NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 1082
SENATE BILL 577

AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS OF HARNETT COUNTY TO CONVEY CERTAIN UNUSED AND SURPLUS PROPERTY, HELD FOR THE BENEFIT OF THE BOARD OF EDUCATION OF HARNETT COUNTY, TO ERWIN COTTON MILLS TO THE END THAT THE SAME MAY BE DONATED FOR CHURCH PURPOSES.

WHEREAS, the Erwin Cotton Mills Company, a North Carolina Corporation, on January 15, 1946, conveyed certain land in Erwin, North Carolina, to Harnett County, which said land is described in a deed registered in the office of the Register of Deeds of Harnett County, in Book 291, at page 311; and
WHEREAS, it was the intent and purpose of the grantor, Erwin Cotton Mills Company, that said property should be used for educational purposes, and the said deed above referred to contained a reverter clause which reads as follows: "If this property shall ever be used for anything except educational purposes, then and in such event the title thereto shall revert immediately to the party of the first part, his successors or assigns."; and
WHEREAS, it was the understanding between the officials of Erwin Cotton Mills Company and the Board of Education of Harnett County that the property would revert to the Erwin Cotton Mills Company if the use for educational purposes should be discontinued as shown by letter dated May 27, 1965, signed by the President of the Erwin Cotton Mills Company, K. P. Lewis, which said letter accompanied the delivery of the deed, and in recognition thereof the Harnett County Board of Education on February 18, 1946 passed a resolution recognizing that the property would revert to Erwin Cotton Mills Company if same ceased to be used for educational purposes, certain paragraphs of said resolution reading as follows:
"BE IT FURTHER RESOLVED, that this said property be accepted under the conditions as described in said deed namely, that the property remain in possession of the Harnett County Board of Education so long as it is used for educational purposes under the supervision of the Harnett County Board of Education as it is now constituted or its successors.
"BE IT FURTHER RESOLVED, that if at any time the present Board or its successors cannot comply with the conditions set forth in said deed and above resolution that this property shall revert to the Erwin Cotton Mills Company or its successors or assigns."; and
WHEREAS, said property is no longer being used by the Board of Education of Harnett County for educational purposes, and the Board of Education of Harnett County and the Board of County Commissioners of Harnett County desire to carry out the intent and purpose of said reverter clause, and the Erwin Cotton Mills Company, if title is again vested in it, desires to give this property to the Erwin Methodist Church: Now, therefore,

The General Assembly of North Carolina do enact:

Section 1. That the Board of County Commissioners of Harnett County is hereby authorized, empowered and directed to convey to Erwin Cotton Mills Company all of that certain tract, parcel or lot of land known as "The Erwin Teacherage" and which said lot or parcel of land is fully described by metes and bounds in that certain deed executed by Erwin Cotton Mills Company to Harnett County on January 15, 1946, which said deed is recorded in the office of the Register of Deeds of Harnett County, in Deed Book No. 291, at page 311, reference to said deed being hereby made for purposes of description.
Sec. 2. The Board of County Commissioners of Harnett County shall convey said property, above referred to, without consideration, and the said Board of County Commissioners of Harnett County is hereby authorized and directed to prepare and execute any and all necessary deed or deeds, or other title papers, to effectuate the directions and purposes of this Act. The Board of Education of Harnett County is hereby empowered, authorized and directed to join in the execution of said deed for the purpose of conveying and releasing to the Erwin Cotton Mills Company any and all beneficial interest that it may have or hold with reference to said property and in order to give and convey a good and sufficient title to said property.
Sec. 3. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.
Sec. 4. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 16th day of June, 1965.