GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                   D

HOUSE DRH11059-LBx-192A*  (03/01)

 

 

 

Short Title:        Asheville/Woodfin Boundary Adjustments.

(Local)

Sponsors:

Representative Fisher.

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT (1) to annex to the city of asheville certain described state-owned property, (2) to remove from the corporate limits of the town of woodfin and annex to the city of asheville other certain state-owned property, (3) to annex to the TOWN OF WOODFIN certain described state-owned property, and (4) to allow the city of asheville, with the approval of the property owner and the town of woodfin, to annex any part of the town of woodfin that is totally surrounded by the city of asheville.

The General Assembly of North Carolina enacts:

SECTION 1.  The corporate limits of the City of Asheville are extended to include the following described property:

Section 1

Beginning at the southernmost point the property described in Plat Book 26, page 57,  said point also being the southwesternmost corner of Lot 9 of said plat, and the same being a point in the corporate boundary of the Town of Woodfin running  thence with said Woodfin corporate boundary in a south-southeasterly direction approximately 750 feet, thence continuing with said Woodfin corporate boundary in a south-southwesterly direction approximately 350 feet; thence continuing with said boundary in a northeasterly direction to the point of its intersection with the existing corporate boundary of the City of Asheville; thence with said Asheville  corporate boundary in a north-northeasterly, and north-northwesterly direction to the point of beginning.

Section 2

Beginning at the intersection of the existing corporate limits of the City of Asheville with the northern margin of the right-of-way of Hyannis Drive and the southern boundary of Lot 111 of Plat Book 41, page 138, as shown on said plat; run thence with the southern boundary of said lot North 89 degrees 52 minutes West 100 feet more or less to the common corner of Lots 111 and 91 of said plat; thence with the eastern, northern, and western boundaries of the lot described in Deed Book 1925, page 699,  the following three calls: North 00 degrees 26 minutes 02 seconds East 144.11 feet, South 79 degrees 57 minutes 02 seconds West 97.48 feet, and South 3 degrees 32 minutes 56 seconds West 130.91 feet to the northern margin of the right-of-way of Hyannis Drive; thence crossing Hyannis Drive in a southeasterly direction to the northwestern corner of the parcel described in Deed Book 1839, page 253, thence with the western and southern boundaries of said parcel to their intersection with the existing corporate limits of the City of Asheville; thence with said corporate limits North 18 degrees 25 minutes East to the point of beginning.

Section 3

Tract One: Beginning at the intersection of the existing corporate limits of the City of Asheville with the southeast corner of the property described in Plat Book 37, page 89, the same being the parcel described in Deed Book 983, at page 247, running thence with the eastern boundary of said parcel North 9 degrees 51 minutes East 451.19 feet, thence with the northern boundary of said parcel, being also the southern margin of Lookout Road, the following 15 calls: South 72 degrees 33 minutes West 121.97 feet, South 78 degrees 25 minutes West 52.30 feet, South 87 degrees 15 minutes West 52.38 feet, North 86 degrees 19 minutes West 51.86 feet, North 80 degrees 44 minutes West 51.83 feet, North 74 degrees 24 minutes West 92.28 feet, North 65 degrees 36 minutes West 54.78 feet, North 44 degrees 25 minutes West 56.26 feet, North 26 degrees 36 minutes West 54.80 feet, North 14 degrees 15 minutes West 53.66 feet, North 5 degrees 30 minutes West 247.65 feet, North 24 degrees 24 minutes West 19.01 feet, North 46 degrees 27 minutes West 17.71 feet, North 67 degrees 27 minutes West 24.96 feet, and North 81 degrees 56 minutes West 98.07 feet; thence leaving the southern margin of Lookout Road but still following the boundary of said parcel, South 29 degrees 42 minutes West 45.39 feet, South 1 degree 52 minutes West 43.14 feet and  South 1 degree 8 minutes West 150.27 feet more or less to the northeast corner of the parcel described in Deed Book 2342, page 1; thence with the northern boundary of said parcel  South 88 degrees 30 minutes West 243.2 feet and continuing on said bearing to its intersection with the existing corporate boundary of the Town of Woodfin; thence with said corporate limits in a southwesterly direction to the intersection of said corporate limits with the eastern margin of the entrance ramp from Broadway Street to I-26 (US 19-23) West; thence with the eastern margin of said entrance ramp to its intersection with the existing corporate limits of the City of Asheville; thence with the existing corporate limits of the City of Asheville in a southeasterly, northeasterly, northwesterly, northeasterly, northwesterly, and northeasterly direction to the point of beginning.

Tract 2: Being all of that property described in a deed from B. Paul Goodman (unmarried) to The State of North Carolina, recorded October 8, 1985, in Deed Book 1404, at page 313, in the Buncombe County Registry, to the extent that the same property is not already within the corporate limits of the City of Asheville, or described in Section 1, above.

The right-of-way of Lookout Road, where it is bounded on both sides by land included within Section 3, shall be included within the corporate limits of the City of Asheville.

SECTION 2.  The following described property is removed from the corporate limits of the Town of Woodfin and annexed to the City of Asheville:

Section 4

Beginning at the intersection of the extension of the northern margin of the parcel described in Deed Book 2342, page 1, with the existing corporate boundary of the Town of Woodfin, run thence in a southwesterly direction to the northeast corner of the property described in Deed Book 1937, page 381; thence with the northern boundary of said parcel North 77 degrees West 209.15 feet to the eastern margin of the right-of-way of Relic Lane; thence with said right-of-way in a southerly direction to its intersection with the right-of-way shown on Plat Book 19, page 38, as Division Street; thence crossing Division Street in a southwesterly direction to the northern boundary of the parcel described in Deed Book 1881, page 730; thence with the northern and western boundaries of said parcel the following four calls: South 82 degrees 58 minutes 53 seconds West 221.05 feet, South 8 degrees 51 minutes 03 seconds East 157.74 feet, South 16 degrees 24 minutes 16 seconds West 316.68 feet, and South 3 degrees 55 minutes 12 seconds East 123.03 feet more or less to the existing corporate boundary of the Town of Woodfin; thence with said corporate limits in a northeasterly direction to the point of beginning. The right-of-way of Relic Lane is to remain within the Town of Woodfin.

SECTION 3.  The corporate limits of the Town of Woodfin are extended to include the following described property:

Section 5

Beginning at the southwesternmost point of the area described in Section 3, above, the same being a point in the existing corporate boundary of the City of Asheville and the northern margin of the right-of-way of Broadway Street, and following said corporate boundary in a northwesterly direction to its intersection with the existing corporate limits of the Town of Woodfin, thence following the existing corporate limits of the Town of Woodfin in a northeasterly direction to the point of intersection with the southernmost point of the area described in Section 4, above; thence in a southerly direction with the western boundary of the area described in Section 3 to the point of beginning. All of the right of Broadway Street, where it is bounded by Section 5, shall be included within the corporate limits of the City of Asheville.

SECTION 4.  All Deed Book and Plat Book references in this act are to documents recorded in the Buncombe County Register of Deeds.

SECTION 5.  If, as a result of the annexations made by this act, any part of the corporate limits of the Town of Woodfin is totally surrounded by the corporate limits of the City of Asheville, the City of Asheville may annex such properties under Part 1 of Article 4A of Chapter 160A of the General Statutes upon petition of the property owner as provided in that Part, but only if the petition is accompanied by an ordinance of the Town of Woodfin consenting to such annexation. The annexation may only become effective on June 30 of a calendar year and does not extinguish any tax liens of the Town of Woodfin.

SECTION 6.  This act becomes effective June 30, 2011.