GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

S                                                                                                                                                    D

SENATE BILL DRS15360-LMx-168B   (04/28)

Short Title:      Town of Sunset Beach/Deannexation.		(Local)
Sponsors:	Senator Rabon (Primary Sponsor).
Referred to:

A BILL TO BE ENTITLED

AN ACT removing certain described property from the town of sunset beach.

The General Assembly of North Carolina enacts:

SECTION 1.  The following described property is removed from the corporate limits of the Town of Sunset Beach:

TRACT I

Being all that certain tract or parcel of land lying and being in Shallotte Township, Brunswick County, North Carolina to and being more particularly described as follows: Beginning at a new rebar set in the southern right of way line of West Main Street, said rebar being located the following bearings and distances from an existing pipe found in the centerline intersections of West Main Street and 40^th Street (said iron pipe is noted as “Control Corner A" in Map Cabinet 87, Page 10, Brunswick County Registry and has NC Grid coordinates, N=43538.82 feet, E=2146864.04 feet); thence from said iron pipe, S11°15'49"E, 30.32 feet to an existing iron pipe found in the southern right of way line of West Main Street, thence S69°14'12"W, 9.98 feet to the Place and Point of Beginning. Thence from the BEGINNING and with the northern boundary lines of the lands owned by Gerald Otteni as claimed in Deed Book 1837, Page 1424, the lands owned by Surazal, LP as claimed in Deed Book 1394, Page 84 and Deed Book 709, Page 325 and the lands owned by Sun's Set, LP as claimed in Deed Book 1123, Page 627, S69°14'12"W, 154.86 feet to a rebar set; thence N20°43'54"W, 60.00 feet to a rebar set; thence with the southern boundary line of lands owned by At My Table, LLC as claimed in Deed Book 3360, Page 50, N69°16'06"E, 154.83 feet to an iron pipe found; thence S20°45'48"E, 59.91 feet to the Place and Point of Beginning. Containing 0.21 acres and being shown as Tract 1 on a map prepared by Christopher D. Stanley, P.L.S., titled “Survey For Sunset Beach West, LLC" dated November 10, 2014, as recorded in Map Cabinet 87, Page 10 of the Brunswick County Registry, to which reference is hereby made for a more full and accurate description.

TRACT II

Being all that certain tract or parcel of land lying and being in Shallotte Township, Brunswick County, North Carolina to and being more particularly described as follows: Beginning at a point, said point being located the following bearings and distances from an existing pipe found in the centerline intersections of West Main Street and 40^th Street (said iron pipe is noted as “Control Corner A" in Map Cabinet 87, Page 10, Brunswick County Registry and has NC Grid coordinates, N=43538.82 feet, E=2146864.04 feet); S59°15'01"W, 172.46 to a point; thence N20°43'54"W, 60.00 feet to a point in the southern boundary line of lands owned by At My Table, LLC as claimed in Deed Book 3360, Page 50; thence with the southern boundary line of At My Table, LLC,  S69° 16'06"W, 11.44 feet to the Place and Point of Beginning. Thence from the Beginning and with the approximate extension of the southern boundary line of the lands claimed by At My House, LLC, S69°16'06"W, for approximately 1,758 feet to a point in the eastern boundary line of the lands claimed by State of North Carolina as recorded in Deed Book 1537, Page 375 (Reference Map Cabinet 25, Page 232 of the Brunswick County Registry; thence with the eastern boundary line of State of North Carolina S01°42'41"W, for approximately 745 feet to a point in a mean high water line; thence northeasterly with the mean high water line the following bearings and distances: N52°26'45"E, 8.92 feet to a point; thence S80°49'24"E, 18.83 feet to a point; thence N59°56'27"E, 19.65 feet to a point; thence N66°1432"E, 19.06 feet to a point; thence S56°20'27"E, 17.23 feet to a point; thence N35°32'45"E, 11.62 feet to a point; thence N05°22'14"W, 18.25 feet to a point; thence N04°12'26"W, 10.09 feet to a point; thence N32°04'44"E, 14.97 feet to a point; thence N54°13'16"E, 12.31 feet to a point; thence S48°34'16"E, 13.09 feet to a point; thence S60°50'19"E, 9.40 feet to a point; thence S53°46'23"E, 4.24 feet to a point; thence S26°09'16"E, 14.81 feet to a point; thence S77°13'58"E, 11.53 feet to a point; thence N89°14'47"E, 15.22 feet to a point; thence N89°38'38"E, 18.78 feet to a point; thence N59°57'25"E, 7.21 feet to a point; thence S76°29'06"E, 18.53 feet to a point; thence N62°39'45"E, 14.19 feet to a point; thence N20°28'30"E, 3.61 feet to a point; thence N76°25'58"E, 25.38 feet to a point; thence N53°30'00"E, 6.88 feet to a point; thence N59°58'41"E, 28.02 feet to a point; thence N59°04'39"E, 31.96 feet to a point; thence N60°47'46"E, 33.38 feet to a point; thence N 58°51'27"E, 29.71 feet to a point; thence N57°17'14"E, 34.25 feet to a point; thence N58°25'44"E, 41.56 feet to a point; thence N51°25'53"E, 29.86 feet to a point; thence N47°29'48"E, 31.66 feet to a point; thence N44°09'42"E, 30.97  feet to a point; thence N45°49'25"E, 28.70 feet to a point; thence N39°40'41"E, 30.94  feet to a point; thence N38°38'25"E, 31.05 feet to a point; thence N45°13'16"E, 34.04 feet to a point; thence N37°35'33"E, 28.84  feet to a point; thence N36°52'20"E, 30.86 feet to a point; thence N40°37'28"E, 29.10 feet to a point; thence N32°01'31"E, 19.46 feet to a point; thence N23°00'04"E, 26.95 feet to a point; thence N06°32'31"W, 29.19 feet to a point; thence N22°58'22"W, 9.52 feet to a point; thence N74°37'53"E, 13.53 feet to a point; thence N71°13'09"E, 19.51 feet to a point; thence N82°17'18"E, 31.87 feet to a point; thence N68°07'38"E, 31.14 feet to a point; thence N52°12'25"E, 34.41 feet to a point; thence N41°14'34"E, 21.69 feet to a point; thence N80°10'14"E, 22.40 feet to a point; thence S72°34'35"E, 28.77 feet to a point; thence N47°04'11"E, 25.17 feet to a point; thence N51°15'39"E, 43.37 feet to a point; thence N52°13'39"E, 21.00 feet to a point; thence N32°11'31"E, 19.33  feet to a point; thence N23°19'23"W, 30.12 feet to a point; thence N07°14'03"E, 22.45 feet to a point; thence N21°10'33"W, 17.07 feet to a point; thence N25°07'24"E, 19.97 feet to a point; thence N41°37'33"E, 32.28 feet to a point; thence N63°10'17"E, 34.95 feet to a point; thence N69°27'58"E, 34.50 feet to a point; thence N82°37'31"E, 33.94 feet to a point; thence N68°18'20"E, 28.19  feet to a point; thence N60°56'56"E, 20.56 feet to a point; thence N76°20'28"E, 30.34  feet to a point; thence S80°13'00"E, 25.28 feet to a point; thence S88°04'14"E, 28.01 feet to a point; thence S86°50'59"E, 29.20 feet to a point; thence N72°03'40"E, 19.68 feet to a point; thence N80°21'39"E, 21.66 feet to a point; thence N75°01'49"E, 21.38 feet to a point; thence N54°00'58"E, 19.60 feet to a point; thence N66°20'34"E, 24.38 feet to a point; thence N70°26'49"E, 21.60 feet to a point; thence N56°54'30"E, 31.39 feet to a point; thence N48°50'53"E, 33.05 feet to a point; thence N54°37'12"E, 25.78 feet to a point; thence N79°47'22"E, 14.39 feet to a point; thence N52°07'15"E, 18.88 feet to a point; thence N47°36'52"E, 29.40 feet to a point; thence N24°13'12"E, 26.31 feet to a point; thence N30°46'51"E, 25.98 feet to a point; thence N22°41'06"E, 17.93  feet to a point; thence N66°18'30"E, 18.02 feet to a point; thence N10°19'12"E, 8.14  feet to a point; thence N32°41'35"W, 21.15 feet to a point; thence N22°35'34"W, 43.57 feet to a point; thence ‘N54°35'04"W, 11.49 feet to a point; thence N34°51'38"W, 15.53 feet to a point; thence N19°11'43"W, 86.90 feet to a point; thence N19°19'51"W, 49.61 feet to a point; thence N01°41'40"W, 20.79 feet to a point; thence N09°34'15"E, 25.66 feet to a point; thence N05°23'47"E, 38.75 feet to the Place and Point of Beginning. Containing approximately 18 acres and being partically shown on a map prepared by Christopher D. Stanley, P.L.S., dated June 18, 2014, to which reference is hereby made for a more full and accurate description

TRACT III

Being all that certain tract or parcel of land lying and being in Shallotte Township, Brunswick County, North Carolina to and being more particularly described as follows: Beginning at a new rebar set, said rebar being located the following bearings and distances from an existing pipe found in the centerline intersections of West Main Street and 40^th Street (said iron pipe is noted as “Control Corner A" in Map Cabinet 87, Page 10, Brunswick County Registry and has NC Grid coordinates, N=43538.82 feet, E=2146864.04 feet); S59°15'01"W, 172.46 feet to the Place and Point of Beginning. Thence from the Point of Beginning and with the northern boundary line of the lands owned by Sun's Set, LP as claimed in Deed Book 1123, Page 627, S69°16'06"W, 35.17 feet to a point; thence with the eastern boundary line of the lands claimed by Sun's Set, LP, S20°43'54"E, 974.94 feet to the mean high water line of the Atlantic Ocean; thence with the mean high water line of the Atlantic Ocean the following bearings and distances, S64°16'53"W, 65.56 feet to a point; thence S65°09'19"W, 90.06 feet to a point; thence; S65°40'34"W, 90.77 feet to a point; thence;  S64°13'12"W, 91.01 feet to a point; thence S63°56'33"W, 90.89 feet to a point; thence S62°23'02"W, 88.83 feet to a point; thence S61°44'58"W, 90.45 feet to a point; thence S61°50'54"W, 88.64 feet to a point; thence S64°07'23"W, 94.29 feet to a point; thence S63°16'35"W, 95.07 feet to a point; thence S63°40'50"W, 96.07 feet to a point; thence S63°18'05W, 94.64 feet to a point; thence S62°55'46"W, 97.30  feet to a point; thence S62°52'02W, 94.30 feet to a point; thence S62°48'31"W, 94.15 feet to a point; thence S64°17'42"W, 92.41  feet to a point; thence S61°38'40"W, 91.18 feet to a point; thence S64°01'29"W, 96.61 feet to a point; thence S62°14'45"W, 94.99 feet to a point; thence S61°00'18"W, 94.32 feet to a point; thence S61°18'58"W, 95.28  feet to a point; thence S63°26'23"W, 8.68 feet to a point in the mean high water line of the Atlantic Ocean; thence leaving the mean high water line of the Atlantic Ocean, N00°01'00"E, 296.50 feet to a point; thence N01°41'04"E, 201.07 feet to a concrete monument found; thence N02°18'20"E, 31.15 feet to an existing iron pipe found; thence N01°42'41"E, 64.80 feet to a point in a mean high water line; thence northeasterly with the mean high water line the following bearings and distances: N52°26'45"E, 8.92 feet to a point; thence S80°49'24"E, 18.83 feet to a point; thence N59°56'27"E, 19.65  feet to a point; thence N66°1432"E, 19.06 feet to a point; thence S56°20'27"E, 17.23 feet to a point; thence N35°32'45"E, 11.62 feet to a point; thence N05°22'14"W, 18.25 feet to a point; thence N04°12'26"W, 10.09 feet to a point; thence N32°04'44"E, 14.97 feet to a point; thence N54°13'16"E, 12.31 feet to a point; thence S48°34'16"E, 13.09 feet to a point; thence S60°50'19"E, 9.40 feet to a point; thence S53°46'23"E, 4.24 feet to a point; thence S26°09'16"E, 14.81 feet to a point; thence S77°13'58"E, 11.53 feet to a point; thence N89°14'47"E, 15.22 feet to a point; thence N89°38'38"E, 18.78 feet to a point; thence N59°57'25"E, 7.21 feet to a point; thence S76°29'06"E, 18.53 feet to a point; thence N62°39'45"E, 14.19 feet to a point; thence N20°28'30"E, 3.61 feet to a point; thence N76°25'58"E, 25.38 feet to a point; thence N53°30'00"E, 6.88 feet to a point; thence N59°58'41"E, 28.02 feet to a point; thence N59°04'39"E, 31.96 feet to a point; thence N60°47'46"E, 33.38 feet to a point; thence N 58°51'27"E, 29.71 feet to a point; thence N57°17'14"E, 34.25 feet to a point; thence N58°25'44"E, 41.56 feet to a point; thence N51°25'53"E, 29.86 feet to a point; thence N47°29'48"E, 31.66 feet to a point; thence N44°09'42"E, 30.97  feet to a point; thence N45°49'25"E, 28.70 feet to a point; thence N39°40'41"E, 30.94  feet to a point; thence N38°38'25"E, 31.05 feet to a point; thence N45°13'16"E, 34.04 feet to a point; thence N37°35'33"E, 28.84  feet to a point; thence N36°52'20"E, 30.86 feet to a point; thence N40°37'28"E, 29.10 feet to a point; thence N32°01'31"E, 19.46 feet to a point; thence N23°00'04"E, 26.95 feet to a point; thence N06°32'31"W, 29.19 feet to a point; thence N22°58'22"W, 9.52 feet to a point; thence N74°37'53"E, 13.53 feet to a point; thence N71°13'09"E, 19.51 feet to a point; thence N82°17'18"E, 31.87 feet to a point; thence N68°07'38"E, 31.14 feet to a point; thence N52°12'25"E, 34.41 feet to a point; thence N41°14'34"E, 21.69 feet to a point; thence N80°10'14"E, 22.40 feet to a point; thence S72°34'35"E, 28.77 feet to a point; thence N47°04'11"E, 25.17 feet to a point; thence N51°15'39"E, 43.37 feet to a point; thence N52°13'39"E, 21.00 feet to a point; thence N32°11'31"E, 19.33  feet to a point; thence N23°19'23"W, 30.12 feet to a point; thence N07°14'03"E, 22.45 feet to a point; thence N21°10'33"W, 17.07 feet to a point; thence N25°07'24"E, 19.97 feet to a point; thence N41°37'33"E, 32.28 feet to a point; thence N63°10'17"E, 34.95 feet to a point; thence N69°27'58"E, 34.50 feet to a point; thence N82°37'31"E, 33.94 feet to a point; thence N68°18'20"E, 28.19  feet to a point; thence N60°56'56"E, 20.56 feet to a point; thence N76°20'28"E, 30.34  feet to a point; thence S80°13'00"E, 25.28 feet to a point; thence S88°04'14"E, 28.01 feet to a point; thence S86°50'59"E, 29.20 feet to a point; thence N72°03'40"E, 19.68 feet to a point; thence N80°21'39"E, 21.66 feet to a point; thence N75°01'49"E, 21.38 feet to a point; thence N54°00'58"E, 19.60 feet to a point; thence N66°20'34"E, 24.38 feet to a point; thence N70°26'49"E, 21.60 feet to a point; thence N56°54'30"E, 31.39 feet to a point; thence N48°50'53"E, 33.05 feet to a point; thence N54°37'12"E, 25.78 feet to a point; thence N79°47'22"E, 14.39 feet to a point; thence N52°07'15"E, 18.88 feet to a point; thence N47°36'52"E, 29.40 feet to a point; thence N24°13'12"E, 26.31 feet to a point; thence N30°46'51"E, 25.98 feet to a point; thence N22°41'06"E, 17.93  feet to a point; thence N66°18'30"E, 18.02 feet to a point; thence N10°19'12"E, 8.14  feet to a point; thence N32°41'35"W, 21.15 feet to a point; thence N22°35'34"W, 43.57 feet to a point; thence ‘N54°35'04"W, 11.49 feet to a point; thence N34°51'38"W, 15.53 feet to a point; thence N19°11'43"W, 86.90 feet to a point; thence N19°19'51"W, 49.61 feet to a point; thence N01°41'40"W, 20.79 feet to a point; thence N09°34'15"E, 25.66 feet to a point; thence N05°23'47"E, 38.75 feet to a point; thence N69°16'06"E, 11.44 feet to a point; thence S20°43'54"E, 60.00 feet to the Place and Point of Beginning. Containing 24.95 acres and being shown on a map prepared by Christopher D. Stanley, P.L.S., dated June 18, 2014, to which reference is hereby made for a more full and accurate description.

TRACT IV

BEING ALL THAT CERTAIN lot or parcel of land lying and being located in Shallotte Township, Brunswick County, North Carolina, and being more particularly described as follows:

BEGINNING at a 1/2" rebar set in the eastern right-of-way of NC Highway 904 (60 foot right-of-way), said rebar having NC grid coordinates (NAD 83/86) of N = 56,756.6469' and E = 2,154,937.6319'; thence from said point and place of BEGINNING North 87º15'02" East, a distance of 127.37 feet to a 1/2" rebar set; thence North 79º27'13" East, a distance of 94.01 feet to a 1/2" rebar set; thence along a curve to the left having a radius of 189.50 feet, an arc length of 42.57 feet and a chord bearing and distance of North 73º01'03" East, a distance of 42.48 feet to a 1/2" rebar set; thence North 66º34'53" East, a distance of 924.41 feet to a 1/2" rebar set; thence South 08º40'20" East, a distance of 542.20 feet to a point in the center of Calabash Creek; thence with the run of Calabash Creek the following seven (7) calls: (1) South 66º23'43" West, a distance of 50.49 feet to a point; (2) South 63º 31'28" West, a distance of 34.25 feet to a point; (3) South 63º41'31" West, a distance of 62.72 feet to a point; (4) South 50º34'20" West, a distance of 74.29 feet to a point; (5) South 59º44'42" West, a distance of 55.60 feet to a point; (6) South 62º31'45" West, a distance of 97.58 feet to a point; and (7) South 65º42'52" West, a distance of 60.39 feet to a point; thence leaving said Calabash Creek North 09º17'38" West, a distance of 530.44 feet to a 1/2" rebar set; thence South 66º34'53" West, a distance of 484.18 feet to a 1/2" rebar set; thence along a curve to the right having a radius of 239.50 feet, an arc length of 53.81 feet and a chord bearing and distance of South 73º01'03" West, a distance of 53.69 feet to a 1/2" rebar set; thence South 79º27'13" West, a distance of 133.32 feet to a 1/2" rebar set; thence South 72º51'33" West, a distance of 88.22 feet to a 1/2" rebar set in the eastern right-of-way of NC Highway 904; thence with the eastern right-of-way of NC Highway 904 the following two (2) calls: (1) North 09º57'05" West, a distance of 41.07 feet to a 1/2" rebar set; and (2) North 10º02'08" West, a distance of 36.34 feet to a 1/2" rebar set, being the point and place of BEGINNING, containing 6.22 acres, more or less, as shown on a survey entitled "ALTA/ACSM Land Title Survey For: Sunset Creek Commons" prepared by Norris & Ward Land Surveyors, P.A. dated June 17, 2015.

TRACT V

Beginning at a point being the common corner of lot 1 Palm Cove as shown and recorded in Map Cabinet 31 Page 190 and lot 41 as shown and recorded in Map Cabinet V page 57, said corner also being on the southern right-of-way of East Main Street extension, all references to the Brunswick County Registry, thence N 61°59'33" W a distance of 60.01' to a point, said point being the common corner of the aforementioned lot 1 and lot 41A, as shown and recorded in Map Cabinet 17 page 208 of the Brunswick County Registry, said point also being on the northern right-of-way of East Main Street extension; thence with the common line of the aforementioned lots 1 and 41A, N 14°05'09" W a distance of 175.95' to a point at the mean high water line; thence N 09°48'48" W a distance of 1058.55' to a point in Jinx's Creek; thence N 84°14'18" E a distance of 595.59' to a point in Jinx's Creek, said point also being on the division line between the Town of Sunset Beach and the Town of Ocean Isle Beach (See Section 2 of Chapter 93 of the 1963 Session Laws, Tract 4); thence with the division line between the Towns of Sunset Beach and Ocean Isle Beach, S 27°21'51" E a distance of 1285.45' to a point, said point being the northeast corner of lot 10 Palm Cove, as shown and recorded in Map Cabinet 31 page 190; thence with the eastern line of the aforementioned lot 10 Palm Cove, S 27°21'51" E a distance of 641.88' to the mean high water line of the Atlantic Ocean; then with the mean high water line of the Atlantic Ocean the following eleven courses: thence S 41°39'01" W a distance of 19.82' to a point; thence S 35°28'09" W a distance of 62.50' to a point; thence S 45°55'57" W a distance of 66.12' to a point; thence S 56°14'53" W a distance of 61.86' to a point; thence S 78°35'32" W a distance of 68.29' to a point; thence S 71°15'44" W a distance of 55.17' to a point; thence S 65°45'05" W a distance of 100.31' to a point; thence S 78°07'12" W a distance of 63.49' to a point; thence S 80°10'24" W a distance of 109.00' to a point; thence S 76°04'07" W a distance of 42.34' to a point; thence S 73°10'40" W a distance of 41.33' to a point, said point also being the southwestern corner of the aforementioned lot 1 Palm Cove; thence with the westerline of the aforementioned lot 1 Palm Cove, N 40°59'47" W a distance of 903.99' to the Point of Beginning, containing 36.169 acres.

SECTION 2.  This act has no effect upon the validity of any liens of the Town of Sunset Beach for ad valorem taxes or special assessments outstanding before the effective date of this act. Such liens may be collected or foreclosed upon after the effective date of this act as though the property were still within the corporate limits of the Town of Sunset Beach.

SECTION 3.  This act becomes effective June 30, 2016.