GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SESSION LAW 2018-19
HOUSE BILL 956
AN ACT authorizing the city of eden to enter into an annexation agreement with duke energy for payments in lieu of annexation.
The General Assembly of North Carolina enacts:
SECTION 1. Notwithstanding any applicable provision of the General Statutes or any other public or local law, the City of Eden is granted certain contract powers as follows:
(1) The City of Eden may, by agreement, provide that certain property, described in Section 3 of this act as the "Dan River Plant Property," may not be involuntarily annexed by the City during the period beginning January 31, 2019, and ending December 31, 2023, under the General Statutes as they now exist or may be subsequently amended, except as provided in the agreement. The City of Eden shall not seek to repeal this act upon its approval by the General Assembly.
(2) Any agreement entered into as provided in subdivision (1) of this section is specifically determined to be proprietary and commercial in nature and is specifically determined to be consistent with the public policy of the State of North Carolina.
(3) Any agreement entered into as provided in subdivision (1) of this section is a continuing agreement and is binding on and enforceable against the current and future members of the City Council of the City of Eden during the full term of the agreement and any extension thereof.
(4) The parties to the agreement entered into as provided in subdivision (1) of this section are authorized by this section to further modify, amend, and extend the agreement on mutual written consent, without the approval of the General Assembly, provided that any modification or amendment does not materially alter the concept of the agreement.
SECTION 2. The City of Eden may accept, as consideration for the agreement authorized in Section 1 of this act, payments in lieu of taxes in the amount of one million dollars ($1,000,000), which shall be made by Duke Energy in annual payments in the amount of two hundred thousand dollars ($200,000) for five successive and consecutive calendar years.
SECTION 3. The agreement under Section 1 of this act shall apply to the Dan River Plant Property described as follows:
Tract 1
Beginning at a concrete monument set in the westerly line of S. R. # 1779 (Edgewood Road) and running thence from said beginning point, S 360º 45' E 80.6 feet to a stake, thence N 69° 26' E 826.6 feet to an iron rod found; thence N 20º 32' W 239.1 feet to an iron rod; thence N 69º 28' E 97.1 feet to an iron rod found; thence N 20º 39' W 180.0 feet to an iron rod found; thence N 69º 18' E 54.7 feet to a concrete monument found; thence N 20º 30' W 240.4 feet to an iron rod; thence N 69º 30' E 87.0 feet to an iron rod found; thence N 20º 35' W 180.1 feet to an iron rod found; thence N 69° 27' E 515.5 feet to an iron rod and iron pipe found in the westerly boundary of the property of Fieldcrest Mills, Inc.; thence with said property line S 10° 19' E 1390.2 feet to a concrete monument found in the southwesterly corner of the property of Fieldcrest Mills, Inc.; thence with the southerly line of Fieldcrest Mills, Inc., N 79º 03' E 161.9 feet to a concrete monument found; thence S 80° 53' E 1126.3 feet to an iron rod found in the centerline of the CNW Railroad Spur Track; thence with the centerline of said Spur track the following courses and distances: S 4º 02' E 100.0 feet to a point; S 0º 02' E 99.9 feet to a point; S 4º 04' W 100.0 feet to a point; S 7º 43' W 100.0 feet to a point; S 11º 45' W 100.0 feet to a point; S 15º 57' W 100.0 feet to a point; S 20º 00' W 100.0 feet to a point; S 24° 15' W 100.0 feet to a point; S 28º 05' W 100.0 feet to a point; S 31º 33' W 72.0 feet to a spike found; thence N 88º 54' E 623.1 feet to an iron rod found; thence S 18º 36' E 367.2 feet to an iron pipe found; thence S 6º 02' W 74.9 feet to an iron pipe found; thence S 24º 38' E 141.5 feet to a point in the northerly bank of the Dan River; thence with the Dan River the following courses and distances: S 66° 35' W 48.8 feet; S 54º 44' W 77.0 feet; S 61º 37' W 108.8 feet; S 55º 43' W 74.6 feet; S 53º 05' W 203.1 feet; S 32° 02' W 281.5 feet; S 27º 20' W 140.7 feet; S 27º 58' W 436.3 feet; S 29º 28'W 142.1 feet; S 26º 31' W 236.2 feet; S 41º 30' W 204.0 feet; S 52º 38' W 266.5 feet; S 58° 31' W 263.2 feet; S 63° 40' W 317.8 feet; S 57º 38' W 75.4 feet; S 65º 46' W 312.0 feet; S 71º 46' W 148.1 feet; S 75° 07' W 232.9 feet; S 76° 21' W 205.8 feet; N 6º 55' W 64.0 feet; S 68° 04' W 235.4 feet; S 17° 07' E 61.4 feet; S 66° 21' W 108.2 feet; S 67° 33' W 318.2 feet; S 68º 11' W 220.3 feet; S 70º 06' W 139.5 feet; S 78º 35' W 234.8 feet; S 65° 10' W 88.2 feet to a point in the southeasterly margin of the property of Fieldcrest Mills, Inc.; thence with the property line of Fieldcrest Mills, Inc.; N 18° 51' W 176.4 feet to an iron rod set; thence S 56º 26' W 96.7 feet to an iron pipe found; thence N 19º 06' W 1090.1 feet to a concrete monument found; thence N 82° 22' E 247.0 feet to a point in the westerly bank of a pond; thence with the westerly bank of said pond, eight courses and distances as follows: (1) N 46° 33' W 98.7 feet; (2) N 32° 44' W 86.0 feet; (3) N 47° 00' W 82.7 feet; (4) N 84° 22' W 45.6 feet; (5) N 39° 52' W 147.9 feet; (6) N 18º 33' W 89.6 feet; (7) N 7º 38' E 206.9 feet; (8) N 36º 54' E 60.4 feet at an intersection of the said pond and Moir Branch; thence with the centerline of Moir Branch the following courses and distances: (1) N 22º 07' W 200.2 feet; (2) N 25° 40' W 40.5 feet; (3) N 45º 48' W 58.0 feet; (4) N 11º 08' W 47.0 feet; (5) S 79° 32' E 37.3 feet; (6) N 4° 09' E 25.0 feet; (7) N 6° 39' W 132.1 feet; (8) N 5° 25' E 193.7 feet; (9) N 7º 04' W 76.1 feet; (10) S 30° 57' W 48.8 feet; (11) S 73º 25' W 18.4 feet; (12) N 15° 37' W 44.9 feet; (13) N 3º 35' E 122.1 feet; (14) N 30º 20' W 34.8 feet; (15) N 14° 01' W 129.2 feet; (16) N 50º 22' W 61.7 feet; (17) N 22º 47' W 85.8 feet; (18) N 34° 56' W 29.7 feet; (19) N 4º 25' E 177.2 feet; (20) N 16º 48' E 54.7 feet; (21) N 30º 16' E 28.2 feet; (22) N 18° 14' W 25.5 feet; (23) N 13º 26' W 47.0 feet; (24) N 4° 41' E 115.3 feet; (25) S 89º 12' E 26.5 feet; (26) N 41º 02' E 26.5 feet; (27) N 9° 00' W 94.8 feet; (28) N 1º 43' W 62.0 feet; (29) N 40° 18' E 15.7 feet; (30) N 22° 50' E 46.8 feet; (31) N 11º 42' E 37.1 feet; (32) S 82° 45' E 40.0 feet; (33) N 16° 55' E 45.3 feet; (34) N 21º 40' E 37.9 feet; (35) N 6º 31' E 114.3 feet to a point in the southerly line of the property of Fieldcrest Mills, Inc.; thence with the southerly line of said property N 63º 10' E 308.3 feet to an iron pipe found; thence N 63º 14' E 523.5 feet to an iron pipe found; thence N 63º 07' E 132.1 feet to an iron pipe found; N 63º 20' E 171.2 feet to an iron pipe found; thence N 63º 13' E 357.6 feet to the point of Beginning, containing 371.48 acres.
Tract 2
Beginning at a point on the west bank of Miry Branch at the confluence of Miry Branch and Dan River; thence with the west branch of Miry Branch the following courses and distances: S 33º 39' W 85.4 feet; S 57° 48' W 80.0 feet; S 30° 56' W 51.1 feet; S 14° 24' E 36.7 feet; S 43º 41' E 74.3 feet; S 1º 31' W 72.2 feet; S 6° 51' W 117.5 feet; S 5º 17' W 37.8 feet; S 45º 12' W 74.0 feet; S 41º 15' W 117.0 feet; S 31º 11' W 36.9 feet; S 15° 35' E 72.8 feet; S 31º 08' W 52.5 feet; S 24° 33' E 44.3 feet; S 24º 09' W 94.5 feet; S 7º 15' W 35.1 feet; S 36° 54' E 71.5 feet to an iron rod; thence S 72º 11' W 395.3 feet to a concrete monument found; thence N 2º 25' E 917.1 feet to the southerly line of said river; thence with the southerly bank of Dan River three calls as follows: N 70° 00' E 336.4 feet; N 69° 52' E 115.1 feet; N 79° 21' E 154.5 feet to the point of Beginning, containing 9.08 acres.
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 21st day of June, 2018.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives