Title: S871 [Ratified]
Category: Introduced Bill 2013

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013

SENATE BILL 871
RATIFIED BILL

AN ACT to remove certain described property from the corporate limits of the city of raleigh and to add the property to the corporate limits of the city of durham and to make changes to S.L. 2013‑386.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  The following described property is removed from the corporate limits of the City of Raleigh:
PIN 0768‑39‑2255 (0.35 acre)
PIN 0768‑39‑4288 (0.07 acre)
PIN 0768‑39‑6587 (0.65 acre).
SECTION 1.(b)  This section has no effect upon the validity of any liens of the City of Raleigh 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 City of Raleigh.
SECTION 1.(c)  The following described property is added to the corporate limits of the City of Durham:
PIN 0768‑39‑2255 (0.35 acre)
PIN 0768‑39‑4288 (0.07 acre)
PIN 0768‑39‑6587 (0.65 acre).
SECTION 1.(d)  This section becomes effective June 30, 2014.
SECTION 2.  G.S. 160A‑329(b) reads as rewritten:
"(b)	For purposes of this section, prior to the effective date of the annexation of the property, the term "municipal services" only means water and sewer services, but only if the municipality has water and sewer capacity. For purposes of this section, prior to or after the effective date of annexation into a municipality, for any property subject to a declaration of covenants, conditions, and restrictions of a subdivision that permits an association to enter into agreement with utility providers prior to July 1, 2014, "municipal services" includes water service but not sewer service despite any language to the contrary in an executed and recorded utility extension agreement. For purposes of this section, prior to the effective date of annexation, the term "municipal services" specifically does not include any of the following services of the municipality: police protection, fire protection, solid waste services, or street maintenance services."
SECTION 3.  Section 2 of S.L. 2013‑386 reads as rewritten:
"SECTION 2.  Effective June 3, 2023, the corporate limits of the City of Durham are extended by adding the following described property:

751 SOUTH ANNEXATION AREA TRACTS/PARCELS
A certain tract or parcel of land lying and being in the county of Durham, Triangle Township, North Carolina, being more fully described as follows:
Commencing at NC Grid Monument "Martine" having NAD 83 North Carolina State Plane values of y = 236649.284m and x = 613545.162m; thence from said monument S 30°57'01"e, for a distance of 768.77' to an existing iron pipe having North Carolina State Plane values of y = 236448.339m and x = 613665.665m and being the true point of beginning; thence in a northeasterly direction, N 57°07'16"e, for a distance of 34.66' to a point; thence with the line of the center line of NC Highway 751, S 32°52'44"e, for a distance of 1,551.59' to a point; thence in a generally northeasterly direction, N 57°07'16"e, for a distance of 32.72' to an existing iron pipe; thence in a southeasterly direction, S 86°16'29"e, for a distance of 10.45' to an existing iron pipe; thence with the line of now or formerly Chancellors Ridge HOA, S 86°24'07"e, for a distance of 216.17' to an existing iron pipe; thence with the line of now or formerly Mary C. Turner, S 00°26'30"w, for a distance of 335.16' to an existing iron pipe; thence in a southwesterly direction, S 57°18'26"w, for a distance of 30.52'; thence with the center line of NC Highway 751, S 32°41'34"e, for a distance of 118.62' to a point; thence continuing with said line, S 33°02'59"e, for a distance of 731.00' to a point; thence continuing with said line, S 32°57'53"e, for a distance of 415.55' to a point; thence continuing with said line, S 32°56'08"e, for a distance of 1,126.65' to a point; thence in a northwesterly direction, N 89°14'00"w, for a distance of 36.68' to an existing iron pipe; thence with the line of now or formerly Seven Five One Investments, LLC, N 89°14'00"w, for a distance of 268.97' to an existing iron pipe; thence with the line of now or formerly Seven Five One Investments, LLC, N 89°29'56"w, for a distance of 1,579.97' to an existing iron pipe; thence with the line of now or formerly Seven Five One Investments, LLC, n89°30'43"w, for a distance of 839.77' to an existing iron pipe; thence with the line of now or formerly United States of America, N 75°00'42"w, for a distance of 519.06' to an existing concrete monument; thence continuing with said line, N 30°11'02"e, for a distance of 1,029.17' to an existing concrete monument; thence continuing with said line, N 38°16'43"w, for a distance of 784.32' to an existing iron pipe; thence continuing with said line, S 86°37'55"e, for a distance of 642.69' to an existing iron pipe; thence continuing with said line, N 16°46'38"w, for a distance of 176.43' to an existing iron pipe; thence with the line of now or formerly United States of America, N 16°47'45"w, for a distance of 433.28' to an existing iron pipe; thence continuing with said line, N 89°31'40"w, for a distance of 871.70' to an existing iron pipe; thence continuing with said line, N 38°08'32"e, for a distance of 416.49' to an existing iron pipe; thence continuing with said line, N 78°44'36"w, for a distance of 514.35' to an existing iron pipe; thence continuing with said line, N 16°19'20"e, for a distance of 927.30' to an existing iron pipe; thence continuing with said line, N 44°29'56"e, for a distance of 498.53' to an existing concrete monument; thence continuing with said line, S 73°14'47"e, for a distance of 857.25' to an existing iron pipe; thence continuing with said line, S 86°33'52"e, for a distance of 24.92' to the point and place of beginning, containing 7,426,585 square feet or 170.491 acres, more or less according to survey entitled "Land Title Survey Prepared for Southern Durham Development, Inc." dated December 2007 prepared by Jonathan F. Murphy Pls l‑4382, with Murphy Geomatics located at 6308 J. Richard Drive, Raleigh, N.C. 27617, to which reference is made for a more perfect and complete description.
Also, a certain tract or parcel of land lying and being in the county of Durham, Triangle Township, North Carolina, being more fully described as follows:
Commencing at NC Grid Monument "Martine" having NAD 83 North Carolina State Plane values of y = 236649.284m and x = 613545.162m; thence from said monument S 30°57'01"e, for a distance of 768.77' to an existing iron pipe having North Carolina State Plane values of y = 236448.339m and x = 613665.665m and being the true point of beginning; thence with the line of the southwesterly right‑of‑way of NC Highway 751, S 32°52'44"e, for a distance of 1,507.27' to an existing iron pipe; thence continuing with said line, S 32°33'08"w, for a distance of 210.87' to an existing iron pipe; thence continuing with said line, S 32°41'34"e, for a distance of 366.69' to an existing iron pipe in the westerly right‑of‑way of NC Highway 751; thence in a generally northwesterly direction, N 05°27'49"w, for a distance of 133.40' to an existing iron pipe in the easterly right‑of‑way of NC Highway 751 and said iron pipe being the point of beginning; thence with the line of the right‑of‑way of NC Highway 751, N 32°37'02"w, for a distance of 414.82' to an existing iron pipe; thence continuing with said line, S 86°16'29"e, for a distance of 10.45' to an existing iron pipe; thence with the line of now or formerly Chancellors Ridge HOA, S 86°24'07"e, for a distance of 216.17' to an existing iron pipe; thence with the line of now or formerly Mary C. Turner, S 00°26'30"w, for a distance of 335.16' to the point and place of beginning, containing 37,918 square feet or 0.870 acres, more or less according to survey entitled "Rezoning Plat Prepared for Seven Five One Investments, LLC. of Colvard Farms Property" dated December 2007 prepared by Jonathan F. Murphy Pls l‑4382, with Murphy Geomatics located at 6308 J. Richard Drive, Raleigh, N.C.27617, to which reference is made for a more perfect and complete description."
SECTION 4.(a)  The City of Durham may annex the property described in Section 4(b) of this act under the following conditions:
(1)	The City annexes the described property during the 180 days after June 3, 2023.
(2)	The City annexes the described property in one of the following ways:
a.	Under the process set forth in Article 4A of Chapter 160A of the General Statutes.
b.	Notwithstanding Article 4A of Chapter 160A of the General Statutes, the City holds a public hearing on the question of annexation, upon at least 10 days' notice published at least once in a newspaper having general circulation in the City. At the public hearing, any person resident or owning property in the area to be annexed or the City shall be given an opportunity to be heard. The City Council may then, in its sole discretion, approve or disapprove an ordinance annexing the described property.
SECTION 4.(b)  The City of Durham may extend its corporate limits in accordance with Section 4(a) of this act by adding the following described property:

COLVARD FARMS TRACT
Beginning at an iron pin at the northeastern corner of the United States of America situated on the western right‑of‑way of N.C. Highway 751, said point being located N 34 deg.19'27" W, 1034.39 ft. from North Carolina Geodic Survey monument "Lucas" having NAD 1983 coordinates of North 771,088.0540, and East 2,016,390.0780; thence from the point of Beginning leaving the western right‑of‑way of N.C. Highway 751 along the northern line of United States of America, S 38 deg.41'06"W, 378.28 ft. to an iron pin; thence S 09 deg.12'15"W, 261.17 ft. to an iron pin; thence S 09 deg.12'15"W, 316.59 ft. to an iron pin; thence S 45 deg.38'27"W, 341.73 ft. to a point in the centerline of a stream; thence S 07 deg.47'55"W, 517.91 ft. to an iron pin in a Duke Energy Company easement; thence S 70 deg. 27'24"W, 211.58 ft. to an iron pin at the northeastern corner of Jeffrey W. Massey; thence along the northern line of Jeffrey W. Massey and Lloyd Allen Massey, N 88 deg.45'27"W, 1133.83 ft. to 5/8" diameter iron pipe; thence S 16 deg.24'44"W, 156.24 ft. to a point in the northern line of Cleo Cole, et al.; thence S 86 deg.55'26"W, 403.22 ft. to an iron pin; thence leaving the northern line of Cleo Cole, et al., along the eastern line of Colvard Farms Homeowners Association, N 01 deg.49'11"E, 214.46 ft. to an iron pin; thence N 00 deg.30'28"W, 214.46 ft. to an iron pin; thence N 02 deg.41'48"W, 106.32 ft. to a 3/4" diameter iron pipe at the southeastern corner of L&K Properties of NC, LLC; thence along the eastern line of L&K Properties, LLC, and Walter J. Kozak, N 04 deg.59'54"W, 421.90 ft. to a 3/4" diameter pipe on the southern line of Millennium Commercial Properties, LLC; thence along the southern line of Millennium Commercial Properties, LLC, N 87 deg.53'31"E, 480.87 ft. to a point; thence N 01 deg.40'48"E, 97.74 ft. to an iron pin; thence N 88 deg.18'25"E, 4.94 ft. to a point; thence N 00 deg.23'08"E, 22.43 ft. to an iron pin; thence S 87 deg.52'37"W, 257.24 ft. to a 5/8" diameter iron pipe; thence N 17 deg.49'10"W, 650.46 ft. to a 3/4" diameter iron pipe on the southern line of United States of America; thence N 67 deg.58'57"E, 130.79 ft. to a 5/8" diameter pipe; thence N 54 deg.56'04"W, 389.78 ft. to a 5/8" diameter iron pipe; thence N 75 deg.06'12"W, 185.89 ft. to a 3/4" diameter iron pipe on the southern line of Southern Durham Development, LLC; thence along the southern line of Southern Durham Development, LLC, S 89 deg.29'57"E, 839.78 ft. to a 3/4" diameter iron pipe; thence S 89 deg.56'10"E, 670.70 ft. to an iron pin; thence S 89 deg.09'36"E, 909.21 ft. to a 1" diameter iron pipe; thence S 89 deg.07'00"E, 269.18 ft. to a 3/4" diameter iron pipe on the western right‑of‑way of N.C. Highway 751; thence along the western right‑of‑way of N.C. Highway 751, S 35 deg.33'20" E, 200.13 ft. to an iron pin; said point being the point and place of Beginning; containing 87.125 acres and being a parcel situated near the southwestern corner of N.C. Highway 751 and the Chatham County line.
SECTION 5.  Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 30^th day of June, 2014.

	s/	 Daniel J. Forest
	 President of the Senate

	s/	 Tim Moore
	 Presiding Officer of the House of Representatives

	_____________________________________
		 Pat McCrory
	 Governor

Approved __________.m. this ______________ day of ___________________, 2014

Page 	 	S871 [Ratified]

S871 [Ratified]	 	Page

*S871-v-5*