GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2021

 

SESSION LAW 2022-36

SENATE BILL 908

 

 

AN ACT to remove the davidson county airport from the corporate LIMITS OF THE CITY OF LEXINGTON AND TO REQUIRE THE DAVIDSON COUNTY AIRPORT AUTHORITY TO PURCHASE CERTAIN DESCRIBED PROPERTY FROM THE CITY OF LEXINGTON.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.(a)  The following described property, being the Davidson County Airport, is removed from the corporate limits of the City of Lexington:

TRACT #1

Beginning at a NCGS Monument "LIN" (N: 741,538.507 E: 1,610,130.116); thence North 89°30'21" West 806.83 feet (Horizontal Distance) to an iron pipe being the POINT OF BEGINNING; running thence North 86°09'02" East, a distance of 631.73 feet; thence North 09°28'01" East, a distance of 218.17 feet; thence North 82°18'25" East, a distance of 168.49 feet; thence North 03°29'34" West, a distance of 52.51 feet; thence North 85°21'00" East, a distance of 986.58 feet; thence North 00°36'56" East, a distance of 310.79 feet; thence South 80°30'27" East, a distance of 264.69 feet; thence North 03°46'49" East, a distance of 24.94 feet; thence South 80°31'17" East, a distance of 175.08 feet; thence North 03°43'54" East, a distance of 174.98 feet; thence South 80°31'28" East, a distance of 124.96 feet; thence North 01°28'42" West, a distance of 41.37 feet; thence North 28°15'03" West, a distance of 43.82 feet; thence North 61°37'30" East, a distance of 174.88 feet; thence North 34°45'49" East, a distance of 56.82 feet; thence North 34°49'27" West, a distance of 150.82 feet; thence North 25°06'23" East, a distance of 305.81 feet; thence South 78°33'25" East, a distance of 583.99 feet; thence North 11°27'09" East, a distance of 199.88 feet; thence North 78°26'32" West, a distance of 60.00 feet; thence North 45°20'16" East, a distance of 42.57 feet; thence North 47°56'33" East, a distance of 210.35 feet; thence North 48°58'19" East, a distance of 107.90 feet; thence North 48°34'38" East, a distance of 899.73 feet; thence North 38°45'18" East, a distance of 144.18 feet; thence North 11°59'09" East, a distance of 201.31 feet; thence North 57°38'23" East, a distance of 48.28 feet; thence North 04°42'17" East, a distance of 226.81 feet; thence South 85°25'24" East, a distance of 229.47 feet; thence South 04°36'41" West, a distance of 299.57 feet; thence South 85°26'24" East, a distance of 482.07 feet; thence North 17°01'39" East, a distance of 237.16 feet; thence North 18°38'21" West, a distance of 73.47 feet; thence South 83°42'27" East, a distance of 58.82 feet; thence South 56°38'30" East, a distance of 196.28 feet; thence South 53°24'32" East, a distance of 215.53 feet; thence South 47°28'44" East, a distance of 103.45 feet; thence South 32°36'52" East, a distance of 120.10 feet; thence South 15°24'33" East, a distance of 43.71 feet; thence South 40°44'12" West, a distance of 30.76 feet; thence South 27°02'10" West, a distance of 63.69 feet; thence South 05°50'59" West, a distance of 75.39 feet; thence South 18°22'14" West, a distance of 88.22 feet; thence South 13°04'15" West, a distance of 35.77 feet; thence South 11°33'42" East, a distance of 70.16 feet; thence South 05°15'17" East, a distance of 88.27 feet; thence South 02°03'18" West, a distance of 47.15 feet; thence South 14°14'17" East, a distance of 71.11 feet; thence South 08°50'43" East, a distance of 52.19 feet; thence South 14°14'54" East, a distance of 46.86 feet; thence South 23°47'45" West, a distance of 81.72 feet; thence South 27°37'48" West, a distance of 83.90 feet; thence South 62°02'34" West, a distance of 90.99 feet; thence South 71°29'42" West, a distance of 108.33 feet; thence South 77°31'50" West, a distance of 82.02 feet; thence South 49°53'16" West, a distance of 88.36 feet; thence South 37°37'50" West, a distance of 69.12 feet; thence South 54°55'12" West, a distance of 86.02 feet; thence South 23°07'29" West, a distance of 65.58 feet; thence South 06°48'29" West, a distance of 58.67 feet; thence South 05°24'23" West, a distance of 61.93 feet; thence South 40°25'27" West, a distance of 89.13 feet; thence South 41°13'56" West, a distance of 61.34 feet; thence South 14°38'06" West, a distance of 173.63 feet; thence South 62°38'58" West, a distance of 48.80 feet; thence South 05°11'40" West, a distance of 35.02 feet; thence South 50°40'55" East, a distance of 58.53 feet; thence South 29°46'29" East, a distance of 161.09 feet; thence South 04°18'50" East, a distance of 107.35 feet; thence South 23°27'45" East, a distance of 67.07 feet; thence South 43°07'39" East, a distance of 84.63 feet; thence South 70°18'15" East, a distance of 217.63 feet; thence North 81°25'34" East, a distance of 130.25 feet; thence South 47°47'32" East, a distance of 27.57 feet; thence South 24°22'49" West, a distance of 252.18 feet; thence South 09°54'01" West, a distance of 41.79 feet; thence South 30°42'14" East, a distance of 63.04 feet; thence South 87°39'24" East, a distance of 127.51 feet; thence South 60°18'48" East, a distance of 22.28 feet; thence South 02°45'53" West, a distance of 33.25 feet; thence South 59°04'07" West, a distance of 83.12 feet; thence South 37°01'00" West, a distance of 63.41 feet; thence South 06°48'44" West, a distance of 57.35 feet; thence South 15°09'46" East, a distance of 26.86 feet; thence South 53°43'23" East, a distance of 146.59 feet; thence South 18°45'18" East, a distance of 66.69 feet; thence South 51°33'03" West, a distance of 110.96 feet; thence South 06°59'31" West, a distance of 72.32 feet; thence South 54°55'10" West, a distance of 241.07 feet; thence South 21°46'36" West, a distance of 184.26 feet; thence South 08°40'29" West, a distance of 161.94 feet; thence South 36°55'19" West, a distance of 231.66 feet; thence South 46°52'23" East, a distance of 57.68 feet; thence South 11°48'51" East, a distance of 19.38 feet; thence North 73°52'25" West, a distance of 167.33 feet; thence North 89°28'26" West, a distance of 276.41 feet; thence North 89°32'02" West, a distance of 201.09 feet; thence South 82°21'02" West, a distance of 350.65 feet; thence South 87°06'25" West, a distance of 183.97 feet; thence South 84°46'32" West, a distance of 1,109.94 feet; thence South 84°43'21" West, a distance of 253.38 feet; thence South 76°44'10" West, a distance of 253.37 feet; thence South 79°07'43" West, a distance of 144.23 feet; thence South 77°47'20" West, a distance of 401.20 feet; thence South 76°20'06" West, a distance of 135.34 feet; thence South 79°47'18" West, a distance of 211.57 feet; thence South 75°33'56" West, a distance of 388.37 feet; thence South 78°16'11" West, a distance of 998.85 feet; thence North 89°12'22" West, a distance of 185.04 feet; thence North 06°33'11" East, a distance of 219.12 feet; thence North 85°05'57" West, a distance of 199.34 feet; thence North 85°16'12" West, a distance of 387.62 feet; thence North 01°19'56" East, a distance of 175.02 feet; thence North 85°34'31" West, a distance of 19.99 feet; thence North 14°47'34" East, a distance of 59.06 feet; thence North 01°13'06" East, a distance of 300.00 feet; thence South 85°28'25" East, a distance of 642.67 feet; thence North 06°32'47" East, a distance of 1,111.03 feet to the POINT OF BEGINNING, containing 332.28 acres, more or less, and being that property shown on plat of "Davidson County Airport Authority" recorded in the Davidson County Register of Deeds in Plat Book 46, page 92, and further being Lexington Township, Tax Map 349, Lot 20.

TRACT #2

Beginning at a point, said point being the northwestern corner of Lot 9 on Richard Drive Extension as shown on plat referenced below; running thence South 80°00'00" East, a distance of 175.00 feet; thence South 05°00'00" West, a distance of 175.00 feet; thence North 80°00'00" West, a distance of 175.00 feet; thence North 05°00'00" East, a distance of 175.00 feet to the POINT OF BEGINNING, containing 0.700 acres, more or less and being Lots 9,10,11,12,13,14 and 15 as shown on plat of "Sherman Acres" recorded in the Office of the Register of Deeds for Davidson County in Plat Book 12, page 34, and further being Lexington Township, Tax Map 349A, Lots 9‑15.

TRACT #3

Beginning at an existing iron in the Southwest right of way of Richard Drive, N.C.S.R. 1225, corner Roger E. Todd (Deed Book 650, Page 694); thence with the Southwest right of way of Richard Drive South 25 degs. 36' 27" East 128.62 feet to an existing iron at the intersection; thence again with Richard Drive a chord bearing and distance of South 37 degs. 43' 32" West 40.43 feet to an existing iron on the North right of way of Richard Drive; thence with the North right of way North 79 degs. 05' 15" West 172.69 feet to an existing iron, corner to Steve C. Barnhart (Deed Book 594, Page 269); thence with Barnhart's line North 25 degs. 46' 09" West 43.89 feet to an existing iron, Roger Todd's corner in Barnhart's line; thence with Todd's line North 64 degs. 21' 16" East 175.04 feet to the point and place of Beginning and containing 0.418 acres, more or less, and being a new survey of that property described in deed recorded in Deed Book 555, page 252, Davidson Country Registry, by Philip T. Hedrick, Registered Land Surveyor No. L‑3121, dated February 3,1998, and further being Lexington Township, Tax Map 349, Lot 18.

TRACT #4

Beginning at a concrete monument on the east right of way of Hargrave Road, SR 1224, corner to the right of way of Interstate 85, said beginning corner being located North 11 degrees 09 minutes 56 seconds East 307.93 feet from a concrete monument, N.C.G.S Mon. "Skunk" (NAD 83) coordinates N=739,36l.356 and E=l,610,099.208 (tie line); thence from said beginning corner with the right of way of Hargrave Road North 01 degrees 07 minutes 33 seconds East 281.53 feet to an existing iron, corner to Charlie L. Beck (Deed Book 320, Page 244); thence with Beck's line South 85 degrees 17 minutes 00 seconds East 387.46 feet to an existing iron, corner to Davidson County Airport Authority (Deed Book 947, Page 755); thence with the airport line South 85 degrees 04 minutes 03 seconds East 199.55 feet to an iron, corner to Davidson County Airport Authority (Deed Book 960, Page 1401); thence again with the airport line South 06 degrees 34 minutes 07 seconds West 219.11 feet to a concrete monument on the north right of way of Interstate 85; thence with the right of way of Interstate 85 the following three courses and distances: North 88 degrees 07 minutes 42 seconds West 360.75 feet to a concrete monument; South 77 degrees 52 minutes 23 seconds West 154. 43 feet to a concrete monument; and North 83 degrees 46 minutes 42 seconds West 54.20 feet to the point and place of beginning and containing 3.197 acres more or less and being the remaining land formerly owned by Wade P. Yarbrough described in deed recorded in Book 165, Page 217, Davidson County Registry according to map by J. Todd Everhart, RLS, dated November 24, 1997, Job Number 972334, and further being Lexington Township, Tax Map 349, Lot 4.

TRACT #5

Beginning at an iron along the right of way of Clyde Fitzgerald Road, common corner to Halyard North Carolina, Inc. (Deed Book 2190, Page 1152); thence with the line of said Halyard North 85° 16' 07'' East 148.92 feet to an iron; thence again with the line of Halyard North 02° 50' 32" East 167.24 feet to a concrete right of way monument on the right of way of NC Highway 85 (northbound ramp), said concrete right of way monument being located (tie) South 45° 29' 13" West 2367.56 feet (ground distance) from NCGS "EXXB" Primary Airport Control Station; thence with the right of way of NC Highway 85 North 85° 38' 37" East 401.07 feet to an iron, new comer of Roy L. and Linda P. Rowe (Deed Book 2051, Page 1152); thence a new line of Rowe South 51° 26' 17'' West 421.22 feet to an iron along the right of way of Clyde Fitzgerald Road; thence with the right of way of Clyde Fitzgerald Road the following two (2) courses and distances: a curve to the right with a chord bearing and length of North 79° 52' 27" West 76.26 feet along a radius of 1105.92 feet and an arc length of 76.27 feet to a concrete right of way monument; thence North 75° 29' 28" West 157.19 feet to the point and place of BEGINNING and containing 1.381 acres, more or less pursuant to a survey by Rodrick A. Sutton (L‑3228) dated September 14, 2017, and further being Cotton Grove Township, Tax Map 5, Lot 19A.

TRACT #6

Beginning at a Concrete Right of Way Monument, said monument being N: 738,787.643, E: 1,609,565.810, being the POINT OF BEGINNING; running thence South 02°50'32" West, a distance of 167.24 feet; thence South 85°16'07" West, a distance of 148.92 feet; thence North 71°42'45" West, a distance of 41.65 feet; thence North 73°14'50" West, a distance of 36.71 feet; thence North 74°28'51" West, a distance of 203.43 feet; thence North 08°40'18" West, a distance of 83.63 feet; thence North 85°04'49" East, a distance of 249.25 feet; thence South 89°09'36" East, a distance of 191.70 feet to the POINT OF BEGINNING, containing 1.449 acres, more or less, and being that property shown on plat of "Halyard North Carolina, Inc" recorded in Plat Book 72, Page 6, in the office of the Register of Deeds for Davidson County and further being Cotton Grove Township, Tax Map 5, Lot 20.

TRACT #7

Beginning at a Concrete Right of Way Monument, said monument being N: 738,568.946 E: 1,609,561.281, thence (tie line) South 13°51'56" East, a distance of 90.56 feet to the POINT OF BEGINNING; running thence South 51°26'17" West, a distance of 287.36 feet; thence North 38°33'43" West, a distance of 362.98 feet; thence North 85°06'09" East, a distance of 56.87 feet; thence South 73°28'50" East, a distance of 125.40 feet; thence South 72°52'10" East, a distance of 38.90 feet; thence South 74°29'00" East, a distance of 203.16 feet to the point of curve of a non‑tangent curve to the left, a radius of 1,185.92 feet; thence easterly along the arc a chord bearing of South 78°52'38" East, a chord length of 41.94 feet to the POINT OF BEGINNING, containing 1.267 acres, more or less, and being that property shown on plat of "Halyard North Carolina" recorded in Plat Book 72, Page 7, in the office of the Register of Deeds for Davidson County and further being Cotton Grove Township, Tax Map 5, Lot 11C.

SECTION 1.(b)  This section has no effect upon the validity of any liens of the City of Lexington for ad valorem taxes or special assessments outstanding before the effective date of this section. Such liens may be collected or foreclosed upon after the effective date of this section as though the property were still within the corporate limits of the City of Lexington.

SECTION 1.(c)  This section becomes effective June 30, 2022. Property in the territory described in Section 1(a) of this act as of January 1, 2022, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2022.

SECTION 2.(a)  The Davidson County Airport Authority shall purchase, and the City of Lexington shall sell to the Davidson County Airport Authority, the fire station building and equipment located at 285 Hargrave Road, Lexington, N.C., as noted on Card 16 of 16 of the Property Card for Davidson County Tax Office Parcel ID 11‑349‑0‑000‑0020, for two million dollars ($2,000,000).

SECTION 2.(b)  The sale required by this section shall be completed no later than December 31, 2022.


 

SECTION 3.  Except as otherwise provided, this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 1st day of July, 2022.

 

 

                                                                    s/  Phil Berger

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives