NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 175

SENATE BILL 133

 

 

AN ACT TO AUTHORIZE THE CITY OF ALBEMARLE TO EXCHANGE CERTAIN REAL ESTATE.

 

WHEREAS, the City of Albemarle acquired and holds for development as a public playground by its recreation department the tract of land lying in the City of Albemarle and more specifically described as follows: BEGINNING at an iron pin on the East side of Carolina Avenue in the North line of the Duke Power Company switching station site, and runs thence with said company's North line North 89 degrees 00 minutes West 31 feet to the center line of Carolina Avenue; thence with the center line of said avenue as follows: North 17 degrees 43 minutes West 50 feet; North 24 degrees 25 minutes West 49 feet; North 27 degrees 28 minutes West 50 feet; North *31 degrees 41 minutes West 200 feet; North 25 degrees 12 minutes West 50 feet; North 19 degrees 44 minutes West 80.8 feet to a point in the center line of said avenue; thence South 85 degrees 18 minutes East, by and passing a concrete marker 41.7 feet from the center line of Carolina Avenue, 491.7 feet to an iron pin and concrete marker; thence South 42 degrees 55 minutes East 276 feet to a concrete marker; thence South 83 degrees 09 minutes East 189 feet to a concrete marker; thence South 83 degrees 09 minutes East 58 feet to the center line of Little Long Creek; thence with the center line of Little Long Creek southwardly 169 feet, more or less, to the North line of Duke Power Company's aforesaid lot; thence with the North line of Duke Power Company's lot North 89 degrees 00 minutes West 685.3 feet to an iron pin, the point of beginning, containing 5.88 acres, more or less; which tract of land is hereinafter referred to as Tract One; and

WHEREAS, Duke Power Company owns a switching station site adjoining Tract One and needs to acquire a substantial part of Tract One in order to enlarge its switching station facilities and has requested the City of Albemarle to convey to it said tract; and

WHEREAS, the City of Albemarle has agreed to convey said Tract One to Duke Power Company, provided that in return therefor a tract of land lying and being in the City of Albemarle, owned by American & Efird Mills, Inc., is conveyed to the City of Albemarle, which tract is more specifically described as follows: BEGINNING at a concrete marker located South 89 degrees 00 minutes East 40 feet from the center line of Carolina Avenue, and also being South 10 degrees 13 minutes East 102 feet from a concrete marker in the South property line of the Wiscassett Mills Company drive leading eastwardly from Carolina Avenue to its plant site immediately East of Little Long Creek (said drive lying between Duke Power Company's switching station site on the North and the property of American & Efird Mills, Inc. on the South), and runs thence from said beginning corner, South 89 degrees 00 minutes East 553.7 feet to a concrete marker; thence from said concrete marker South 89 degrees 00 minutes East 32 feet to the center line of Little Long Creek; thence with the center line of Little Long Creek southwardly 585 feet, more or less, to the center of a bridge, a part of a private road leading from Carolina Avenue to American & Efird Mills, Inc. plant; thence with the center line of said private road South 83 degrees 59 minutes West 548.8 feet to the center of the intersection of said private road with Carolina Avenue; thence with the center line of Carolina Avenue North 10 degrees 13 minutes West 658.1 feet to a point in the center line of Carolina Avenue; thence South 89 degrees 00 minutes East 40 feet to a concrete marker, the point of beginning, containing 8.29 acres, more or less; and is hereinafter referred to as Tract Two; and

WHEREAS, American & Efird Mills, Inc. has agreed to convey Tract Two to the City of Albemarle, and Duke Power Company has agreed to pay American & Efird Mills, Inc. the purchase price for said conveyance; and

WHEREAS, the said Tract Two is a larger tract than Tract One; is more adaptable for use as a public playground; has a market value in excess of the market value of Tract One; and is located in the same vicinity as Tract One: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. The mayor and governing authorities of the City of Albemarle hereby are authorized and empowered to execute and deliver to Duke Power Company a deed conveying Tract One to Duke Power Company and to accept from American & Efird Mills, Inc. a good and sufficient deed to Tract Two, both as hereinabove described.

Sec. 2. All laws and clauses of laws in conflict with this Act hereby are repealed.

In the General Assembly read three times and ratified, this the 11th day of April, 1967.