S.L. 1975-596

1975 SESSION

CHAPTER 596

HOUSE BILL 881

AN ACT TO ANNEX CERTAIN AREAS TO THE TOWN OF ABERDEEN.

Whereas, the Town of Aberdeen desires to annex certain areas into the town but due to the nature of the areas they do not qualify for annexation under general law; and

Whereas, the town anticipates receiving a grant for the purpose of providing water and sewer into the areas to be annexed; and

Whereas, the town is now prepared to furnish police protection, garbage collection and all other services to which citizens of the town are entitled if the areas are annexed; Now, therefore,

The General Assembly of North Carolina enacts:

Section 1. The areas hereinafter described, and the property and inhabitants therein, are hereby annexed into the Town of Aberdeen.

Area 1. BEGINNING at a point in the existing corporate limit line, said point being the point of intersection of the northern right of way line of Johnson Street and the western right of way line of Poplar Street; thence with the existing corporate limit line, said line being the western right of way line of Poplar Street North 27 degrees 35 minutes East 100 feet to a point, said point being a corner of the existing corporate limit line in the Western right of way line of Poplar Street; thence in a southeasterly direction crossing Poplar Street 1070 feet, more or less, to the northeast corner of Lot No. 39 in the "Winford Downs Subdivision" as recorded in Plat Book 9 page 77, said point also being in the western right or way line of the Seaboard Coast Line Railroad; thence in a southwesterly direction along the eastern property line of Lots 36, 37, 38 and 39 of said "Winford Downs Subdivision" and the western right of way line of the Seaboard Coast Line Railroad, 624 feet, to a point, said point being the southeast corner of Lot No. 36 in the "Winford Downs Subdivision"; thence in a northwesterly direction along the southern property line of Lot No. 36, 75 feet, to a point, said point being the northeast corner of Lot No. 35 in the southern property line of Lot No. 36 and 200 feet East of the eastern right of way line of Eastview Drive; thence in a southwesterly direction 1455.5 feet, along the eastern property line of Lots Nos. 30, 31, 32, 33, 34, 35 and the western property line of Lot. No. 40 crossing Fifth Street as shown on plat of "Winford Downs Subdivision" in plat book 9, page 66 and crossing through Lot Nos. 95, 96, 97, 98, 99 and 100 of the "Ridgeview Subdivision" as recorded in plat book 7, page 15 also crossing Fourth Street to a point in the northern property line of Lot No. 94 and the southern property line of Lot No. 95, said point being, 200 feet East of the eastern right of way line of Eastview Drive; thence in a northwesterly direction 460 feet, crossing Eastview Drive to a point, said point being the common corner between Lots 51, 52, 70 and 71 of the "Ridgeview Subdivision"; thence in a southwesterly direction 982.5 feet, crossing Second and Third Streets and along the common line between Lots 44 through 51 inclusive and Lots 63 through 70 inclusive to a point the common corner of Lots 43, 44, 62 & 63 of the "Ridgeview Subdivision"; thence in a northwesterly direction 460 feet, crossing Crest Drive to a point, said point being the common corner between Lot 5, 6, 24 & 25 of the "Ridgeview Subdivision"; thence in a southwesterly direction 1225 feet, more or less, crossing First Street and along the common line between Lot 1 through 5 inclusive and Lots 20, 21, 22, 23 and 24 also the eastern property line of Lots 77 and 78 of the "Ridgeview Subdivision" to a point, said point being in the northern right of way line of Grape Avenue, said point also being a corner of the existing corporate limit line; thence with the northern right of way line of Grape Avenue in a westerly direction 239.55 feet, to a point, said point being the intersection of the northern right of way line of Grape Avenue and the eastern right of way line of Poplar Street; thence with the eastern right of way line of Poplar Street in a southwesterly direction 208.05 feet, to a point in the eastern right of way line of Poplar Street said point being the common corner between Lots 61 and 62 as shown on the map of "Revision of Plainview Subdivision" as recorded in book 187, page 485; thence in a southeasterly direction, 360.30 feet along the common property line between Lot Nos. 61, 62, 65 and 66, to a point, said point being the common corner between Lots 65 and 66 in the western right of way line of Aspen Street; thence with the western right of way line of Aspen Street in a southwesterly direction 265 feet, to a point, said point being the point of intersection of the western right of way line of Aspen Street and the northern right of way line of Cedar Avenue; thence with the northern right of way line of Cedar Avenue, in a northwesterly direction crossing Poplar Street, 410 feet, to a point, said point being the point of intersection with the northern right of way line of Cedar Avenue extended and the western right of way line of Poplar Street; thence with the western right of way line of Poplar Street crossing Pear Street in a southwesterly direction 770 feet, to a point, said point being in the western right of way line of Poplar Street; thence in a northwesterly direction 230 feet, to a point; thence in a southwesterly direction 100 feet, to a point; thence in a southeasterly direction 230 feet, to a point, said point being in the western right of way line of Poplar Street; thence with the western right of way line of Poplar Street in a southwesterly direction 90 feet more or less to a point that is 100 feet northerly from Peach Avenue; thence on a line that is 100 feet North of and parallel to Peach Avenue North 47 degrees 07 minutes 50 seconds West 460.0 feet to a point in the eastern line of Holly Street; thence with the eastern line of said Holly Street North 43 degrees 05 minutes 10 seconds East 940 feet to a point, the southeastern intersection of Cedar Avenue and Holly Street; thence crossing Cedar Avenue North 10 degrees 19 minutes 10 seconds East 80.00 feet to a point, said point being the northeast intersection of Cedar Avenue and Marse Henry Page Road; thence with the eastern right of way line of Marse Henry Page Road North 27 degrees 22 minutes 10 seconds East 102.42 feet, to a point in the eastern right of way line of Marse Henry Page Road; thence crossing Marse Henry Page Road North 58 degrees 25 minutes 50 seconds West 50 feet, to a point in the western right of way line of Marse Henry Page Road, said point being the common corner between Lots 14 and 15 Block "L", Section 1 Forest Hills; thence with the western right of way of Marse Henry Page Road North 27 degrees 22 minutes 10 seconds East 225 feet, more or less, to a point, said point being the intersection of the western right of way line of Marse Henry Page Road extended and the southern right of way line of Bonnie Brook Road Extended; thence with the southern right of way line of Bonnie Brook Road South 64 degrees 43 minutes East 245.13 feet, to a point, said point being the point of intersection of the southern right of way line of Bonnie Brook Road with the eastern right of way line of U.S. Highway No. 1-15-211-501 said point being the northwest corner of Lot No. 14 Block L Section 1 Forest Hills; thence with the eastern right of way line of U.S. Highway No. 1-15-211-501 South 31 degrees 32 minutes West 140.00 feet to a point in the existing corporate limit line, said point being the common corner of Lots 13 and 14 Block L Section 1 Forest Hills in the eastern right of way line of U.S. Highway No. 1-15-211-501; thence with the existing corporate limits line and crossing U.S. Highway No. 1-15-211-501 North 38 degrees 24 minutes 20 seconds West 106.45 feet to a point in the western right of way line of U.S. Highway No. 1-15-211-501, said point also being the southeast corner of Lot No. 2 Block C Section 1 Forest Hills; thence with the western right of way line of U.S. Highway No. 1-15-211-501 North 31 degrees 32 minutes East 110.00 feet to a point, said point being the northeast corner of Lot No. 2 Block C Section 1 Forest Hills; thence in a northwesterly direction 18.3 feet to a point; thence North 58 degrees 28 minutes West 24.63 feet to a point, said point being the southeast corner of Lot No. 3 Block C Section 1 Forest Hills in the western right of way line of a Private Drive as shown on the map of Section 1 Forest Hills; thence with the western right of way line of said Private Drive North 31 degrees 32 minutes East 180.00 feet to a point, said point being the common corner of Lots 4 and 5 Block C Section 1 Forest Hills in the western right of way line of said Private Drive; thence with the common lot line between Lots 4 and 5 North 58 degrees 28 minutes West 185.00 feet to a point, said point being the common corner of Lots 4, 5 and 7 Block C Section 1 Forest Hills; thence North 31 degrees 32 minutes East 200 feet more or less to a point in the southern right of way line of Going To The Sun Road; thence with the southern right of way line of Going To The Sun Road in a northwesterly direction 175 feet more or less to a point in the existing corporate limit line, said point being the intersection of the southern right of way line of Going To The Sun Road extended and the eastern right of way line of Bion Butler Road extended; thence with the existing corporate limit line and crossing Going To The Sun Road North 31 degrees 32 minutes 10 seconds East 60.00 feet to a corner of the existing corporate limits; thence with the northern right of way line of Going To The Sun Road in a southeastern direction 369.53 feet more or less to a point, said point being the intersection of the northern right of way of Going To The Sun Road with the western right of way line of Private Drive as shown on the map of Section 1 Forest Hills; thence with the western right of way line of said Private Drive North 31 degrees 32 minutes East 290.00 feet to a point in the existing corporate limit line; thence with the existing corporate limit line South 58 degrees 27 minutes 50 seconds East 40.00 feet to a point, said point being the corner of the existing corporate limits; thence with the existing corporate limit line North 31 degrees 32 minutes 10 seconds East 529.60 feet to a point, a corner of the existing corporate limits, said point Also being the northeast corner of Lot No. 3 Block F Section 1 Forest Hills; thence with the existing corporate limit line and crossing U.S. Highway No. 1-15-211-501 South 58 degrees 27 minutes 50 seconds East 344.35 feet to a point, a corner of the existing corporate limits, said point being the common corner of Lots 1 and 2 Block I Section 1 Forest Hills; thence along the rear lot line of Lots 2, 3, and 4 Block I Section 1 Forest Hills South 27 degrees 14 minutes 10 seconds West 300.78 feet to a point, said point being the southeast corner of Lot No. 4 Block I Section 1 Forest Hills; thence with the southern property line of Lot 4 the following courses and distances, North 58 degrees 28 minutes West 98.9 feet, North 31 degrees 32 minutes East 20 feet, North 58 degrees 28 minutes West 30 feet, South 31 degrees 32 minutes West 20 feet, North 58 degrees 28 minutes West 138 feet, to a point in the eastern right of way line of U.S. Highway 1-15-211-501; thence with the eastern right of way line of U.S. Highway 1-15-211-501 South 31 degrees 32 minutes 10 seconds West 970 feet, more or less to a point, said point being the intersection of the eastern right of way line of U.S. Highway 1-15-211-501 with the northern right of way line of Bonnie Brook Road; thence with the northern right of way line of Bonnie Brook Road South 64 degrees 43 minutes West 235 feet more or less, to a point, said point being the intersection of the western right of way line of Marse Henry Page Road extended and the northern right of way line of Bonnie Brook Road extended; thence with the northern right of way line of Bonnie Brook Road South 62 degrees 38 minutes East 245 feet, more or less, to a point, said point being the common corner between Lots 13 and 14 Block J Section 1 Forest Hills in the northern right of way line of Bonnie Brook Road; thence with the common line between Lots 13 and 14 North 27 degrees 22 minutes East 160 feet, to a point, said point being the common corner between Lots 4, 5, 13 and 14 Block J Section 1 Forest Hills; thence with the common property line between Lots 5 and 13, South 62 degrees 38 minutes East, 80 feet, to a point, said point being the common corner between Lots 5, 6, 12 and 13 Block J Section 1 Forest Hills; thence with the common property line between Lots 12 and 13 South 27 degrees 22 minutes West 160 feet, to a point in the northern right of way line of Bonnie Brook Road, said point being the common corner between Lots 12 and 13; thence with the northern right of way line of Bonnie Brook Road South 62 degrees 38 minutes East 160 feet, to a point, the common corner between Lots 10 and 11 Block J Section 1 Forest Hills; thence with the common property line between Lots 10 and 11 North 27 degrees 22 minutes East 120 feet, to a point, the common corner of Lots 9, 10 and 11; thence with the common property line between Lots 9 and 11 North 17 degrees 38 minutes West 48.8 feet, to a point, the common corner between Lots 7, 9 and 11 Block J Section 1 Forest Hills; thence along the common property line between Lots 7 and 11 North 62 degrees 38 minutes West 52 feet, to a point, said point being the common corner of lots 6, 7, 11 and 12 Block J Section 1 Forest Hills; thence along the common property line between Lots 6 and 7 North 27 degrees 22 minutes East 160 feet, to a point, said point being the common corner between Lots 6 and 7 in the southern right of way line of Marse Henry Page Road; thence with the southern right of way line of Marse Henry Page Road North 62 degrees 38 minutes West 35 feet, to a point; thence crossing Marse Henry Page Road and along the common property line between Lots 8 and 9, Block I, Section 1, Forest Hills, North 27 degrees 22 minutes East 203.62 feet, to a point, said point being the common corner between Lots 8 and 9; thence along the northern property line of Lots 6, 7 and 8, Block I, Section 1, Forest Hills, North 62 degrees 34 minutes West 270 feet, more or less, to a point in the northern property line of Lot 5; thence North 27 degrees 14 minutes East 909.18 feet, to a point, said point being the northeast corner of Lot 1 Block I Section 1 Forest Hills in the southern property line of Lot 3, "Dogwood Heights"; thence along the southern property line of Lots 3, 4, 5, 6, 7 and 8 of Dogwood Heights, North 88 degrees 52 minutes 10 seconds East 559.50 feet, to a point, said point being the southeast corner of Lot 8 in the western right of way line of Poplar Street; thence with the western right of way line of Poplar Street North 27 degrees 22 minutes 10 seconds East 197.50 feet, to a point, said point being the point of intersection of the western right of way line of Poplar Street and the southern right of way line of Dogwood Drive; thence with the southern right of way line of Dogwood Drive, South 88 degrees 52 minutes 10 seconds West 285.50 feet, to a point, said point being the common corner between Lots 6 and 7 of Dogwood Heights; thence crossing Dogwood Drive and along the common property line between Lots 14 and 15 of Dogwood Heights North 1 degree 7 minutes 50 seconds West 226 feet, to a point, said point being the common corner between Lots 14 and 15; thence North 58 degrees 27 minutes 50 seconds West 123.44 feet, to a point said point being 225 feet East of and at a right angle to the eastern right of way line of U.S. Highway 1-15-211-501; thence parallel too and 225 feet East of the eastern right of way line of U.S. Highway 1-15-211-501 North 31 degrees 32 minutes 10 seconds East 871.33 feet, to a point; thence South 58 degrees 27 minutes 50 seconds East 413.48 feet, to a point, said point being in the western right of way line of Poplar Street thence with the Western right of way line of Poplar Street North 27 degrees 35 minutes East 681.91 feet, to a point; thence North 62 degrees 25 minutes West 340.00 feet and crossing Washington Avenue to a point in the western right of way line of Washington Avenue; thence with the western right of way line of Washington Avenue and crossing Johnson Street North 27 degrees 35 minutes East 215 feet, to a point; thence crossing Washington Avenue South 62 degrees 25 minutes East 190 feet to a point; thence South 27 degrees 35 minutes West 50 feet, to a point in the northern right of way line of Johnson Street; thence with the northern right of way line of Johnson Street South 62 degrees 25 minutes East 150 feet to the point of BEGINNING.

Area 2. BEGINNING at a point in the existing corporate limit line, said point being 200 feet North of and at a right angle to the Northern right of way line of Bethesda Avenue; thence in an easterly direction 200 feet from and parallel to the Northern right of way line of Bethesda Avenue 1350 feet, more or less to a point, said point being 200 feet north of and at a right angle to the Northern right of way line of Bethesda Avenue and 200 feet East of and at a right angle to Old Pee Dee Road; thence in a Northerly direction 200 feet and parallel to the Eastern right of way line of Old Pee Dee Road 1090 feet more or less to a point in the Northern right of way line of South Street (N.C. Highway No. 211); thence along the Northern right of way line of South Street (N.C. Highway No. 211) in a Westerly direction 1800 feet, more or less to a point in said Northern right of way line of South Street (N.C. Highway No. 211); thence in a Northerly direction 240 feet, more or less to a point; thence in a Westerly direction 250 feet, more or less to a point in the existing corporate limit line, said point being 150 feet, more or less, South of the Southern right of way line of Main Street; thence along the existing corporate limit line in a Northeasterly direction 1525 feet, more or less, to the point of BEGINNING.

Sec. 2. From and after the effective date of this act, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in such municipality and shall be entitled to the same privileges and benefits as other parts of such municipality. The town shall provide services to the area annexed by this act according to the timetable set out in G.S. 160A-35(3). The newly annexed territory shall be subject to municipal taxes levied for the fiscal year following the date of annexation. If the effective date of annexation falls between January 1 and June 30, the municipality shall, for purposes of levying taxes for the fiscal year beginning July 1 following the date of annexation, obtain from the county a record of property in the area being annexed which was listed for taxation as of said January 1. If the effective date of annexation falls between June 1 and June 30, and the effective date of the privilege license tax ordinance of the annexing municipality is June 1, then businesses in the area to be annexed shall be liable for taxes imposed in such ordinance from and after the effective date of annexation.

Sec. 3. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 13th day of June, 1975.