S.L. 2012-138

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

SESSION LAW 2012-138

HOUSE BILL 180

AN ACT to voluntarily annex certain described areas to the CORPORATE limits of the City of wilmington.

The General Assembly of North Carolina enacts:

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

Belle Meade Plaza Tract: Commencing at an existing concrete monument in the centerline of St. Andrews Drive at its intersection with the north right-of-way line of U.S. 421 (Carolina Beach Road); thence along and with the north line of Carolina Beach Road South 39 degrees, 30 minutes, 53 seconds East a distance of 501.00 feet to an existing iron pipe, said pipe being the Point of Beginning; thence North 50 degrees, 25 minutes, 51 seconds East a distance of 200.00 feet to a point; thence North 39 degrees, 30 minutes, 53 seconds West a distance of 49.88 feet to an existing iron pipe; thence North 50 degrees, 29 minutes, 05 seconds East a distance of 732.86 feet to a point; thence North 40 degrees, 35 minutes, 47 seconds West a distance of 24.42 feet to a point; thence North 04 degrees, 24 minutes, 13 seconds East a distance of 45.26 feet to a point; thence North 40 degrees, 35 minutes, 46 seconds West a distance of 293.65 feet to a point; thence following along a curve to the left (Arc=50.11', Radius=170.00') a chord which bears North 49 degrees, 02 minutes, 29 seconds West a chord distance of 49.93 feet to a point; thence South 50 degrees, 29 minutes, 21 seconds West a distance of 627.43 feet to a point; thence North 03 degrees, 34 minutes, 31 seconds East a distance of 398.81 feet to a point; thence North 50 degrees, 28 minutes, 31 seconds East a distance of 299.73 feet to an existing iron pipe; thence South 03 degrees, 37 minutes, 27 seconds West a distance of 275.57 feet to an existing iron pipe; thence North 50 degrees, 23 minutes, 26 seconds East a distance of 1384.07 feet to an existing iron pipe; thence North 17 degrees, 05 minutes, 15 seconds East a distance of 225.05 feet to an existing iron pipe; thence South 46 degrees, 53 minutes, 49 seconds East a distance of 595.10 feet to a point; thence South 40 degrees, 53 minutes, 56 seconds West a distance of 39.64 feet to a point located in the Run of Barnard's Creek; thence North 67 degrees, 36 minutes, 33 seconds West a distance of 250.15 feet to a point; thence North 66 degrees, 54 minutes, 20 seconds West a distance of 131.32 feet to a point; thence South 49 degrees, 36 minutes, 10 seconds West a distance of 53.47 feet to a point; thence South 62 degrees, 59 minutes, 20 seconds West a distance of 202.70 feet to a point; thence South 04 degrees, 50 minutes, 57 seconds East a distance of 92.97 feet to a point; thence South 23 degrees, 24 minutes, 26 seconds East a distance of 167.04 feet to an existing iron pipe; thence South 39 degrees, 26 minutes, 08 seconds East a distance of 51.43 feet to an existing iron pipe; thence South 18 degrees, 32 minutes, 11 seconds East a distance of 28.38 feet to a point; thence South 36 degrees, 31 minutes, 16 seconds East a distance of 66.14 feet to a point; thence South 13 degrees, 23 minutes, 36 seconds East a distance of 21.16 feet to an existing iron pipe; thence South 50 degrees, 30 minutes, 17 seconds West a distance of 11.18 feet to a point; thence South 05 degrees, 34 minutes, 46 seconds East a distance of 220.98 feet to an existing iron pipe; thence South 03 degrees, 35 minutes, 59 seconds East a distance of 19.56 feet to an existing iron pipe; thence South 03 degrees, 35 minutes, 21 seconds East a distance of 203.30 feet to an existing iron pipe; thence South 03 degrees, 06 minutes, 22 seconds East a distance of 68.14 feet to an existing iron pipe; thence South 67 degrees, 36 minutes, 46 seconds East a distance of 166.66 feet to a point; thence South 50 degrees, 44 minutes, 58 seconds West a distance of 442.58 feet to an existing iron pipe; thence South 50 degrees, 23 minutes, 58 seconds West a distance of 1093.30 feet to an existing iron pipe; thence South 50 degrees, 23 minutes, 58 seconds West a distance of 0.70 feet to a point located in the north right-of-way line of U.S. 421 (Carolina Beach Road); thence along and with said north right-of-way line North 39 degrees, 30 minutes, 53 seconds West a distance of 365.27 feet to an existing iron pipe; thence North 50 degrees, 26 minutes, 55 seconds East a distance of 200.00 feet to an existing iron pipe; thence North 39 degrees, 30 minutes, 53 seconds West a distance of 50.00 feet to an existing iron pipe; thence South 50 degrees, 26 minutes, 55 seconds West a distance of 200.00 feet to an existing R.R. spike located in the north right-of-way line of U.S. 421 (Carolina Beach Road); thence along and with said north right-of-way line North 39 degrees, 30 minutes, 53 seconds West a distance of 100.00 feet to the Point of Beginning; containing 34.69 acres, more or less. Subject to all of Grantor's right, title, and interest, if any, in the following: (1) "Non-exclusive access easement for ingress and egress" as recorded in Book 4137 Page 0536 at the New Hanover County Registry. (2) "20' x 50' Bellsouth Easement" as recorded in Book 4639 Page 0721 at the New Hanover County Registry. (3) "Deed of Easement" for Progress Energy Carolinas, Inc., as recorded in Book 4169 Page 239 at the New Hanover County Registry. (4) "90-Foot Wide Carolina Power & Light Company right-of-way" as recorded in Book 3760 Page 405 at the New Hanover County Registry. (5) "30' Public Sanitary Sewer Easement" per New Hanover County As-Built of "Sanitary Sewer Locations Johnson Farm" dated January 4, 1987. (6) "30' Public Sanitary Sewer Easement" per Carolina Power & Light Co. survey map prepared by Moore, Gardner & Associates, Inc., dated May 1971, revised date: December 16, 1999. Added sanitary sewer easement per New Hanover County. Together with all of Grantor's right, title, and interest, if any, in the following: (1) "25' Drainage and Utility Easement" as recorded in Book 4765 Page 0803 at the New Hanover County Registry. (2) "Deed of Right-of-Way" Tract 1 St. Andrews Place II as recorded in Book 4897 Page 0148 at the New Hanover County Registry. (3) "Reciprocal Easement" Tract 2 and Tract 3 St. Andrews Place II as recorded in Book 4897 Page 0156 at the New Hanover County Registry.

SECTION 2. The corporate limits of the City of Wilmington are extended to include the following described area:

Lockwood Village Apartments Tract: Commencing at an old concrete monument situated at point and place where the centerline of Greenbriar Road (S.R. 1698, being 60 feet in width) intersects the easterly right-of-way of South College Road (NC Highway 132, being 200 feet in width) and runs thence N 57-34-35 W, 232.65 feet to an old concrete monument located in the westerly right-of-way of said College Road, said monument lying at the southeasterly corner of the United Advent Christian Church, Inc., property (now or formerly) as recorded in Deed Book 1873, Page 9070; thence along the southerly line of said United Advent Christian Church, Inc., property N 70-06-47 W, 408.0 feet to the south easterly corner of the Simpson Property (now or formerly), as recorded in Deed Book 1851, Page 405 and the point and place of beginning of this description. thence N 70-06-47 W, 331.26 feet to the southeasterly corner of the Myrtle Properties LLC property (now or formerly) as shown on an easement plat recorded in Map Book 54, Page 277; thence along the southeasterly line of said Myrtle Properties LLC property N 25-54-03 E, 382.24 feet to a point; thence S 71-37-38 E, 566.40 feet to a point of the westerly right-of-way of said College Road; thence along the right-of-way of said College Road S 01-16-52 W, 248.55 feet to a point; thence N 70-06-49 W, 354.29 feet to a point; thence S 19-53-13 W, 159.54 feet to the point of beginning. The above described parcel contains 4.42 acres, more or less, and is a combination of record information described in record deeds (Book/Page) 4962/296, 1905/485, and 1851/405, and is not a result of a boundary survey. The bearing directions have been rotated to a bearing base as shown on Map Book 54, Page 277.

SECTION 3. The corporate limits of the City of Wilmington are extended to include the following described area:

Certain parcel or parcels of land situated in Masonboro Township, New Hanover County, North Carolina, and being more particularly described as follows: Beginning at a point on the mean high water line along the eastern bank of the Cape Fear River and the southern bank and mouth of Barnard's Creek, said point having NC GRID NAD 83(86) coordinates of North 149760.05 and East 2319807.02 and being located South 62º 54' 02" West 1733.67 feet from a point in the centerline of Barnard's Creek Bridge on River Road, said centerline point having NC GRID NAD 83(86) coordinates of North 150478.77 and East 2321328.74, said point being the true Point of Beginning; thence from said Point of Beginning, along the eastern bank of said Cape Fear River the following courses and distances: S 01º 07' 11" E 400.25 feet, S 09º 04' 11" W 68.47 feet, S 00º 19' 35" E 47.79 feet, S 32º 18' 52" W 34.11 feet, S 01º 13' 39" W 45.88 feet, S 12º 03' 24" W 36.72 feet, S 21º 28' 10" W 25.70 feet, S 00º 06' 15" W 32.82 feet, S 08º 17' 04" W 100.02 feet, S 16º 08' 19" W 98.71 feet, S 38º 12' 53" W 37.66 feet, S 18º 02' 03" W 73.66 feet, S 29º 55' 48" W 119.32 feet, S 27º 01' 35" W 44.69 feet, S 15º 32' 10" W 54.99 feet, S 33º 19' 47" E 108.56 feet, S 13º 01' 34" E 79.17 feet, S 24º 40' 46" E 63.75 feet, S 18º 33' 42" E 75.11 feet, S 13º 21' 04" E 149.64 feet, S 19º 17' 08" E 80.31 feet, S 24º 57' 12" E 72.60 feet, and S 06º 48' 54" E 5.17 feet; thence leaving said eastern bank South 62º 54' 02" West 880.44 feet to a point; thence North 00º 00' 00" East 1761.24 feet to a point; thence North 62º 54' 02" East 881.82 feet to the Point of Beginning, containing 28.919 acres, more or less.

SECTION 4. The corporate limits of the City of Wilmington are extended to include the following described area:

Magnolia Trace Tract: A tract of land bound on the Southwest by Carolina Beach Road (U.S. Hwy. 421), a 160' public right-of-way; on the Northwest by the lands, now or formerly, of Silver Lake Baptist Church, recorded among the land records of the New Hanover County Registry in Deed Book 1052, at Page 110; on the Northeast by the lands, now or formerly, of South College Road Associates, recorded in Deed Book 1417, at Page 1317; on the Southeast by Treetops HOA, Inc., recorded in Deed Book 3966, at Page 163; and being more particularly described as follows: BEGINNING at a point in the northeastern boundary of Carolina Beach Road, said point being located North 35º29'0" West, 168.00' along the right-of-way from its intersection with the centerline of Winding Branches Drive, a 50' private right-of-way; and running thence from the point of beginning with the right-of-way of Carolina Beach Road, North 35º28'46" West, 307.01 feet to a point; thence North 36º30'11" West, 101.04 feet to a point; thence North 35º49'34" West, 99.49 feet to a point; thence with the Silver Lake Church line, North 54º19'50" East, 879.21 feet to a point; thence with the South College Road Associates line, South 12º10'42" West, 150.06 feet to a point; thence South 11º55'45" West, 148.07 feet to a point; thence with the Treetops HOA line, South 11º54'20" West, 227.12 feet to a point; thence South 36º55'00" West, 513.79 feet to the point and place of beginning, containing 6.42 acres, more or less.

SECTION 5. This act becomes effective July 1, 2012.

In the General Assembly read three times and ratified this the 2^nd day of July, 2012.

s/ Walter H. Dalton

President of the Senate

s/ Thom Tillis

Speaker of the House of Representatives