' 24 E for a distance of 186.03 feet to a point, 11.) S 13° 06' 21 E for a distance of 79.30 feet to a point, 12.) S 16° 59' 08 W for a distance of 168.41 feet to a point, 13.) S 02° 46' 00 W for a distance of 79.59 feet to a point, 14.) S 47° 59' 47 W for a distance of 973.19 feet to a point, 15.) S 14° 31' 30 E for a distance of 133.75 feet to a point on the northern corner of lot 53 as recorded in Plat Book 9995 Page 6317 of the Rowan County Public Registry, thence with said lot and lots 52, 51, 50, 49 and 48 of Plat Book 9995 Page 6469, Lots 44, 43, 42, 35, 34, 33, 32, 31, 30, 29, 28 and 27 of Plat Book 9995 Page 631, both of the Rowan County Public Registry fourteen (14) courses; 1.) S 56° 06' 48 W for a distance of 197.99 feet to a point, 2.) S 16° 03' 37 W for a distance of 304.71 feet to a point, 3.) S 27° 38' 10 W for a distance of 341.40 feet to a point, 4.) S 24° 44' 31 W for a distance of 112.97 feet to a point, 5.) S 46° 39' 12 E for a distance of 125.77 feet to a point, 6.) N 87° 57' 03 E for a distance of 145.48 feet to a point, 7.) S 06° 27' 33 E for a distance of 158.82 feet to a point, 8.) S 50° 01' 03 W for a distance of 131.14 feet to a point, 9.) S 63° 38' 02 W for a distance of 187.80 feet to a point, 10.) S 84° 29' 58 W for a distance of 144.75 feet to a point, 11.) S 59° 02' 25 W for a distance of 349.94 feet to a point, 12.) S 64° 32' 44 W for a distance of 504.73 feet to a point, 13.) S 23° 04' 35 W for a distance of 145.58 feet to a point, 14.) S 26° 07' 46 W for a distance of 39.93 feet to a point within the right of way of Tamary Road, thence S 59° 52' 05 E for a distance of 39.23 feet to a point at the northwestern corner of the aforementioned Lot 26 of Plat Book 9995 Page 6317, thence with said lot S 29° 22' 04 W a distance of 27.16 feet to the POINT OF BEGINNING, containing 62.367 acres of land, more or less.

Area 2

Commencing at a point in the right of way of West A Street at the southeastern corner of the Kannapolis – West A Street Church of God property as recorded in Deed Book 1117 Page 424 of the Rowan County public registry, thence along West A Street S 23° 49' 39 W for a distance of 67.19 feet to a point at the intersection with the northern right of way of Corriher Street, thence along the northern right of way of Corriher Street, N 72° 12' 31 W for a distance of 1136.23 feet to the southeastern corner of the Atlantic American Property Inc. property as recorded in Deed Book 1228 Page 578 of the Rowan County public registry, thence with said property N 33° 57' 38 E for a distance of 152.31 feet to the Point of Beginning, said point on the existing shared Town of Landis – City of Kannapolis line, thence with said shared line and within the Atlantic American Property Inc property N 72° 34' 21 W a distance of 512.31 feet to a point on the eastern line of Lot 21 as recorded in Plat Book 9995 Page 6317 of the Rowan County public registry, thence with the common line of the Atlantic American Property Inc and said lot lot and also being a new shared Town of Landis – City of Kannapolis line N 35° 58' 37 E for a distance of 102.27 feet to a point, thence continuing with the common line of the Atlantic American Property Inc and lots 21, 19, 18 and 17 of Plat Book 9995 Page 6317 S 70° 16' 11 E for a distance of 502.97 feet to a point on the western line of the Norman R Brenenstuhl and wife Mary D Brenenstuhl property as recorded in Deed Book 1229 Page 223 of the Rowan County public registry, thence with said property S 33° 57' 38 W for a distance of 80.06 feet to the POINT OF BEGINNING, containing 1.018 acres of land, more or less.

SECTION 3.(b)  This section has no effect upon the validity of any liens of the Town of Landis for ad valorem taxes or special assessments outstanding before the effective date of this section. Such liens may be collected or foreclosed upon after the effective date of this section as though the property were still within the corporate limits of the Town of Landis.

SECTION 3.(c)  This section becomes effective June 30, 2022. Property in the territory described in subsection (a) of this section as of January 1, 2022, is no longer subject to municipal taxes by the Town of Landis for taxes imposed for taxable years beginning on or after July 1, 2022. Property in the territory described by subsection (a) of this section as of January 1, 2022, is subject to municipal taxes by the City of Kannapolis for taxes imposed for taxable years beginning on or after July 1, 2022.

SECTION 4.(a)  The following described property is removed from the corporate limits of the City of Kannapolis and added to the corporate limits of the Town of Landis:

Area 1

Beginning at a point in the center of Cannon Farm Road at the existing shared line of the Town of Landis and the City of Kannapolis on the eastern line of the Kannapolis and the western line of the Jimmy R Baker Jr. and Donna E Baker property as recorded in Deed Book 793 Page 978 of the Rowan County public registry, thence with the existing shared Town of Landis – City of Kannapolis line and the Baker property four (4) courses; 1.) S 03° 25' 01 W passing through a found concrete monument at 38.34 feet for a total distance of 466.27 feet to a found iron rod, 2.) S 88° 21' 51 E for a distance of 26.87 feet to a found iron rod, 3.) S 00° 10' 05 E for a distance of 41.26 feet to a found iron rod, 4.) S 84° 56' 22 E for a distance of 113.89 feet to a point on the western line of the Thomas Franklin Black and wife Barbara A Black property as recorded in Deed Book 634 Page 392 of the Rowan County public registry, thence with the existing shared Town of Landis – City of Kannapolis line and the Black property two (2) courses; 1.) S 05° 00' 57 W for a distance of 90.00 feet to a found iron rod, 2.) N 82° 58' 25 E for a distance of 131.08 feet to a found iron rod at the southwestern corner of the Jeffrey Ray Ritchie and Jennifer Lynn Ritchie property as recorded in Deed Book 132 Page 890 of the Rowan County public registry, thence with said property N 69° 40' 26 E for a distance of 610.49 feet to a found monument at the southwestern corner of the Krishnal Properties LLC property as recorded in the Rowan County public registry, thence with said property N 70° 03' 38 E for a distance of 230.71 feet to a found iron pipe at the southwestern corner of the Ryan Leben and Tina S. Leben property as recorded in Deed Book 984 Page 265 of the Rowan County public registry, thence with said property two (2) courses; 1.) N 69° 10' 57 E for a distance of 68.58 feet to a point, 2.) S 73° 48' 24 E for a distance of 122.43 feet to a found iron rod at the southwestern corner of the Barbara Isenhour property as recorded in Deed Book 674 Page 330 of the Rowan County public registry, thence with said property and the Pete H Altman, III and Sarah P Altman property as recorded in Deed Book 1249 Page 462 of the Rowan County public registry S 73° 37' 08 E for a distance of 368.10 feet to a point, thence continuing with the existing shared Town of Landis – City of Kannapolis line and within the Atlantic American Properties, Inc. property as recorded in Deed Book 1228 Page 578 of the Rowan County public registry two (2) courses; 1.) S 00° 59' 36 W for a distance of 108.13 feet to a point, 2.) S 06° 41' 12 W for a distance of 178.97 feet to a point, thence continuing within the Atlantic American Property Inc property and with a new shared Town of Landis – City of Kannapolis line seventeen (17) courses; 1.) N 47° 57' 49 W for a distance of 136.14 feet to a point, 2.) S 89° 41' 25 W for a distance of 137.26 feet to a point, 3.) S 69° 49' 23 W for a distance of 91.95 feet to a point, 4.) S 43° 40' 45 W for a distance of 179.31 feet to a point, 5.) S 61° 38' 04 W for a distance of 496.12 feet to a point, 6.) S 38° 11' 28 W for a distance of 124.91 feet to a point, 7.) S 76° 24' 54 W for a distance of 577.30 feet to a point, 8.) N 87° 02' 30 W for a distance of 248.88 feet to a point, 9.) S 67° 15' 53 W for a distance of 186.91 feet to a point, 10.) N 71° 53' 11 W for a distance of 455.87 feet to a point, 11.) N 14° 27' 47 E for a distance of 79.75 feet to a point, 12.) with a curve turning to the right having a radius of 690.89 feet, an arc length of 339.81 feet and whose long chord bears N 27° 06' 10 E for a distance of 336.39 feet to a point, 13.) N 43° 00' 37 E for a distance of 123.35 feet to a point, 14.) with a curve turning to the left having a radius of 198.94 feet, an arc length of 174.80 feet and whose long chord bears N 24° 33' 03 E for a distance of 169.23 feet to a point, 15.) N 03° 10' 41 E for a distance of 86.72 feet to a point, 16.) with a curve turning to the left having a radius of 293.01 feet, an arc length of 105.72 feet and whose long chord bears N 08° 22' 52 W for a distance of 105.15 feet to a point, 17.) N 20° 04' 44 W for a distance of 105.78 feet to a point in the center of Cannon Farm Road, thence continuing with the new shared line of the Town of Landis and the City of Kannapolis and the center of said road four (4) courses; 1.) N 59° 36' 16 E for a distance of 122.33 feet to a point, 2.) with a curve turning to the right having a radius of 1295.84 feet, an arc length of 250.58 feet and whose long chord bears N 65° 08' 39 E for a distance of 250.19 feet to a point, 3.) N 70° 41' 02 E for a distance of 228.75 feet to a point, 4.) N 69° 45' 57 E for a distance of 12.93 feet to the POINT OF BEGINNING, containing 34.542 acres of land, more or less.

Area 2

Beginning at a point on the western line of Lot 26 of Plat Book 9995 Page 6317 of the Rowan County public registry at the existing shared line of the Town of Landis and the City of Kannapolis, said point being S 29° 22' 04 W a distance of 27.16 feet from a point at the southern right of way of Tamary way, thence with the existing shared line of the Town of Landis and the City of Kannapolis and within said lot 26 and also lots 25, 24, 23, 22 and 21 of said Plat Book 9995 Page 6317 three (3) courses; 1.) S 70° 29' 12 E for a distance of 386.98 feet to a point, 2.) S 16° 09' 43 W for a distance of 36.71 feet to a point, 3.) S 72° 35' 24 E for a distance of 410.47 feet to a point on the rear line of lot 21 and the line of the Atlantic American Prop Inc. property as recorded in Deed Book 1228 Page 578 of the Rowan County public registry, thence with said property and a new shared line of the Town of Landis and the City of Kannapolis S 35° 58' 37 W for a distance of 151.28 feet to a point on the northern right of way of Corriher Street, thence continuing with the new shared line of the Town of Landis and the City of Kannapolis and with said right of way two (2) courses; 1.) N 72° 06' 02 W for a distance of 364.64 feet to a point, 2.) S 17° 40' 23 W for a distance of 12.33 feet to a point on the northern line of the, Marvin D. Ridings and Elizabeth L Ridings property as recorded in Deed Book 1064 Page 673 of the Rowan County public registry, thence continuing with the new shared line of the Town of Landis and the City of Kannapolis and said property N 72° 33' 20 W for a distance of 185.08 feet to a point on the line of the aforementioned Atlantic American Prop LLC property, thence continuing with the new shared line of the Town of Landis and the City of Kannapolis and said property eight (8) courses; 1.) N 17° 45' 48 E for a distance of 33.67 feet to a point, 2.) N 72° 14' 12 W for a distance of 193.55 feet to a point, 3.) N 20° 16' 45 W for a distance of 46.93 feet to a point, 4.) N 27° 19' 12 E for a distance of 31.53 feet to a point, 5.) N 69° 31' 17 W for a distance of 38.02 feet to a point, 6.) N 22° 15' 14 E for a distance of 47.28 feet to a point, 7.) N 19° 57' 57 E for a distance of 53.02 feet to a point, 8.) S 70° 29' 12 E a distance of 48.18 feet to the POINT OF BEGINNING, containing 2.985 acres, more or less.

Area 3

Beginning at a point in the right of way of West A Street at the existing shared line of the Town of Landis and the City of Kannapolis on the eastern line of the Kannapolis – West A Street Church of God property as recorded in Deed Book 1117 Page 424 of the Rowan County public registry, thence with the proposed shared Town of Landis – City of Kannapolis line with West A Street S 23° 49' 39 W for a distance of 67.19 feet to a point at the intersection with the northern right of way of Corriher Street, thence along the northern right of way of Corriher Street, N 72° 12' 31 W for a distance of 1136.23 feet to a point at the southwestern corner of the Norman R Brenenstuhl and wife Mary D Brenenstuhl property as recorded in Deed Book 1229 Page 223 of the Rowan County public registry, thence with said property N 33° 57' 38 E for a distance of 152.31 feet to a point on the existing shared line of the Town of Landis and the City of Kannapolis, thence with said shared line and within the Brenenstuhl property S 72° 10' 52 E for a distance of 150.51 feet to a point on the line of the aforementioned Kannapolis – West A Street Church of God property, thence within said property two (2) courses; 1.) S 72° 10' 20 E for a distance of 932.53 feet to a point, 2.) S 68° 56' 04 E for a distance of 26.05 feet to a point in the right of way of West A Street, thence with said right of way S 23° 49' 39 W for a distance of 77.74 feet to the POINT OF BEGINNING, containing 3.762 acres of land, more or less.

SECTION 4.(b)  This section has no effect upon the validity of any liens of the City of Kannapolis for ad valorem taxes or special assessments outstanding before the effective date of this section. Such liens may be collected or foreclosed upon after the effective date of this section as though the property were still within the corporate limits of the City of Kannapolis.

SECTION 4.(c)  This section becomes effective June 30, 2022. Property in the territory described in subsection (a) of this section as of January 1, 2022, is no longer subject to municipal taxes by the City of Kannapolis for taxes imposed for taxable years beginning on or after July 1, 2022. Property in the territory described by subsection (a) of this section as of January 1, 2022, is subject to municipal taxes by the Town of Landis for taxes imposed for taxable years beginning on or after July 1, 2022.

SECTION 5.(a)  The following described property is removed from the corporate limits of the Town of Andrews:

A certain tract or parcel of land lying and being in Valleytown Township, Cherokee County, North Carolina containing 0.86 acres, more or less, including an encroaching area, according to a plat of survey by Kenneth R. Moore, North Carolina Professional Land Surveyor L‑2739 entitled James and Shirley Creasman dated January 5, 2005 and from said plat of survey is more particularly described as follows:

BEGINNING at an iron pin found at the Northwest corner of the property herein conveyed, corner common to Baker in Book 704 at Page 100, said point bearing Grid coordinates N‑560913.085 and E‑565426.217, said point being located at or near the South side of the right of way easement corridor for Business 19, an existing paved roadway the centerline of which is also the centerline of a 60‑foot right of way easement corridor. From said point of beginning, along with the aforementioned right of way easement corridor North 88‑45‑20 East a distance of 112.67 feet to a 1­inch iron pin found below ground surface at the Northeast corner of the property herein conveyed, comet common to Queen in Book 796 at Page 5, said point being located South 16‑32‑39 East a distance of 18.96 feet from a 5/8 inch rebar found South 89‑19‑46 West a distance of 209.89 feet from a 1/2 inch rebar found; thence leaving the aforementioned right of way corridor and along a line common to Queen South 05‑37‑40 East a distance of 305.13 feet to an iron pin found at the Southeast corner of the property herein conveyed, corner common to Queen and now or formerly Clark in Book 282 at page 71; thence leaving the line common to Queen and along a line common to now or formerly Clark North 88‑44‑59 West a distance of 134.23 feet to an iron pin found at the Southwest corner of the property herein conveyed, corner common to now or formerly Clark and Baker; thence leaving the line common to Clark and along an existing chain link fence on a line common to Baker North 02‑15‑36 West a distance of 298.44 feet to the point and place of BEGINNING containing 0.86 acres, more or less, including a 0.01 acre encroachment area, according to the aforementioned survey plat. Should there be any discrepancy between the above metes and bounds description and the aforementioned survey plat, the survey plat shall prevail.

SECTION 5.(b)  This section has no effect upon the validity of any liens of the Town of Andrews for ad valorem taxes or special assessments outstanding before the effective date of this section. Such liens may be collected or foreclosed upon after the effective date of this section as though the property were still within the corporate limits of the Town of Andrews.

SECTION 5.(c)  This section becomes effective June 30, 2022. Property in the territory described in subsection (a) of this section as of January 1, 2022, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2022.

SECTION 6.  Except as otherwise provided, this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 1st day of July, 2022.

 

 

                                                                    s/  Phil Berger

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives