NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1275

HOUSE BILL 1677

 

 

AN ACT TO REMOVE CERTAIN AREAS FROM WITHIN THE CORPORATE LIMITS OF THE CITY OF RALEIGH AND THE TOWN OF CARY, RESPECTIVELY.

 

The General Assembly of North Carolina enacts:

 

Section 1. All the area included in the following property description is hereby removed from the corporate limits of the City of Raleigh, to wit:

Beginning at a point in the existing City Limits of Raleigh in the existing Northwest right of way of S.R. 1315 (Buck Jones Road), said point also being in a line normal to station 25 plus 00 Y revised in the western controlled right of way of proposed I-40 as shown on Sheet R/W-5 as found in Preliminary Plans, ROW Plans, Proposed I-40, State Project Reference No. 8.1475203; thence southwesterly with the existing city limits and the northwest right of way of S.R. 1315, 275 feet more or less to its point of intersection with the southern property line extended of Lot 259, Wake County Tax Map 574; thence with the existing City Limits and the southern property line extended of said Lot 259 S 87°10' E. 605 feet more or less to its point of intersection with the western controlled access right of way of I-40 as shown on Sheet R/W-5 of said Preliminary Plans for I-40; thence with said right of way of I-40 northwesterly 415 feet more or less to a concrete marker at a station designated as plus 20/280' L on Sheet R/W-5 of said Preliminary Plans for I-40; thence with the western controlled access right of way of proposed I-40 southwesterly 190 feet more or less to a concrete marker at a station designated as 25 plus 00, END FENCE, said point being on the southeastern side of S.R. 1315; thence northwesterly along a line normal to station 25 plus 00 Y revised in the western controlled access right of way of I-40 as found on sheet R/W-5 of said Preliminary Plans for I-40, 62 feet more or less to the point of beginning. Further reference is made to State Highway Commission Right-of-Way Plans, Vol. I, p. 48-51, Wake County Registry.

Sec. 2. Section 1 of this act shall have 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.

Sec. 3. As provided in G.S. 160A-360, the area described in Section 1 of this act shall be a part of the City of Raleigh's extraterritorial jurisdictional area for purposes of planning and the regulations of development

Sec. 4. All the area included in the following property description is hereby removed from the corporate limits of the Town of Cary, to wit:

Beginning at a point in the existing town limits of Cary in the existing northwest right of way of S.R. 1315 (Buck Jones Road), said point also being in a line normal to station 25 plus 00 Y revised in the Western controlled right of way of proposed I-40 as shown on Sheet R/W-5 as found in Preliminary Plans, ROW Plans, Proposed I-40, State Project Reference No. 8.1475203; thence northwesterly along a line normal to station 25 plus 00 Y revised in the Western controlled access right of way of I-40 as found on Sheet R/W-5 of said Preliminary Plans for I-40, 88 feet more or less to a concrete marker at a station designated as 25 plus 00, END FENCE, said point being on the northwestern side of S.R. 1315; thence northerly along the Western controlled access right of way of I-40, 4,525 feet more or less to a concrete marker, said marker being at the intersection of a line designated as "Begin I-40 Construction Participation" on Sheet 42 of the Preliminary Plans for the Proposed I-40, from existing I-40 approximately 2.3 miles West of Raleigh City Limits to just West of Buck Jones Road, Project Reference No. 8.1475302 and the Western controlled access right of I-40; thence northerly across this proposed Western Boulevard Extension along said line designated as "Begin I-40 Construction Participation" 320 feet more or less to a concrete marker in the Western controlled access right of way of I-40; thence northeasterly along the Western controlled access right of way of I-40, 160 feet more or less to a concrete marker in said right of way and ramp C, the exit ramp for southbound traffic from I-40 toward the proposed Western Boulevard Extension; thence with the Western controlled access right of way of I-40 and said Ramp C northerly 15 feet more or less to its point of intersection with the corporate limits of the Town of Cary; thence with the Cary Town Limits South 86°15' East 860 feet more or less to a point located at the southeastern corner of the property of Frank Strother; runs thence North 4°15' East 143 feet to an iron stake located at the northwestern corner of the land conveyed to Horace C. Powell by deed recorded in Book 1734, Page 171, Wake County Registry; runs thence North 89°35' East 1335 feet to an iron pipe, located at the northeastern corner of said Powell property; runs thence South 1°45' East 855.5 feet to an iron stake in the line of the Ben Tucker Heirs property; runs thence South 2° West 1113.75 feet to an iron stake located in the northern line of the property of Watts and Bunn; runs thence along the northern line of said Watts and Bunn property in an eastern direction 589.9 feet to an iron stake; runs thence South along the property now or formerly owned by William A. Wilson South 4° West 612.46 feet to a stake located at the northeastern corner of the property of Zeb Jeffries; runs thence along said Jeffries property North 85° West 200 feet to a point; South 4° West 200 feet and South 85° East 200 feet to a point located in the northeastern corner of the property of Holden and Lee; thence with the Western line of the property of Riddle-Floyd North 4°45' West 218 feet more or less to the northwestern corner of said property of Riddle-Floyd; thence with the northern property line of the property of Riddle-Floyd South 86°10' East 1565 feet more or less to its intersection with the Western right of way line of S.R. 1315 (Buck Jones Road); thence along the Western right of way of S.R. 1315 southwesterly 1,700 feet more or less to the point of beginning. Further reference is made to State Highway Commission Right-of-Way Plans, Volume I, pgs. 48-51, Wake County Register.

Sec. 5. Section 4 of this act shall have no effect upon the validity of any liens of the Town of Cary for ad valorem taxes and 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 Town of Cary.

Sec. 6. As provided in G.S. 160A-360, the area described in Section 4 of this act shall be a part of the Town of Cary's extraterritorial jurisdictional area for the purposes of planning and the regulation of development.

Sec. 7. If any provision of this act or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Sec. 8. All laws and portions of laws in conflict with this act are hereby repealed.

Sec. 9. This act shall become effective June 30, 1980.

In the General Assembly read three times and ratified, this the 25th day of June, 1980.