NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 584

SENATE BILL 411

 

 

AN ACT TO AUTHORIZE THE PERSON COUNTY BOARD OF EDUCATION TO SELL AND CONVEY TO CAROLINA POWER & LIGHT COMPANY CERTAIN LANDS REQUIRED FOR THE STEAM ELECTRIC GENERATING PLANT AND APPURTENANT FACILITIES WHICH SAID COMPANY PROPOSES TO CONSTRUCT AND OPERATE IN PERSON COUNTY, NORTH CAROLINA, AND TO RESTRICT OTHER SALES.

 

WHEREAS, the Person County Board of Education owns a large tract or parcel of land in Cunningham Township, Person County, which was devised by the will of John C. Terrell, deceased, to the Cunningham School District for public school purposes, and which is known as "The Terrell Farm";

WHEREAS, said land is not now used or needed for school purposes and is being managed and operated as a farm by trustees pursuant to the provisions of Chapter 1026 of the 1961 Session Laws;

WHEREAS, portions of said land lying along the North Branch of Cane Creek and along Terrell Branch, lying below contour elevation 420 feet above mean sea level, and comprising 21.24 acres, are required as a part of the reservoir of the steam electric generating plant which Carolina Power & Light Company, a North Carolina public service corporation, proposes to construct and operate on Hyco River, in Person County;

WHEREAS, said company has offered to purchase and the Person County Board of Education proposes to sell to the company said 21.24 acres of land for the sum of two thousand six hundred eighty-seven dollars ($2,687.00), which represents the full and fair market value thereof; and

WHEREAS, consummation of the proposed sale will serve the best interests of the Person County Board of Education: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. The Person County Board of Education is hereby authorized and empowered to sell and convey unto Carolina Power & Light Company, a North Carolina public service corporation, its successors and assigns, for a cash consideration of two thousand six hundred eighty-seven dollars ($2,687.00), the following described portion of "The Terrell Farm," lying and being in Cunningham Township, Person County, North Carolina:

Beginning at an iron pipe marking the intersection of contour elevation 420 feet above mean sea level with a southern line of the Person County Board of Education and a northern line of Clyde T. Barker, said point having North Carolina Coordinates Y=1,009,864.44; X=1,980,198.96, said beginning point being located North 73 degrees 18 minutes 23 seconds East 860.43 feet from the corner of the lands of Person County Board of Education and Merriwether Cunningham, et al., in the line of Clyde T. Barker, said point having North Carolina Coordinates Y=1,009,617.02; X=1,979,375.02, and runs thence, with and along said 420-foot contour line, as follows: North 60 degrees 31 minutes 53 seconds East 105.99 feet to an iron pipe, North 53 degrees 10 minutes 58 seconds East 53.05 feet to an iron pipe, North 47 degrees 09 minutes 50 seconds East 68.68 feet to an iron pipe, North 8 degrees 51 minutes 18 seconds East 47.67 feet to an iron pipe, North 24 degrees 24 minutes 02 seconds West 95.07 feet to an iron pipe, North 8 degrees 50 minutes 17 seconds West 155.99 feet to an iron pipe, North 43 degrees 35 minutes 69 seconds West 229.00 feet to an iron pipe, North 85 degrees 34 minutes 34 seconds West 111.52 feet to an iron pipe, South 53 degrees 36 minutes 46 seconds West 81.05 feet to an iron pipe, South 2 degrees 35 minutes 20 seconds West 40.53 feet to an iron pipe, North 50 degrees 31 minutes 39 seconds West 84.83 feet to an iron pipe, North 64 degrees 35 minutes 33 seconds West 72.75 feet to an iron pipe, South 63 degrees 00 minutes 00 seconds West 67.34 feet to an iron pipe, South 59 degrees 57 minutes 57 seconds West 67.32 feet to an iron pipe, South 70 degrees 31 minutes 03 seconds West 60.80 feet to an iron pipe, North 81 degrees 37 minutes 34 seconds West 71.52 feet to an iron pipe, and South 70 degrees 28 minutes 13 seconds West 212.71 feet to an iron pipe in a western line of the Person County Board of Education and an eastern line of Merriwether Cunningham, et al.; thence, with and along said line, North 1 degree 29 minutes 11 seconds East 66.01 feet to an iron pipe in said 420-foot contour line; thence, with and along said 420-foot contour line, as follows: North 52 degrees 04 minutes 41 seconds East 168.40 feet to an iron pipe, North 58 degrees 47 minutes 42 seconds East 329.04 feet to an iron pipe, North 68 degrees 07 minutes 46 seconds East 50.32 feet to an iron pipe, South 85 degrees 25 minutes 11 seconds East 62.91 feet to an iron pipe, North 9 degrees 38 minutes 21 seconds East 107.77 feet to an iron pipe, North 49 degrees 06 minutes 45 seconds West 178.68 feet to an iron pipe, North 77 degrees 31 minutes 03 seconds West 145.93 feet to an iron pipe, North 41 degrees 46 minutes 14 seconds West 60.29 feet to an iron pipe, North 56 degrees 38 minutes 29 seconds West 118.34 feet to an iron pipe, North 32 degrees 49 minutes 20 seconds West 92.58 feet to an iron pipe, North 20 degrees 39 minutes 25 seconds West 81.96 feet to an iron pipe, and North 6 degrees 47 minutes 13 seconds West 91.13 feet to an iron pipe in said western line of the Person County Board of Education and eastern line of Merriwether Cunningham, et al.; thence, with and along said line, North 1 degree 29 minutes 11 seconds East 123.52 feet and thence North 1 degree 59 minutes 08 seconds East 25 feet to an iron pipe in said 420-foot contour line; thence, with and along said 420-foot contour line, as follows: South 37 degrees 25 minutes 37 seconds East 128.38 feet to an iron pipe, South 28 degrees 26 minutes 49 seconds East 107.94 feet to an iron pipe, South 52 degrees 49 minutes 08 seconds East 209.47 feet to an iron pipe, South 63 degrees 06 minutes 01 seconds East 82.33 feet to an iron pipe, North 43 degrees 32 minutes 31 seconds East 100.90 feet to an iron pipe, North 22 degrees 27 minutes 10 seconds East 120.22 feet to an iron pipe, South 3 degrees 15 minutes 39 seconds West 106.99 feet to an iron pipe, South 11 degrees 42 minutes 08 seconds East 55.42 feet to an iron pipe, South 27 degrees 23 minutes 45 seconds West 88.25 feet to an iron pipe, South 7 degrees 57 minutes 12 seconds East 35.17 feet to an iron pipe, South 40 degrees 15 minutes 45 seconds East 66.71 feet to an iron pipe, South 61 degrees 25 minutes 35 seconds East 77.07 feet to an iron pipe, North 78 degrees 28 minutes 04 seconds East 64.82 feet to an iron pipe, South 15 degrees 01 minute 22 seconds East 72.88 feet to an iron pipe, South 27 degrees 20 minutes 13 seconds East 140.10 feet to an iron pipe, South 45 degrees 45 minutes 35 seconds East 99.74 feet to an iron pipe, South 20 degrees 10 minutes 33 seconds East 72.62 feet to an iron pipe, South 46 degrees 46 minutes 37 seconds East 102.52 feet to an iron pipe, North 45 degrees 48 minutes 06 seconds East 102.66 feet to an iron pipe, North 54 degrees 54 minutes 53 seconds East 134.68 feet to an iron pipe, North 59 degrees 22 minutes 10 seconds East 95.11 feet to an iron pipe, North 36 degrees 51 minutes 32 seconds East 65.36 feet to an iron pipe, South 4 degrees 32 minutes 11 seconds East 57.18 feet to an iron pipe, South 42 degrees 47 minutes 59 seconds West 104.58 feet to an iron pipe, South 36 degrees 04 minutes 55 seconds West 111.08 feet to an iron pipe, South 14 degrees 41 minutes 28 seconds West 101.64 feet to an iron pipe, South 10 degrees 28 minutes 59 seconds East 117.12 feet to an iron pipe, South 20 degrees 06 minutes 42 seconds East 80.67 feet to an iron pipe, South 23 degrees 16 minutes 41 seconds East 121.00 feet to an iron pipe, South 29 degrees 42 minutes 19 seconds East 147.51 feet to an iron pipe, South 89 degrees 58 minutes 43 seconds East 77.29 feet to an iron pipe, North 81 degrees 20 minutes 09 seconds East 63.50 feet to an iron pipe, North 32 degrees 56 minutes 58 seconds East 67.11 feet to an iron pipe, North 87 degrees 15 minutes 12 seconds East 47.94 feet to an iron pipe, South 39 degrees 18 minutes 58 seconds West 69.80 feet to an iron pipe, South 58 degrees 27 minutes 43 seconds West 50.17 feet to an iron pipe, South 30 degrees 04 minutes 07 seconds West 147.86 feet to an iron pipe, South 40 degrees 17 minutes 03 seconds East 109.60 feet to an iron pipe, South 56 degrees 35 minutes 01 second East 153.51 feet to an iron pipe, South 47 degrees 13 minutes 09 seconds East 136.04 feet to an iron pipe, South 52 degrees 03 minutes 28 seconds East 68.88 feet to an iron pipe, North 88 degrees 05 minutes 21 seconds East 81.37 feet to an iron pipe, North 24 degrees 46 minutes 44 seconds East 109.61 feet to an iron pipe, South 59 degrees 28 minutes 00 seconds East 66.03 feet to an iron pipe, South 70 degrees 03 minutes 06 seconds East 92.38 feet to an iron pipe, North 82 degrees 53 minutes 46 seconds East 101.55 feet to an iron pipe, North 51 degrees 23 minutes 26 seconds East 107.60 feet to an iron pipe, North 9 degrees 02 minutes 37 seconds West 71.79 feet to an iron pipe, North 11 degrees 09 minutes 51 seconds West 80.35 feet to an iron pipe, South 89 degrees 12 minutes 52 seconds East 54.73 feet to an iron pipe, North 4 degrees 41 minutes 35 seconds East 61.08 feet to an iron pipe, North 79 degrees 58 minutes 51 seconds East 71.70 feet to an iron pipe, North 37 degrees 26 minutes 35 seconds East 127.66 feet to an iron pipe, North 54 degrees 49 minutes 25 seconds East 107.67 feet to an iron pipe, North 18 degrees 55 minutes 44 seconds East 154.28 feet to an iron pipe, North 3 degrees 16 minutes 12 seconds East 110.43 feet to an iron pipe, North 61 degrees 32 minutes 13 seconds West 37.60 feet to an iron pipe, North 4 degrees 01 minute 23 seconds East 40.52 feet to an iron pipe, North 28 degrees 11 minutes 22 seconds East 44.97 feet to an iron pipe, North 0 degrees 29 minutes 44 seconds West 103.10 feet to an iron pipe, South 45 degrees 18 minutes 47 seconds East 39.95 feet to an iron pipe, South 81 degrees 17 minutes 26 seconds East 98.61 feet to an iron pipe, North 56 degrees 07 minutes 00 seconds East 137.43 feet to an iron pipe, North 21 degrees 23 minutes 54 seconds East 70.80 feet to an iron pipe, and North 79 degrees 41 minutes 02 seconds East 68.36 feet to an iron pipe in the run of the North Branch of Cane Creek, a western line of Ruby Carter; thence, down and with the run of the North Branch of Cane Creek and with said line of Ruby Carter, as follows: South 13 degrees 30 minutes 46 seconds West 29.43 feet to a stake, South 25 degrees 40 minutes 00 seconds West 124.49 feet to a stake, South 55 degrees 04 minutes 00 seconds West 234.84 feet to a stake, South 78 degrees 26 minutes 00 seconds West 43.07 feet to a stake, South 10 degrees 21 minutes 00 seconds East 145.05 feet to a stake, South 12 degrees 47 minutes 00 seconds West 160.94 feet to a stake, South 36 degrees 09 minutes 00 seconds West 433.44 feet to a stake, South 30 degrees 14 minutes 00 seconds West 99.19 feet to a stake, South 9 degrees 59 minutes 00 seconds East 144.64 feet to a stake, South 78 degrees 19 minutes 00 seconds West 176.26 feet to a stake, North 69 degrees 32 minutes 00 seconds West 130.59 feet to a stake, South 16 degrees 39 minutes 00 seconds East 111.90 feet to a stake, South 22 degrees 52 minutes 00 seconds West 74.32 feet to a stake, South 70 degrees 49 minutes 00 seconds West 73.41 feet to a stake, South 65 degrees 07 minutes 00 seconds West 110.67 feet to a stake, and South 25 degrees 43 minutes 00 seconds West 263.03 feet to a stake at the intersection of the run of the North Branch of Cane Creek and the run of Terrell Branch, an eastern line of Clyde T. Barker; thence, up and with the run of Terrell Branch and with said line of Clyde T. Barker, as follows: North 17 degrees 42 minutes 00 seconds West 82.35 feet to a stake, North 3 degrees 58 minutes 00 seconds East 358.13 feet to a stake, North 41 degrees 31 minutes 00 seconds West 199.46 feet to a stake, North 86 degrees 49 minutes 00 seconds West 145.40 feet to a stake, and North 38 degrees 48 minutes 00 seconds West 384.74 feet to a stake, thence, leaving the run of Terrell Branch and running with and along a southern line of the Person County Board of Education and a northern line of Clyde T. Barker, South 73 degrees 18 minutes 23 seconds West 300.95 feet to the point of beginning, containing 21.24 acres, and being the lands shown and described as Parcel "A" Required on Map of Tract No. 19, entitled "Land To Be Acquired from Person County Board of Education by Carolina Power & Light Co., Hyco River Project, Person County, North Carolina," dated January, 1963, and designated as Drawing No. HY 51.

Sec. 2. The Person County Board of Education is authorized and empowered to receive the proceeds from the sale of the above described lands and shall use the same for public school purposes, as if it were income received pursuant to the provisions of Chapter 1026 of the 1961 Session Laws.

Sec. 3. No other portion of "The Terrell Farm" aforesaid shall be offered for sale at any time without the prior assent of the Trustees appointed pursuant to the provisions of Chapter 1026 of the 1961 Session Laws.

Sec. 4. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 5. 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 28th day of May, 1963.