Transfer of the Bent Creek, or Ferry Road, property

8/19/2019 Transfer of the Bent Creek, or Ferry Road, property

1/8

Page 1 of 8

i

There are no delinquent taxes that are a lien onthe parcel s) described In this deed which theBuncombe County Tax Collector Is charged

with collecting

Date Tax Collectoi/'

DOO ID : 028319360008 TVOe: CRPRecorded; 05/04/2015 at 01 .'19:16 PMFee Amt: 826.00 Page 1 of 8Revenue Tax: So ,00Workflow*

0000279017-0001

Buncombe O ountv. NODrew

R e l s l n ae r

Reolster of Deeds

BK5310P«500 507

Excise Tax;

NORTH CAROLINA SPECIAL WARRANTY DEED

iO.OQperN.C. Gen. Stat. ^105-228.28

Parcel Identifier No..

Verified by

By:

. County on the day of _ -,20_

Mail/Box to:

This instrument was prepared by: Charles Russell Burrell

Brief description for the Index: 137.21 acres, Plat Book 50, Page 107

THIS DEED made thisg


2/8

Page 2 of 8

Z-

Carolina, reference to which is hereby made for a more particular description; the above

desaibed land being conveyed to Grantor by that deed described in Book 2852, at Page

775 in the Office of the Register of Deeds for Buncombe County;

THIS DEED IS SUBJECT to compliance with the Interlocal Agreement entered 16 April 2014 between

the County of Henderson and the City of Asheville, a copy of which attached hereto as an Exhibit, and

incorporated herein by reference.

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances

thereto belonging to the Grantee in fee simple.

And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title asGrantor received, and Grantor will warrant and defend the title against the lawful claims of all persons

claiming by, under or through Grantor, other than the following exceptions: None except as stated herein.

IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year

first above writteo. ;

epUNTY O F HENDERSON

i O M A S H.THOMPSON

Chairman, Henderson County Board of Commissioners

lerk to the Board "of Commissioners

JOANNE MARTIN HINSONNotary Public, North Carolina

Henderson CountyMy Commission Expires

M oy 2 3 2 18

State of North Carolina - County of Henderson

I, the undersigned Notary Public of the County and State aforesaid, certiiy that Thomas H.

Thompson personally came before me this day and acknowledged that he is the Chairman of the Board of

Commissioners of Henderson County, North Carolina and that by authority duly given and as the act of

such entity, he executed the foregoing instrument in the iwitpe of the BoanJ and on its behalf as its act and

deed. Witness my hand and Notarial stamp or seal, thisajthday of Clfr^ t jl

, 2015.

My Commission Expires

7 ^

j Notary Public

The foregoing Certificate(s) of

is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and

in the Book and Page shown on the firstpage hereof.

Register of Deeds for Buncombe County

By:_

Deputy/Assistant • Register of Deeds

Book: 5310 Page: 500 Seq: 2Book: 531 Page: 500 Page 2 of 8


3/8

Page 3 of 8 ^

i N T E R L O C A L AGREEMENT

THIS AGRE EMEN T is made and entered into this /^ ^^ day of April , 2014, by and between

the County of Henderson, a body corporate and politic of the State o f Nor th Carolina ("Henderson

County") and the City o f Asheville, a North Carolina municipal corporation ("Asheville"),

WITNESSETH;

W HEREAS , the parties have th e authority pursuant to Article 20 of N C O S Chapter 160A to

enter in to this Interlocal Agreement; and

W HEREAS , Ashevil le has the authority pursuant t o N C O S 160A-274 to convey mterests i n real

property to ot her governments upo n such terms an d conditions as it deems wise, and such conveyance

ma y be with or without consideration; and

W HEREAS , Asheville and Henderson County are parties to several agreements regarding

regional water issues, includmg the "First Amended and Restated Water Supply and Water Service

Agreement" (the 1995 Agreement"); and

W HEREAS , among the terms o f the 1995 Agreement are provisions regarding t he "Brevard

Road Site", including the following (herein "Condition"):

22.0 Asheville shall convey the Brevard Road Site to Henderson County to permit Henderson

County to negotiate with MSD for sewer services, Henderson County shall either 1) convey the

Brevard Road Site to MSD in fee simple upon condition subsequent that a wastewater treatment

plat be constructed on the Brevard Road Site within ten 10) years ofthe date of such conveyance,

or else title shall revert automatically to Asheville; or 2) convey saidproperty to a regional water and

sewer authority of which Henderson County, the Authority, and Asheville are a part. In the event

that Henderson County shall not perform numbers 1) or 2) above within ten years from the date of

conveyance of the Brevard Road Site to Henderson County, Henderson County shall convey the

Brevard Road Site back to Asheville in fee simple absolute.

[the "Brevard Road Site" is that real estate located a t Ferry Road, Asheville, Buncombe County, North

Carolina, consisting o f approximately 137.21 acres more particularly described i n Deed Book 2152,

Page 4, and i n Plat Book 50 Page 107 of the Buncombe County Register o f Deeds, a nd referred to herein

as "the Real Property"]; and

W HEREAS , pursuant t o a Consent Judgment entered i n Buncombe County Superior Cour t i n

2002 (file number 01 CVS 344), the Real Property wa s conveyed by Asheville to Henderson County by

deed recorded July 15,2002, to Book 2852, Page 775, Buncombe County Registry, which deed

incorporated the Condition in language consented to by the parties; and

W HEREAS , the parties caused to be recorded a n Extension of Conditi on on June 14, 2012, in

Book 4990, at Page 1259, m the Buncombe County Registry, extending the condition noted in B. , above,

fo r a n additional period of two (2) years, ending July 15,2014; and

W HEREAS , the parties wish to modify and extend the Condition consistent wit h the terms set

ou t i n this Agreement;

00136488.d( cx Page I of 4 Pages

Book: 5310 Page: 500 Seq: 3

Book: 5310 Page : 500 Page 3 o f 8


4/8

Page 4 of 8

If

N O W , TH ER EF OR E, in consideration of the premises and the s um of $10.00 paid b y

Henderson County to Asheville, the receipt and sufficiency of which is hereby acknowledged, the parties

do covenant and agree as follows:

1 . Asheville w i l l cause a further two year extension of condition (herein "Second Extension")

to be executed and recorded, the terms of which shall be substantially similar to the

condition recorded June 14,2012;

2. Wi th in the t ime provided fo r in the Second Extension, Henderson County shall undertake t o

secure a Purchase and Sale Agreement f or the Property at a purchase price not less than thefair market value o f the property as established by an independent MA l - c e i t i f i e d appraisal;

3. A n y conveyance of the Property shal l be pursuant to NC OS 158-7.1, and shall be subject to

the following;

a. Specific condit ions or covenants o n the use of the property for an economic

development purpose, pursuant to NCGS 158-7.1.

b. A n easement in the name o f t he City of Asheville for use as a greenway and related

recreational purposes. To this end, the City shall undertake to identify the route,

location and dimensions o f said greenway, consistent w i th the City's Greenway

Master Plan.

4. Henderson County and Asheville shal l divide the proceeds f rom the sale equally;

5. Asheville shall cause its share o f said proceeds to be paid over to Buncombe Count y for use

fo r public safety purposes;

6. Henderso n Coun ty shall use its share of said proceeds fo r the purchase and const ruction of a

local law enforcement training center ("the Train ing Center"). The design and scope of the

Training Center shall be at the discretion o f Henderson Count y, and may include a live

ammunition weapons framing area.

This Agreement is subject to the fiir ther condition that, prior to the conveyance co ntemp lated

herein, legislation must be enacted by the Nor th Carolin a General Assembly that either (1) ratifies this

Agreement, or (2) reheves Asheville and Henderson County o f compliance w i th the provisions o f Article

16 o f NC GS Chapter 160A, and the provisions o f N C Sess. L . 1933-399, N C Sess. L . 2005-139, a n d N C

Sess. L 2005-140 (also known as the "Sullivan Acts"), regarding the disposition of proceeds fromtl ie

sale o f public enterprise property.

Henderson County may, but is not requffed

to , cause this Agreement, or a m emor andum

thereof, to be recorded i n the Buncombe Count y Registry.

To the extent that compliance w i t h NC GS 153A-15 is required i n connection with this

Agreement, Henderson County shall cause said statute to be compUed with.

This Agreement shall be ratified by the Q t y Council of Asheville an d the Board of

Commissioners o f Henderson Count y, and a copy thereof shall be spread upon the minutes of both

bodies.

I N WITN ESS WHE REO F, the parties have executed this Agreement, the Grantor by causing it

to be signed in its corporate name by its Ma yo r and attested by its City Clerk, and sealed with its

corporate seal, and the Grantee by causing it to be signed by the Chairman of its Boa rd of

00136488.doCTi

Page

2 of

4 Pages


Book: 5310 Page: 500 Page 4 of 8


5/8

Page 5 of 8

Commissioners and attested by the Cler k to the Boa rd of Commissioners and sealed w i th its seal, on the

day and year first above written.

[signature page follows]

O0136488.dou

Page 3 of 4 Pages

Book: 531 Page: 500 Page 5 of 8



6/8

Page 6 of 8

Attest;CriYOFASHEVILLE

MagdaleA

Burleson, City Clerk

(official seal)

By:_

E S T H E R E . M A N H E I M E R , Mayor

Attest;

the-Board

(official seal);'

H E N D E R S O N C O U N T Y B O A R D

O F COMMISSIONERS

By:_

C H A R L E S l S T M E S ^ R i ^ h a m a n

A P P R O V E D S T O FORM;

Henderson County Attorney

AsheviUe City Attorney

0013M88.docx Page

4

of 4 Pages

Book: 531 Page: 50 0 Page 6 of 8



7/8

Page 7 of 8

7

MODIFICATION OF INTER-LOCAL AGREEMENT

THIS M O D I F I C A T I O N OF INTER-LOCAL AGREEM ENT is made and entered into this

/ S ^ day of April, '2015, by and between the County of Henderson, a body corporate and p61itic of the

State o f North Carolina ("Henderson County") and the City of Asheville, a North Carolina municipal

corporation ("Asheville").

WITNESSETH:

WHEREAS, the parties have previous entered into an Inter-local Agreement pursuant to Article20 o f NCOS Chapter 160A (the "Agreement") , dated 16 April 2014; and

WHEREAS, the Agreement specifies the use to which Henderson County can put its share of

the proceeds f rom the sale o f certain real property; and

WHEREAS, Asheville and Henderson County wish to modiiy the Agreement as stated herein;

NOW , THEREFORE, in consideration of the premises and the sum of $10.00 pai d by

Henderson County to Asheville, the receipt and sufficiency of which is hereby acknowledged, the parties

do covenant and agree that Paragraph 6 (found on Page 2) of the Agreement is modified by striking the

first sentence o f the same, and inserting in lieu thereof the following;

6. Henderson County shall use Its share of the proceeds for any lawful purpose,

including but not limited to the purchase and construction of a law enforcement training

center ("the Training Center").

Except as expressly modified hereby, the Agr eement (including the remainder o f Paragraph 6

other than the previous first sentence thereof remains in ftill force and effect.

This Agreem ent shall be ratified by the City Council o f Asheville and the Board of

Commissioners of Henderson C ounty, and a copy thereof shall be spread upo n the minutes o f both

bodies.

I N WITNESS WHEREOF, the parties have executed this Agreement, the Gra ntor by causing itto be signed in its corporate name by its Mayor and attested by its City Clerk, and sealed with its

corporate seal, and the Grantee by causing it to be signed by the Chair man of its Board of

Commissioners and attested b y the Cler k to the Board of Commissioners and sealed with its seal, on the

day and year first above written.

[signature page follows]

amtnilment

to inltr-local agreement (001S3227@xa08d2) Page 1 of 2 Pages

Book: 5310 Page: 500

Seq:7



8/8

Page 8 of 8

Attest;

Magdaten Burleson, Cit y Clerk

(official seal)

Attest:

teresa Wilson,'Cleik to the Board

(official seal)

C I T Y O F A S H E V I L L E

ESTHER E , M A N H E I M E R , Mayor

HENDERSON COU NTY BOARD

O F

COMMISSICMEES-

THOM AS H . THOMPSON, 0iainnaii

APPROVED A S ^ O FORM;

CM

son CouiiJjtAttomey —

Asheville City Attorney

amendment 1 iiita-localagrccinciit(00153227@raOSd2)Page

2 of 2

Pages


Book: 5310 Page: 500 Seq:8

Documents

Transfer of the Bent Creek, or Ferry Road, property