Res. 2001-18

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 the removal of properties from that Preserve by law adopted by three‑fifths of the members of each house of the General Assembly; and

Whereas, the General Assembly enacted the State Nature and Historic Preserve Dedication Act, Chapter 443, 1973 Session Laws, to prescribe the conditions and procedures under which properties may be specifically dedicated for the purposes enumerated by Article XIV, Section 5 of the North Carolina Constitution; and

Whereas, in accordance with G.S. 143‑260.8, the Council of State has petitioned the General Assembly to adopt a resolution pursuant to Article XIV, Section 5 of the North Carolina Constitution accepting properties added to the State Parks System since the last dedication of lands on June 30, 1999, and designated in the petition for inclusion in the State Nature and Historic Preserve; Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

SECTION 1. The General Assembly dedicates and accepts all the following lands and waters to constitute components of the State Nature and Historic Preserve:

(1) All lands and waters within the boundaries of the following units of the State Parks System as of April 3, 2001: Boone's Cave State Natural Area, Bullhead Mountain State Natural Area, Eno River State Park, Gorges State Park, Hammocks Beach State Park, Lake Norman State Park, Lumber River State Park, Medoc Mountain State Park, Mount Jefferson State Natural Area, Mount Mitchell State Park, Pettigrew State Park, Raven Rock State Park, and Weymouth Woods‑Sandhills Nature Preserve.

(2) All lands and waters within the boundaries of William B. Umstead State Park as of April 3, 2001, 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 filed in the State Property Office, which was removed from the State Nature and Historic Preserve by Chapter 450, Section 1 of the 1985 Session Laws.

(3) All land within the boundaries of Crowders Mountain State Park as of April 3, 2001, with the exception of the following tract: The portion of that certain tract or parcel of land at Crowders Mountain State Park in Gaston County, 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 July 22, 1988, and filed in the State Property Office.

(4) All lands owned in fee simple by the State within the boundaries of New River State Park as of April 3, 2001.

(5) All lands and waters within the boundaries of Stone Mountain State Park as of April 3, 2001, with the exception of the following tracts: 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 Road, as shown on the National Park Service Land Status Map 33 dated March 24, 1981, and filed in the State Property Office, containing approximately 72 acres; and the portion of that certain tract or parcel of land at Stone Mountain State Park in Alleghany County, Cherry Lane Township, described in Deed Book 219, Page 543, and more particularly described as all of the land in this parcel lying north of the new division line on the survey by Andrews and Hobson Surveyors dated August 15, 2000, and entitled "Property Exchange Agreement for State of North Carolina & the United States of America" and filed in the State Property Office.

(6) All lands and waters located within the boundaries of Hanging Rock State Park as of April 3, 2001, with the exception of the following tract: The portion of that tract or property at Hanging Rock State Park in Stokes County, Danbury Township, described in Deed Book 360, Page 160, for 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 to the southwest corner of the Bobby Joe Lankford tract and more particularly shown on a survey entitled "J. Spot Taylor Heirs Survey, Danbury Township, Stokes County, N.C." by Grinski Surveying Company, dated June 1985 and filed in the State Property Office.

(7) All lands and waters located within the boundaries of South Mountains State Park as of April 3, 2001, with the exception of the following tracts: The portion of that tract or property at South Mountains State Park in Burke County, Lower Creek Township, described in Deed Book 862, Page 1471, required for the right‑of‑way and easements for the relocation of SR 1904 within the park and lying generally between the Rutherford Electric Membership Corporation right‑of‑way and the southern property boundary of the park, as described in the drawing entitled "Survey for State of North Carolina", dated January 28, 1999, prepared by Suttles Surveying, P.A., bearing the preparer's file name 12455.dwg and filed in the State Property Office; and the portions of land at South Mountains State Park that lie south of the centerline of the CCC road as shown on the drawing entitled "Land Trade between South Mountains State Park and Adjacent Game Lands along CCC Road" prepared by the Division of Parks and Recreation, dated March 15, 1999, and filed in the State Property Office and that lie within: (i) the tract or property in Burke County, Lower Fork Township, described in Deed Book 495, Page 501; (ii) the tract or property in Burke County, Lower Fork and Upper Fork Townships, described in Deed Book 715, Page 719; or, (iii) within the tracts or property in Burke County, Upper Fork Township, described in Deed Book 860, Page 341, and Deed Book 884, Page 1640.

(8) All lands and waters within the boundaries of Bushy Lake State Natural Area as of April 3, 2001, with the exception of the following tract: The portion of that certain tract or parcel of land at Bushy Lake State Natural Area in Cumberland County, Beaver Dam Township, described in Deed Book 3588, Page 583, and shown as the 0.58 acre parcel within tract 2 on the Recombination Survey for State of North Carolina by Lewis G. Paschal, Professional Land Surveyor, dated April 1989 and December 2000 and filed in the State Property Office.

(9) All lands and waters within the boundaries of Jockey’s Ridge State Park as of April 3, 2001, with the exception of the following tracts: The portion of those certain tracts or parcels of land at Jockey’s Ridge State Park in Dare County, Nags Head Township, described in Deed Book 227, Page 499, and Deed Book 227, Page 501, and containing 33,901 square feet as shown on the survey prepared by Styons Surveying Services entitled "Raw Water Well Site 13 Jockey’s Ridge State Park" dated March 7, 2001, and filed in the State Property Office; the portion of that certain tract or parcel of land at Jockey's Ridge State Park in Dare County, Nags Head Township, described in Deed Book 222, Page 726, and containing 42,909 square feet as shown on the survey prepared by Styons Surveying Services entitled "Raw Water Well Site 14 Jockey’s Ridge State Park" dated March 7, 2001, and filed in the State Property Office; and the portion of that certain tract or parcel of land at Jockey’s Ridge State Park in Dare County, Nags Head Township, described in Deed Book 224, Page 790, and Deed Book 224, Page 794, and containing 34,471 square feet as shown on the survey prepared by Styons Surveying Services entitled "Raw Water Well Site 15 Jockey’s Ridge State Park" dated March 7, 2001, and filed in the State Property Office.

SECTION 2. In accordance with G.S. 143‑260.8(e), the Secretary of State is directed to forward a certified copy of this resolution to the register of deeds of the counties in which the dedicated properties named in Section 1 of this act are located.

SECTION 3. This resolution is effective upon ratification.

In the General Assembly read three times and ratified this the 7^th day of June, 2001.

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Beverly E. Perdue

President of the Senate

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Joe Hackney

Speaker Pro Tempore of the House of Representatives