GENERAL ASSEMBLY OF NORTH CAROLINA

 SESSION 2011

SESSION LAW 2012-124

HOUSE BILL 1169

AN ACT removing certain described property from the corporate LIMITS OF THE TOWN OF BURGAW, AND CONCERNING COUNTY ZONING OF LOCAL DEANNEXED AREAS.

The General Assembly of North Carolina enacts:

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

All that land located in Burgaw Township, Pender County, State of North Carolina, adjoining the lands of James Henry (Bud) Moore, Marion Lane, Roy Lanier, Acme Wood Corporation, and others and being more particularly described as follows:

TRACT I

Beginning at a concrete location corner 3.4 feet from center of a cypress stump on the east side of the run of Burgaw Creek, J. H. (Bud) Moore's corner; thence his line and ditch North 65 degrees 09 minutes East 660.00 feet to a concrete monument; thence North 74 degrees 14 minutes East 1155.00 feet to a concrete monument; thence 77 degrees 09 minutes East 686.0 feet to an iron stake; thence North 88 degrees 58 minutes East 825.0 feet to an iron stake; thence North 84 degrees 51 minutes 1337.3 feet to two iron pipes at a ditch intersection; thence the same course North 84 degrees 51 minutes East 1367.5 feet to a plowed fire lane at a point South 62 degrees 25 minutes East 304.2 feet from a marked corner; thence with said fire lane South 62 degrees 25 minutes East 356.3 feet to a marked corner; thence South 51 degrees 05 minutes East 982.3 feet to a corner; thence South 12 degrees 15 minutes East 1072.6 feet to a pine stump with gum pointers; thence with line of Acme Wood Corporation, South 9 degrees 56 minutes West 2920.4 feet to a "D.L.G." stone; thence South 89 degrees 42 minutes West 455.4 feet to a concrete monument; thence North 86 degrees 30 minutes West 1483.35 feet to a pipe at a field cross ditch; thence North 85 degrees 50 minutes West 1333.3 feet to a concrete monument; thence the line of Marion Lane North 4 degrees 08 minutes East 1654.5 feet to a point upon the present avenue, leading to the house; thence with the avenue (Lane's line) North 85 degrees 58 minutes West 2845.9 feet to a spike in center of bridge over Burgaw Creek (Public Paved Road bridge); thence up the run of Burgaw Creek the following traversed courses and distances:

(1)        North 16 degrees 02 minutes East 323.1 feet;

(2)        North 09 degrees 33 minutes West 204.2 feet;

(3)        North 22 degrees 55 minutes West 205.8 feet;

(4)        North 87 degrees 36 minutes West 183.0 feet;

(5)        North 27 degrees 18 minutes West 153.6 feet;

(6)        South 89 degrees 24 minutes West 71.7 feet;

(7)        North 3 degrees 32 minutes East 149.9 feet;

(8)        North 18 degrees 18 minutes West 160.5 feet;

(9)        North 76 degrees 04 minutes West 75.2 feet;

(10)      North 33 degrees 16 minutes West 170.2 feet;

(11)      North 56 degrees 37 minutes West 115.9 feet;

(12)      North 24 degrees 47 minutes West 87.9 feet;

(13)      North 60 degrees 48 minutes West 135.9 feet; and

(14)      North 48 degrees 01 minutes West 191.6 feet to the point of Beginning, containing 523.99 acres, more or less, and described according to map of M.R. Walton, Registered Surveyor, entitled "Map of Survey for Teal A. Rivenbark" Burgaw Township, Pender County, North Carolina dated May-June 1962, reference to which is hereby made for a more particular description.

TRACT II

Beginning at a point in a fire lane which is South 62 degrees 25 minutes East 304.2 feet from a marked corner of Corbett Package Company, also being the most Northeasterly corner of the above "First Tract" herein and running thence with the fire line South 62 degrees 25 minutes East 356.3 feet to a marked corner; thence South 51 degrees 05 minutes East 982.3 feet to a corner; thence South 12 degrees 15 minutes East 1072.5 feet to a pine stump with gum pointers; thence leaving the lines of "First Tract" herein North 9 degrees 56 minutes East 2005.1 feet to a stake; thence South 84 degrees 51 minutes West 1649.7 feet to the point of Beginning, containing 23.65 acres, more or less, and described according to map of M.R. Walton, Registered Surveyor, dated May-June 1962 entitled "Map of Survey for Teal A. Rivenbark", Burgaw Township, Pender County, North Carolina, reference to which is hereby made for a more particular description.

Subject however, to the right-of-way in favor of Four County Electric Membership Corporation recorded in Book 226, at Page 282 of the Pender County Registry.

SECTION 2.  This act has no effect upon the validity of any liens of the Town of Burgaw 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 Burgaw.

SECTION 3.  Notwithstanding the provisions of G.S. 160A-360(f1) or G.S. 160A-364, for any area affected by an annexation ordinance listed in S.L. 2012-3, the county board of commissioners may, by ordinance, reestablish any county zoning or other land use regulation under Article 19 of Chapter 160A of the General Statutes that was in effect on the day prior to the effective date of the annexation ordinance repealed by S.L. 2012-3.

SECTION 4.  This act becomes effective July 1, 2012.

In the General Assembly read three times and ratified this the 29^th day of June, 2012.

                                                                    s/  Neal Hunt

                                                                         Presiding Officer of the Senate

                                                                    s/  Paul Stam

                                                                         Presiding Officer of the House of Representatives