GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-38
AN ACT to remove certain described property from the corporate limits of the town of fuquay-varina.
The General Assembly of North Carolina enacts:
SECTION 1. The following described property is removed from the corporate limits of the Town of Fuquay-Varina:
Being 4 tracts of land located in Middle Creek Township, Wake County, North Carolina. The property being east of the intersection of S.R. 2751 (Hilltop Rd.) and S.R. 2752 (Airpark Rd.) and being more particularly described as follows:
TRACT 1
BEGINNING at an existing axle, said axle lying on the eastern right-of-way of a 100' Norfolk-Southern Railroad easement and being in the southern line of the property now or formerly owned by Wayne L. Baker; Thence from said axle along the southern line of Wayne L. Baker south 87º50' 21" east 1253.80 feet to an existing iron pipe, said pipe being the south east corner of the Wayne L. Baker property; thence from said iron along the eastern line of Wayne L. Baker north 16º35' 41" east 49.09 feet to an existing iron pipe; thence from said pipe south 73º21' 30" east 240.02 feet along the southern line of lot 20, Dunallie Downs, phase II recorded at Book of Maps 1991, page 1280 to an existing iron pipe on the western right-of-way of Dunallie Drive; Thence from said pipe along said right-of-way south 16º39' 17" west 7.30 feet to an existing iron pipe; Thence from said pipe along a curve to the right, said curve having a radius of 25.00 feet, an arc length of 21.03 feet, a delta angle of 48º11' 23", a chord bearing of south 40º44' 58" west and a chord of 20.41 feet to an existing iron pipe; Thence from said pipe along a curve to the left, said curve having a radius of 50.00 feet. An arc length of 119.15 feet, a delta angle of 136º32' 00", a chord bearing of south 03º25' 20" east and a chord of 92.89 feet to an existing iron pipe; Thence from said iron pipe leaving said right-of-way south 35º44' 43" west to an existing iron pipe on the edge of a well lot recorded at Book of Maps 1991, page 1280; Thence from said pipe along edge of said well lot along a curve to the left, said curve having a radius of 100 feet, an arc length of 362.53 feet, a delta angle of 207º42' 44", a chord bearing of south 30º30' 48" west and a chord of 194.18 feet to point; Thence from said point leaving said well lot south 12º26' 23" west 1.38 feet to an existing iron pipe; Thence from said pipe north 73º21' 07" west 203.03 feet to an existing iron pipe; Thence from said iron pipe south 16º38' 36" west 321.50 feet to a point; Thence from said point north 87º50' 21" west 1423.38 feet to a point in the center of the aforementioned 100' Norfolk-Southern easement; Thence from said point along the center of said easement north 26º30' 31" east 88.50 feet, north 26º28' 09" east 214.54 feet, north 26º17' 54" east 217.61 feet, north 26º05' 29" east 113.34 feet and north 24º56' 24" east 19.63 feet to an existing P.K. nail; Thence from said nail south 87º50' 21" east 56.26 feet to the point and place of beginning and containing a total of 20.05 acres and being the property standing in the name of Seth S. Fish and wife Jean S. Fish and being recorded in deed book 5392, page 872 at the Wake County Register of Deeds.
TRACT 2
Beginning at an existing iron pipe, said pipe lying on the southern right-of-way of S.R. 2752 A(Airpark Rd.) and lying on the eastern line of Dunallie Downs Subdivision recorded at book of maps 1986, Page 1218 at the Wake County Register of Deeds; thence from said pipe along the eastern line of aforementioned subdivision south 16º39' 5" West 1662.73 feet to an existing iron pipe; thence from said pipe north 73º21' 07" West 529.93 feet to an existing iron pipe; thence from said pipe south 16º38' 36" west 321.50 feet to a point; thence from point north 87º50' 21" West 1423.38 Feet to a point in the center of a 100' Norfolk-Southern Railroad Easement; thence from said point along center of said easement south 26º30' 31" West 179.42 Feet and south 26º29' 47" west 153.95 feet; thence leaving said easement north 88º15' 16" west 612.52 feet to an existing iron pipe; thence from said pipe 88º13' 07" west 274.24 feet to an existing iron pipe on the eastern right-of-way of S.R. 2751 (Hilltop Rd.); thence from said iron north 88º13' 07" west 32.85 feet to a point in the centerline of said road; thence along the centerline of said road south 26º19' 29" West 15.10 feet, south 24º59' 22" West 49.89 feet, south 22º51' 51" west 49.96 feet, south 20º06' 58" West 49.92 feet, south 17º22' 54" west 49.96 feet. South 15º12' 40" west 49.99 feet, south 13º21' 27" west 49.91 feet, south 12º12' 35" west 49.96 feet, south 11º14' 34" west 49.96 feet, south 10º13' 41" west 49.97 feet, south 09º43' 41" west 49.94 feet, south 09º10' 26" west 49.98 feet, south 09º35' 55" west 52.30 feet, south 08º12' 34" West 47.70 feet, south 08º47' 46" west 49.97 feet, south 07º26' 54" west 50.01 feet, south 05º08' 07" west 50.01 feet, south 03º23' 19" west 49.96 feet, south 01º27' 34" west 50.03 feet, south 00º07' 55" west 49.93 feet to a P.K. nail set on a bridge at the intersection of S.R. 2751 and Terrible Creek, thence along said creek the following courses and distances:
North 67º13' 32" East 138.50 Feet
North 72º36' 15" East 68.66 Feet
North 34º08' 20" East 59.51 Feet
North 68º56' 27" East 56.33 Feet
South 70º52' 00" East 40.54 Feet
North 63º24' 42" East 31.18 Feet
North 38º34' 04" East 58.58 Feet
North 24º51' 00" East 36.78 Feet
North 74º47' 54" East 66.78 Feet
South 82º10' 03" East 158.19 Feet
South 78º45' 23" East 60.41 Feet
South 59º38' 40" East 72.48 Feet
South 44º56' 33" East 74.33 Feet
North 86º43' 13" East 59.06 Feet
South 87º18' 21" East 61.21 Feet
South 60º26' 09" East 222.81 Feet
North 73º31' 33" East 114.78 Feet
North 51º33' 24" East 107.96 Feet
South 58º04' 38" East 55.55 Feet
North 51º18' 12" East 187.19 Feet
North 73º11' 15" East 140.67 Feet
South 72º52' 12" East 79.53 Feet
North 88º05' 15" East 126.07 Feet
South 77º50' 13" East 150.65 Feet
North 54º28' 57" East 49.07 Feet
North 88º23' 52" East 163.93 Feet
South 61º53' 52" East 156.10 Feet
North 56º32' 30" East 84.19 Feet
South 53º49' 17" East 141.26 Feet
North 28º00' 32" East 64.91 Feet
South 76º04' 06" East 183.80 Feet
South 27º25' 28" East 87.43 Feet
North 62º29' 38" East 150.76 Feet
South 43º55' 12" East 50.72 Feet
North 67º13' 12" East 130.21 Feet
South 39º09' 11" East 164.16 Feet
North 73º40' 19" East 51.53 Feet
South 46º52' 08" East 110.83 Feet
South 08º56' 16" West 81.99 Feet
South 34º40' 54" East 81.11 Feet
South 58º57' 37" East 188.37 Feet
South 53º40' 01" East 219.77 Feet
South 88º27' 10" East 207.84 Feet
North 28º45' 43" East 59.57 Feet
North 81º17' 36" East 80.84 Feet
To an existing iron pipe on the north bank of Terrible Creek, thence from said iron pipe north 03º46' 00" East 3244.02 feet to an existing iron pipe near the southern right-of-way of S.R. 2752 (Airpark Rd.); thence from said iron pipe north 03º15' 46" east 38.18 feet to an existing cotton spike in the center of S.R. 2752; thence from said spike along the center of S.R. 2752 north 77º32' 13" west 53.23 feet; north 78º56' 59" west 39.29 feet; north 80º57' 14" west 50.06 feet north 83º54' 23" west 50.00 feet; north 86º30' 20" west 50.00 feet; north 88º28' 35" west 50.01 feet; north 89º23' 04" west 49.98 feet; south 89º58' 36" west 50.00 feet and south 89º40' 59" west 26.97 feet; thence leaving said centerline south 16º39' 05" west 31.55 feet to an existing iron on the southern right-of-way of S.R. 2752 and being the point and place of beginning containing 124.29 acres and being the property standing in the name of Seth S. Fish, J. W. Fish and wife Thelma R. Fish and being recorded at Deed Book 4600, Page 607 at the Wake County Register of Deeds.
TRACT 3
Beginning at an existing concrete monument, said monument being the southwest corner of Lot 71 Wind Haven South subdivision recorded at Book of Maps 1986, page 947 at the Wake County Register of Deeds; thence from said monument along the western line of said subdivision north 12º39' 21" west 749.54 feet to a point; thence from said point north 85º57' 04" west 1037.62 feet to a point; thence from said point south 03º46' 00" west 1996.02 feet to an existing iron pipe on the northern bank of Terrible Creek; thence from said iron pipe along said creek the following courses and distances:
South 66º45' 14" East 85.62 Feet
North 52º19' 10" East 61.80 Feet
South 14º57' 02" East 95.68 Feet
South 60º01' 32" East 58.00 Feet
South 54º48' 41" East 201.87 Feet
South 74º05' 48" East 112.31 Feet
South 42º43' 41" East 172.95 Feet
South 35º08' 50" East 205.84 Feet
South 15º53' 01" East 153.09 Feet
South 47º12' 06" East 181.25 Feet
South 78º02' 23" East 114.34 Feet
North 32º08' 28" East 62.03 Feet
South 75º16' 55" East 179.65 Feet
South 35º42' 52" East 126.94 Feet
North 81º48' 44" East 63.22 Feet
South 28º56' 41" East 60.38 Feet
South 63º03' 43" East 35.97 Feet
North 67º20' 23" East 276.77 Feet
North 64º30' 03" East 165.12 Feet
North 75º48' 02" East 126.52 Feet
North 61º53' 02" East 282.00 Feet
Thence leaving said creek north 79º06' 58" west 449.00 feet to an existing concrete monument; thence from said monument along the western line of aforementioned subdivision north 01º53' 02" east 1672.23 feet to an existing concrete monument; thence from said monument north 75º14' 57" west 391.42 feet to the point and place of beginning containing 89.35 acres and being the property standing in the name of Seth S. Fish and wife Jean S. Fish and recorded in Deed Book 1758, page 18 at the Wake County Register of Deeds.
TRACT 4
Beginning at an existing pipe, said pipe being in the southern line of lot 34 Wind Haven Subdivision recorded at book of maps 1986, page 974 at the Wake County Register of Deeds; thence from said iron pipe along the southern line of lots 30, 31, 32, 33, and 34 of said subdivision north 56º12' 04' West 930.43 feet to an existing iron pipe near the southern right-of-way of S.R. 2752 (Airpark Rd.) and being the southwest corner of lot 30 of said subdivision; thence from said iron pipe south 03º 46' 00" west 1248.00 feet to a point; thence from said point south 85º57' 04" east 1037.62 feet to a point in the western line of lot 74 Wind Haven South Subdivision recorded at book of maps 1986, page 947 at the Wake County Register of Deeds; thence from said point along the western line of said subdivision north 12º39' 21" west 820.93 feet to the point and place of beginning containing 20.90 acres and being the property standing in the name of Seth S. Fish and wife Jean S. Fish and recorded at deed book 1751, page 678 at the Wake County Register of Deeds.
SECTION 2. This act shall have no effect upon the validity of any liens of the Town of Fuquay-Varina for ad valorem taxes or special assessments outstanding before this act becomes law. The liens may be collected or foreclosed upon after the effective date of this act as though the property was still within the corporate limits of the Town of Fuquay-Varina.
SECTION 3. The Wake County zoning district classification of R-30 shall apply to the property described in Section 1 of this act until the classification is changed by the county in accordance with county ordinances and general law.
SECTION 4. This becomes effective June 30, 2001.
In the General Assembly read three times and ratified this the 26th day of April, 2001.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker Pro Tempore of the House of Representatives