-
July 25, 1994 Resolution Book 32, Page 371
EXTRBGT FAOM MIMJVES OF MliI@'Prm CITY FOrrEicG OF
THE CITY OF C H F r R m
A regular meeting of the City C~unci2 of the City of
Charlotte, North Carolina, was held at the Meeting Chamber,
the
Char1et.e-EgeaRlenburg Cavemw=a% Gemter, 600 East Fourth
Street,
-in Gharlotte, Rorth Clarol.&na, the re-lar paace of
m&iw, at
7:oo P.M., on ruly 25, 1994. C . Present: presiding, and
Rbsent: _Nane
Also present: ~ i t v ~ 0 w . 1 1 r+- d
Underhi 11. Den F. G i b t and ~ i f i l n r p t j ~in~anr(artin
and C1ty Treats- x * x * *
~ouncilmember mm introduced the following three orders
authorizing bonds, a summary of which had been
provided to each member of the City Council, which were read
by
title and su~nmarized by the City Attorney:
ORDER AUTRO3218IYG $69,960,000 WATER BONDS
BE IT OEEViRED by the City Council of the City of Charlotte:
1. That, pursuant to The Local Governwent Bond Act, as
amended, the CLty of €%arlotte, Mrth Carolina, is hereby
authorized ko contra& a debt, in addition to any and all
other
debt which said City may now or hereafter have power or
authority
to contract, and in evidence thereof to issue Water Bonds in
an
aggregate principal amount not exceeding $69,960,000 for the
-
July 25, 1994 Resolution B ook 32, Page 372
purpose of providing funcls, w i t h any other available fuhds,
fo r
enlarging, &ending and improving the water system of said
City,
within and without the corpoxate limits of said City,
including,
without limiting the generality of the foregoing, related
studies, plans and design and the acquisition, construction,
reconstruotion, relocation, improve~ent and ins ta l la t ion of
water
mains and l ines , tbe cronstmction of a water treatment plant,
the
expansion and imprommemt of a water treatment plant, the
construction or improvement of pump stations and storage
tanks
and the aoquieition of any necessary equipment, land, in teres
ts
i n land and r ights of way.
2. Thak taxes shal l be levied i n an amunt suff icient t o
pay the principail of and the in te res t on s a i d bonds,
3. That a sworn statement of the debt of said City has been
f i l ed with bhe City Clerk and is open t o public
inspection.
4 . m a t this order shal l take erfect when approved by the
voters r?f said City a t a referendum as provided i n said
Act.
ORDER AuTHQRIZJTm &67,230,000 SMIqAKY S?ZMER BONDS
PEE IT OWERED by the City council of the Ciky ef Charlotte:
1. That, pursuant t o The b~ocal Govemktent ~ o n d Aot , as
amended, the City of Charlotte, North Carolina, is hereby
authorized t o con t rad a debt, i n addition t o any and a l l
other I
debt whish said City may now ox hereafter have power or
authority
t o contract, atad i n evidence thereof t o issue Sanitary
Sewer
Bonds i n an aggregate principal amount not exceeding $ 6 7 , 2
3 0 , 0 0 0
for the pm-pose of providing funds, with any other available
-
July 25, 1994 Resolution Book 32, Page 373
funds, for enlarging, extending and improving the sanitary
sewer
system of said City, within and without the corporate limits
of
c-iid City, including, without. limiting the generality of
the
foregoing, related studies, plans and design and the
acquisikion,
construetion, reconstruction, hproventent and installation
of
force mains, sewer trunk mains, sewer lines, outfalls and *
tributaries, the relocation, rapsix and improwemnt of sewer
lines,khe expansion and improvement of wastwaker treatment
planti, the construction or hprovement of lift station,
interceptor anq other facilities and the acquisition of any
necessary equipment, land, interests in land and r-Sghts of
way.
2. That taxes shall be levied in an amount sufficient to
pay the principal of and the interest on said bonds.
3. That a sworn steament of the debt of said City has been
filed with the City Clerk and Es apen to pWlic inspection.
4 . TQat this order sbll take ef2ect when approved by the
voters of said City at a referendum as provided in said Act.
0- AUTHORIZING $25,000,0190 STORE¶ W;aTEB DRKCNAGE BOMDS
BE IT ORDERED by the City Caneil of the City of Charlotte:
1. That, pursuant to The Local Governt~ent Bond Act, as
amended, the City of ChblrXutte, Morth Carolina, is hereby
authorized to contract a debt, in addition to any and a11
other
debt which said City nay now or hereafter have power or
authority
to contract, and in eviClmce theremf to issue Storm Water
Drainage Bonds in an aggregate psinoipal amount not
exceeding
$25,000,000 for the purpose of providing funds, with any
other
-
July 25, 1994 Resolution Book 32, Page 374
available funds, f o r re la ted s tudies , plans and design,
and t h e
acquisition, camtruct ion, reoonstruction, imprvvaent,
i n s t a l l a t ion and providing of s t o m drainage f a c i
l i t i e s on public
and pr ivate property, within and without the corparate l i m i
t s of
sa id City, t o correct &rainage preblerms and prevent
flooding and
erosion, and the acquisi t ion of any necessary equipment,
Land,
i n t e r e s t s i n land and r igh t s of way.
2. That taxes s h a l l be Levied i n an amount su i r i c i en
t t o
pay the principal of ane the i n t e r e s t on sa id bonds.
3 . That a sworn statement of the debt of sa4d City has
been f i l e d with the City Clerk and is open t o public
inspection.
4 . That t h i s order sha l l take e f f e c t when appwved by
the
voters of s a i d City a t a referendum a s provided i n sa id A
c t .
The City Coancil thereupon designates any of t b Director of
Finance, t h e Deputy Director of Finance o r the City lkaasurer
a s
the of f icer whose dmty It shall be t o laake ant3 P i l e w i
t h the City
Clerk the sworn s t a t w e n t of dabt of the City wbich is
required
by The Wsl Government B~nd A c t , as amended, t o be f i l e d
a f t e r a
bond order has been introduced and before the publie h e a r h
g
therean. Deputy
!I?hereupon t h e City Treasurer f i l e d with the City cierk,
i n
the pres- of the Gity Council, t h e sworn statement of d@bt a
s
SO required. )I
Thereupon the o r d e en t i t led : " O m R AU"fR0RIZXNG
$69,960,000 WATER BONDSn was passed on f i r s t reading.
Thereupon the order ent i t led: "ORDER AOTKORIZING
$47,230,000 S ~ I T A R Y @EWER BONDS" w a s passed on f i r k t
reading.
-
July 25, 1994 Resolutian Book 32, Page 375
Thereupon the order entit led: "O-ER &UTHORIZING
$25,000,000 SWRM WATER LEt&XHR4;E W D S V w a s passed on f
i r s t
veading.
an motion duly made, seconded and unanimously carried, the
City C-cil fixed 7:QO P.M-, Angust 22, 1994, a t the Meeting
Chamber, the Cbaslotte-Me~klenburg Goverment Center, 600 East .
Fourth Street , Ln Charlotte, North Carolina, a s the hour, &y
and
place &r the public hearing upon khe Eoregoing orders
and
directed tha t me City Clerk publisk saiel orders, together with
tbe appended stbtexnent as required by The Local Governmant
Bond
A c t , as amended, once in The C h a r l ~ t t e Observer not l
a t e r than
the s ixth day before said date.
* * * * * I, Nancy S. Gilbert bwty City Clerk of the City of
Charlatte, H o r t h Carolina, DO HEREBY CERTI?$Y t ha t the fo
reg~ing
is a t rue q ~ p y of so much ob the recorded proceedings of
said
City Counc%l a t a regular &ing held on July 25, l.994 a
s
re la tes i n any way t o the introduction and passage on f i r
s t
reading of three orders authorizing bonds of mid City and
the
calling of a public hearing uppn such orders and tha t
references
regarding said proceedings a re recorded in Einute Book No .
of
said City Council, beginning a t page - and ending a t page -,
and a f u l l copy of the foregoing orders is recorded in
Resolution
Book No. & of said City ~ o u n c i l , beginning a t page a
and ending a t page 376.
-
July 25, 1994 Resolution Book 32, Page 376
I DO HEREBY FURTEER CERTIFY that a schedule of regular
meetings of said City Council, stating that regular meetings
of
said City Coancil are held (with certain exceptions not
applicable to said meeting) at the Charlotte-Meoklenburg
Government Center, 609 East Fourth Street, in Charlotte,
North
Carolina in the Conference Center on the first Monday of
each
mnUh at 5 :00 P.M. .fwcirkshop): and in the fieeting Chamber on
the
second Monday of each month at 7 : 0 8 P.M., the third Uonday
of
each month at 6 :00 P.M. (Zoning), an& the fourth Monday of
each
month at 7 : 0 @ P.M., has been an file in the office of the
City
Clerk as of a date not lees than seven days before the date
of
said meeting in accordance with G.S. fr 143-318.12.
WITNESS my hand and the seal of said City, this - 27thday of
July, 1994.
Deputy city Clerk
-
July 25, 1994 Resolution Book 32, Page 377
R E S O L U T I O N
Whereas, the CEty of Charlotte is committed to utilizing to the
funest extent possible Disadvantaged Business Enterprises; and
Whereas, the City of Charlotte has established definitive
procedures to ensure that Disadvantaged Enterprises shad have the
maximum feasible opportunity to compete for contracts; and
. Whereas, the U.S. Depwment of Transportation, F e d Transit
Administratian has set a minimum goal of 13% for DisadvantaQed
Business EmerprEse partictpation for the Federal share of
grant-related contracts.
Now, Therefore, Be It Resolved by the City Councll of Chariotte,
NC that the Mayor is authorized to pxecute documents establishing
the City's FY 1995 goal for the Federal sham of transit-related
contracts at 13% for Disadvantaged Business Enterptiser.
Approved as to. form:
C E R T I F I C A T I O N
The undersigned duly qualtfied Clty Clerk of the City of
Charlotte, NC certifies that the foregoing is a true and correct
copy of a resolution adopted at a legally convened meeting of the
Charlotte City Council held on ,July 7 c ; i q ~ 4 .
Nancy S. G i l b e ~ t Deputy City Clerk
-
July 25, 1994 Resolution Book 32, Page 378
A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR THE
ACOUISITION OF CEBTAIN REAL PROPER=
WHEREAS, the City Council of The City of Charlotte finds as a
fact thae it is necessary to acquire certain property as indi-
cated below for the Reid Park-Neighb~ibod Eeinwestment-Phase IT;
and
.%WEBERs., the City either in go& faith hate undertaken to.
newtiate for the purchase of this property but, ha@ been anable to
reach an agresmnt with the owners for the purchase .price or, after
reasonable diligence, has bee0 unable ta locate all the parties in
interest, and has, therefore, h e n unable to. neg6kist.e a
purch&se price ;
NQW, WEREFORE, BE IT RESOLVED by the City Council of The City of
Charlotte, that condemnation proceedings are hereby autko- rized to
be instituted against the property indicated below, under the
authority and procedures of the laws of the State of North Carolina
:
parties in Interest
Johnnie L. Clay and spouse, if any; Marsh Mortgage Company,
Bene- ficiary; Any Other parties in Interest
Proaertv Desrcriwtim
1,270 spare feet for fee-simple; 1,055 square feet for a
temporary constrlrction easement; and any additional property or
interest as the City mey determine to complete the project, as it
relates to Tax Pa~cel No. 145-177-01.
-raised Value
$ 1.00 or such appraised value as may he determined baaed upon
the takings required by the final construction plans.
IT IS FURTHER RgSOLVED that the appraised value of the property
is hereby authrized to be deposited in the Ofgice of the Clerk of
Buperior Court, Wckledmrg Coaty, Eorth Carolfna, toget - her with
the filing of the Complaint and Declaration of Taking.
Approved as to £om:
dity Attorney
-
July 25, 1994 Resolution Book 32, Page 379
I, Nancy S. Gab=& Deputy City Clerk of the City of Ch9llW,
NQah Wolina, do hereby certify tbat the foregoing is a true and
exact copy of a Resslution adopted by the City Council of the City
of Charlotte. North Cerolii, in regular session cowened on the 25th
day of July 1994, the r- having been made i@ Mbnute Bodk 105 , and
recorded in full in Resolution
32 , %&$) 378-379
- WITNWS my haad and the corporate 9sal of the City of CWlotte,
No& Carolina, this the 27th day of July ,1994.
Nancy S. Gilben, Dqwp4" City Clerk
-
July 25, 19M Resolution Book 32, Page 380
A RESOmION AUTHORIZING CONDEMNATION PROCEEDINGS F
the Ciky C ~ U d i l of The City of Charlo'tte finds , as a fac
t that it is neceseary ta acquise aertain pyaperty a s indi-
eat&d fiDr the ~ e i d P&rJE-Ne%g&e~rMd
Reimermt.@t$nf-Phase 11; &
'r the City e,$&&e= h, gda;d f &th ha@
an.dar-t&en t o =gotiate 3- t h e purchase of t b i s property
buk hharcs been unable go, reach ag?Ssment with the owners for the,
pu~chase price o r , a f t e r r@@c.n&l@ d&li,ge$~m, bas
been wab1 to l,@nat% a l l &be pa r t i e s in intareat , and
has, Che~efoxe., bean unable Yo negotiate a purchase price ;
NOW, TREItEIWRE, BE I T W35OLVED by the City C s u n ~ i l of
The C i t y 6~ Chetlotte, that condemnati6n pro:cec'd5ngs are
hereby autha- rized :to be ins t i tq tad agai.net the pr~grerty
indicated below, under the authority and pra;c@dmes st the l a m of
the Bfzate of North Carolina :
Part ies i n Interest;
Mission CYiurah of hhe Lord Jesus Christ; Any Other Parties i n
Interest
1,391 square feet f a r fee-simple; 4,886 square feet fo r a
temporary Constxuctioa easement; and any additional property or in
teres t as Che City may determine t o Complete the project, as it
re la tes t o Tax Pareel Ma. 145-108-05; 145-1&5-06;
145-180-07.
$ 1 . 0 8 or suah appraised value a;s nay be deetemined based
upan the takings requlzed by the f tna l con$trzlCtion plans.
IT ZS PURTR&R RESQLVED t;kt the appraiser% vaX'ue of the
propezw hereby au.thoris.& Co he degoaited i ~ n the 0;fgi.ce
of the Clerk of SuperAer court, Me&~e.nb~g c-ty, morth
Caroilima, toget - h.er w i t h eha f i l i n g of the CompLaint
;smd De~clarat.ion of Taking.
-
July 25, 1994 Resolution Book 32, Page 381
I, Nancy S. Gilbert, Deputy City Clerk of tb City of Charlotte,
NoTarth Canoh, do hereby oertlfy &at the foregoing is a true.
amd ma& copy of a Resol~tion adapted by the Clty cbuncil of the
City of Charlotte, NortB Carolibra, in r-ar session convened on the
25th day of July , 1994, the dmsce Bav-ing bwa ma& in M h t e
Book 105 , aud reooW in MI in Resolution Book 32 , P*) 380-381
- WITNESS my bagd and the corporate seal of the CXty of
Charlotte, North C d m , this the 27th dayof July , 1994.
Naacy S. Gilbert, Deputy City el&
-
July 25, 1994 Resolution Book 32, Page 382
jl RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR THE
ACOUISITION OF CERTAIN REAL P ROPERTY
W l f E W , the City council of The City of Charlotte finds as a
fact tht it is nece8mq to acquire certain property as indi- aated
below for the Carmel Road Widening; and
. , -, the City eiCh@r in go&& Eaith. has undertaken to
~ g ~ t i o t e fa@ .the purchase of this pfoprty buk &en
w&le to, reach an agreeinant with the owners 90r the pwahass
&c.e or, after reasonable diaigence, has been unable k'o locate
all the pareies in intere:s%, a@ has, t,hsefore, hen unable ko
negotiate a purchase price ;
NOW, THEREFQRE, BE IT RESOLVED by the City Council of The City
~f ChaxLotte, that condemnation proceedings are hereby autho- rized
to be instituted against the property indicated below, under the
authority and procedures of she laws of the State of North Carolina
:
Parties in Interest
Thomas G o m a n VDss; Jane C. Voss; Magnet Bank FSB,
Beneficiary; Magnet Mortgagee, Inc., Beneficiary; First Federal
Savings and Loan Association, Beneficiary; Any Other Parties in
Interest
651.47 square feet for fee-simple; 3,852.56 square feet for a
temporary construction easement; and any additional property or
interest as the City may determine to complete the project, as it
relates to Tax Parcel Ro. 209-273-17.
$ 2 0 , 5 0 6 . 0 0 or such appraised value as may be determhad
based upon the takings required by the final construction
plans.
IT IS FURTBER RESOL-D that the appraised value of the property
is hereby wtharized to be dapdsited in the OEgicz? of the Clerk of
Suparior Caurt, Meeeklenburg County, North Carolina, toget- her
with the filing of the Complaint and Declaraticln of Taking.
Pgproved as to form:
-
July 25, 1994 Resolution Book 32, Page 383
I, Nancy S. Gilbert, Deputy City Clwk of the City of CharIw,
Nor& Carolina, do b e r e e@if$ that the foregoing is a We and
exact copy of a R&ution adopd by )the City Cauncil of the City
of CkarI&tes N& GaraVi, in regals =ha G O R ~ on @IS 25th
day @f July 1994, the refweace having bea d e in M b f e Book 105 ,
anct wrded in kt1 b &&&n Book 38 , Page@) 38E-383
- WlTNESS my 6and aad the wrpori@e seal of the City of Charlone,
Nor& Carolina, this the 27th dey of July ,1994.
Nancy S. Gilbert, Deputy City Clerk
-
July 25, 1994 Resolutfon Book 32, Page 384
A RESOLUTION AUTHORlZlNG THE REFUND OF CERTAIN TAXES
Reference is made to the schedule of "Taxpayers and Refunds
Requested" attached to the Docket for consideration of the City
Council. On the basis of that schedule, which is incorporated
herein, the following facts are found:
1. The City-County Tax Collector has collected certain taxes
from the taxpayers set out on the list attached to the Docket.
2. The City-County Tax Collector has certified that those
taxpayers have made proper demand in writing for refund of the
amounts set out on the schedule within the required t h e
limits.
3. The amounts listed on the schedule were collected through
either a clerical or assessor error.
NOW, THEREFORE, BE RESOLVED by the City Council of the City of
Charlotte, North Carolina, in regular session assembled this 25th
day of July. 1994 that those taxpayers listed on the schedule of
"Taxpayers and Refunds Requested" be refunded in the amounts
therein set ut and that the schedule and this resolution be spread
upon the minutes of this meeting.
Approved as to form:
Read, approved, and adopted by the City Council of the City of
Charlatte, North Carolina, in a regular session convened on the
25th day of July , 1 9 9 4 , the reaerence having been made in
Minute Book
105 and recorded in full in Resolution Book 32 , page(s1
384-386
WITNESS my hand and the corporate seal of the City of Charlotte,
North Carolina, this the 27th day of July, 1994.
Nancy S. Gilbert, Deputy City Clerk
-
July 25, 1494 Resolution Book 32, Page 385
TAXPAYERS AND REFUNDS REQUESTED LESS THAN $100
MIm Caldwell Creek Industries Southern Trends
- Pel Anger Donald Eugene Cruise Outlets Of The Cefebfity
Inc
Amount of R e f u $ 39.39
64.66 26.1 8 1 0.68 98.58
-
July 25, 1994 Resolution Book 32, Page 386
TAXPAYERS AND REFUNDS REQUESTED MORE THAN b 1 W
Name Carolina Custom Services Southern Trends Southern Trends
CFD Ill inc %G E Capital Wachovia Auto Leasing Co Vaughns Charles L
Vaughns Charles L Vaughns Charles L
Amunt of Refund b 225.00
158.67 269.05 267.08 103.96 191.24 151.60 148.82
Total
-
July 25, 1994 Resolution Book 32, Page 387
RESOLUTXON DECLARING f # INTEHT TO ABiiNl iCN Ab;D CLOSE AN
ALLEYMY
LGCATED OFF EAST 18T% STREET I N THE CITY OF CHARLOTTE,
KECILENBURC COUNTY, NORTH CARLLILiA
Whbraes, H.ab-itat f o r Muman'ity an- Lfnda M . Kaodland 3
SamSe Lee & Buth Bolaon h,as f i1e .d a P e t i t i o n t o c l
o s h - $n i i l J ~ ~ y i n t h e C i t y o ' f Charlotte; and
' Wt.,re-as, t o be^ c l o s e d l ies 'ff E a s t 1 8 t b t , ,
is more p a r t i e ~ ~ ~ ~ g r ; e s a r i t $ e d ' b y m e t e s
a n d baunde i n a dacument mariced " E x h i b i t
:,It bo.$h or h i , c h are av . i l , ab ls f o r i n s p e e t
i o n i n t h e Offiac ;of' the C i t y C l e r k , C i t y H a i l
, C h a r l o t t e , 8?orth Caro l ina . .
Whereas, t h e p r o c e d u r e f o r c l o s i n g s t r e e t
s an8 a l l e y s a s o u t l i n e d i n North Czlra l ina Genera
l S t a t u t e s , S e c t i o n 1608-299, r e q u i r e s t h a t
C a u n c i l f i r s t a a o p t a r e s o l u t i o n d e c l a r
i n g its i n t e n t t q o l o s e t he s t r e e t and c a l l i
n g a p u b l i c hza l r ing on t h e q u e s t i o n ; s a i d S
t a t u t e f u r t h e r r e q u i r e s that t h e r e s o l u t
i o n s h a l l be p u b l i s h e d once a week for two s u c c e
s ~ i v e weeks p r h r t o t h e h e a r i n g , and a copy t h e
r e o f b e s e n t by r e g i s t e r e d or c e r t i f i e d m a
i l t o all owners o f p r a p e r t y a d j o i n i n g t h e s t
r e e t a s shown on t h e c o u n t y t a x r e c o r d s , and a
n o t i c e o f Lhe c l o s i n g E n B. h e a r i p g k s h j l i
be p r o m i n e n t i y p o s t e d i n a t l e a s t - a l o n g
s a i d a l l e y ; and
NOW, THEREFORE, BE I T RESOLVED by t h e C i t y Counci l of t h
e C i t y #of C h a r l o t t e , a t its r e g u l a r l y s c h e
d u l e d s e s s i o n
a v a i l a b l e for i n s p e c t i o n - i n t h e C i t y C
l e r k Is o f f i c e , and h e r e b y c a l l s a p u b l i c h
e a r i n g on t h e q u e s t i o n t o be h e l d a t -p .:m. , O
n 'M~ndav
~ . ~- ~ , t h e +dc "ay . The t y 1 e r . k is
*sh~ a q o ' p y o f t h i s PeSOlut . i~n i n t h e ~ e c k l e
n b u r ~ Times once a week far two s u c c e s s i v e v a s k s n
e x t p r e c e d i n g t h e d a t e f i x e d h e r e fo r such h
e a r i n g , a s r e q u i r * d by i4.C.C.S. ltOA-299,
-
July 25, 1994 Resolution Book 32, Page 388
I, Nancy S. lGilW, Deputy City Clerk of eke C i ef ~~ North
Camha, do hereby cert8y that the foregokg is a b e an8 exact copy
of a Resolution adopted by the City Council of the City of ~ 1 ~ ,
N o F t b ~ h , i n r ~ ~ ~ ~ o n t h e 25th dayof July 1994, the
he&- bv& been d e im W k 105 , and reasdeb in MI in
Resolution
32 , -8) 387-388
wFIWES my and uhe corporate seal of the City of Chdotte, No&
Carolins, this the 27th deyof July ,1994.
Nancy S. @lbert, Wty City Clerk
-
duty r a , &YY+ Resolution Book 32, Page 389 RESOLUTION
DECLARING AN INTENT TO
ABANDON AND CLOSE THE 14 FOOT ALLEY LOCATED NORTHWESTERLY FROM
NORTH LONG STREET AND NORTHEAST OF ELIZABETH AVENUE IN THE C m OF
CHARLO=,
MECKLENBURG COUNTY, NORTH CAROLINA
WHEREAS, the County of Meoklenburg has filed a petition to Close
the 14 foot alley northwe&wly from Narth Long Street in tne
City ol Charlotte; and
WEREAS, the 14 foot allay mrWwerrtefly W m North Long Stfeet
petittoned to be closed tie8 narthwesterly from Mom L;ong Street
8pproxfinaWy 136.74 feet northeast of thcr right-of-way of EHzabefh
Avenue masked "ExhtbR A: and b more
_particularly described by metes and bounds In a document marked
' M b R 9,' both of which are available for inspection in the
Office ol; the City Clerk, City Hall, Charlotte, North Carollna.
.
WHEREAS, the procedure for closing streets and alleys as
outllned in North Carolina General Statutes, Section 180A=2B$,
requires that Councll tinrt adopt a resolution declar g its intent
to cloare the streel and calling a publlc hearing on the question;
said &e furttw r q l l t l that h. ~ l u l o n shall be
published o m a week for two wcc888hre weeks prfor to the hearing,
and a copy thereot be sent by registered or certified mail to all
owners of property adjoining the meet as shown on the county tax
records, and a notlce of the doslng and public hearing Shall be
prominently posted in at least two places along sald street or
alley; and
NOW, THEREFORE, BE,IT RESOLVED, by the City Councll Of the City
ol Charlotte, at its regularly scheduled session of dlv 75 1- that
it intends to close the 14 foot alley lying northwest of Nmh Long
Street, sald street behg more particularly described on a map and
by a metee and bounds deocriptlon avallabk tor inspection In the
City Clerk's offbe, and hereby oalk a puMIc hearing on the q ~ e s
~ o n to be held at 7 p.m., on Monda t M 2 2 n d a y d AUWSL 1 9 9
~ at clvrclc . m e city cliL is herdy mrt.d to p u b ~ t i a copy
of this resolution in the Mecklenburg Tlmes once a week tor two
successive weeks next preceding the date fixed here for such
hearing, as rqulred by N.C.G.S. 160A-299.
-
July 25, 1994 Resolution Book 32, Page 390
I, N w y S. Gilbert, Deputy C i Clerk of the City of Charlotte,
North CafoW do hereby certify that the Eoregoiag is a hoe and exad
capy of a Resolution adopted by the City Council of the City of
Charlate, Carolina, in regular session ccmvened on the 25th hy of
July 199.4, the refetsnce having been made in Book 105 , and
recorded in Ml h Resolution Book 32 . Page(s1 389-3911 WITNESS my
haad and the corporate $4 ~f Me Cq of Charlotte, North Catolina,
this the
27th dtiy of July , 1994.
Nancy S. Gilbca, Deputy CIty Clerk
-
July 25, 1994 Resolution Book $2, Page 391
f i RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS PROPERTY
oJIIERBaS, the City Council of The City of Charlotte finds as a
fact that it is necessary to acquire certain property a5 indi-
cated below for the C a m l Road WLdening; and
mmg, the Cit.y .e$th$r in g~o.6 faith has undereaken t~ negotiat
far the pue~hase~of tEs g e r c y but bas been ~ n _ & l $ i
eO,, reach an agreementwith the owner.@ e . 6 ~ the p~whaae p;$ice
or, after reasonable diligence, ha.& been unable to l ~ c a M
all the paFtie6 in interest, and hag, therefore, been unable to
negotiate a purchae ' price ;
A NOW, THEREFORE, BE IT RESOLVED by the C f ty Council of The
Citybf Charlotte, that condemnatfan proceedings are hereby autho-
rized to be instituted against the proprty indicated below, under
the authority and procedures 05 the laws of the State of North
Carolina :
Parties in Interest
Edward J. Duffy; Laura B. Duffy; IBM Coastal Employees Federal
Credit Wion, Beneficiary; Any Other Parties in Interest
1,662.52 square feet for'fee-simple; 2,719.08 sqtiare feet for a
temporary ~~struction easement ; and any additional prcperty or
interest as the City may determine to complete the project, as it
related to Tax Parcel No. 211-173-14.
$ 8,400.00 or such appraised value as may be determined based
upon the taking@ required by the final eonstruetian plans.
IT fS FURTWZR RESDLVBD that the appraised value of the property
is hereby authorized to be aeposited in the Office of ehe Clerk of
Superior Court, Mecklesrburg County, North Carolina, toget- her
with the filing of the Complaint and Declaration of Taking.
Approved as to form:
-
July 25, 1994 Resolution Book 32, Page 392
I, Nancy 5. Gilbert, Deputy City Clerk of the City of Charlotte,
Nor& Caroliia, do ba&y certify that the foregoing is a true
and exact ropy of a Reaolntian adopted by tb City Quncil of the C i
of Charlotte, North b l i a a , in regular session convened on the
25th day of July 1994, the refwmee having been m d a in M U I ~
BBok 105 , and record& in fuU in Resolution Book 32 , p@g@)
391-392
WITNESS my baed and the corporate seal of the City of Charlotte,
North Carolina, this the 27 t41 dayof July , 1994.
Nmcy S. Gilhwt, Deputy City Clerk
-
July 2 5 , 1994 Resolution Book 32, Page 393
EXTRACT FROM MINUTES OF MEETING OF l?HE CIVY COUNCIL OF
THE CITY OF C!H&RLOTTE
The City Council (the llCity Council") of the City of
Charlotte, Worth Carolina (the "Cityn), met in regular session
in
the Meeting Chamber at the C h a r l o t t e - M c l e g
Governatent Center,
600 East Fouxth Street, in Charlotte, North Carolina, the
regxlar
place of meeting, at 7:00 p.m. on July 25, 1994. The
following
were :,
PRESENT: Mavojr Richard Vinroot I presiding, and
~ounci~elabers B a k e r . M c C r ~ . i e s d . h r t i n . r
and me le r
*McCr- from voting on t h i s w e . . * . ABsDN'Pt
Councilmembers None . ALSO PRESENT: Ci tv Mfmger. 0. Wendell White.
C i t v A t t I O I ~ ~ B V . Henrv
Underhi l l . Dan&& C i t v C , l a t L A m c v S. G i l
b u U n L E b m c e Director. Richard
r Yinraot announced that this was the date,
hour and place fixed for the public hearing for the purpose
of
considering whether the City Council should approve a
proposed
Installment Payment Contract between the City and New
Charlotte
Corporation or another counterparty to be designates under
such
document (the nContractn) and certain related documents under
which
the City would obtain financing from funds raised from the sale
of
Certificates of Participation in the Contract pursuant to
North
-
July 25, 1994 Resolution Book 32, Page 394
Carolina General Statutes S 160A-20, as amended, to pay a
portion
of the costs of the acquisition and constmction of an
approximately 2,200 space parking facility on property near
the
City's propwsed NFZ stadium site [the "Parking Facilityu),
which
Parking Facilcty was described in the notice of such public
hearing
that was published in The Chaxlotte Observer on July 15, 1994
(the
NNoti~en), and under which the City would secure the repayment
by
it of moneys advanced pursuant to such Contract by granting
a
security interest in and lien on all or some portion of the
Parking
Facility and the City's leasehold interest in the property on
which
the Parking Facility is to be located.
The City Council first ratified and approved the designation
of the meeting as a public hearing on the proposed plan of
financing, khe call of the public hearing and publication of
the
Notice.
It was then announced that the City Council would
immediately
hear anyone who might wish to be heard on such aatter.
No one appeared, either in person or by attorney, to be
heard
on such matter and the Clerk to the City Council announced that
no
written statenent relating to such matter had been received by
the
Clerk's of f i e or by the Director of Finance other. than
the
following:
It was then announced that the public hearing was closed.
* * * * * * * * * * * *
-
Ju ly 25, 1994 Resolution Book 32, Page 395
Councilmember Whee 1-w then introdiuced the
following resolution, a sunmazy of which had been provided to
each
CouncilmeBlber, which was read by title:
~ ~ I F P C A ~ tW PZS4TICIPATIION Ti$lWEa M P AWORIZJBG TElE
EXECUTPON AND DELIVERY OF RELATED DOCWENTS IN COWNECTIOlU
THBREWXTfl TO FINANCE A PORIPIOES OF %'HB OOSTS OF CQNBTRUCl'IOES
OF A PARKING FACILITY
WHERE&S, by resolution adopted on June 13, 1994, the
City
Counqia [the "City Counciln) of the City of charlotte (the
"Cityw)
determined and found that the acquisition and construction of
an
approximately ,2,200 space parking facility on property owned
by
Duke Power Company near the City's proposed NFL stadium site
(the
"Parking Facilityw) was necessary and expedient;
WEERFJS, the City Council has determined that the design,
construction and operatiah of the Parking Facility meets the
City's
criteria for an 18uptown development project* as defined by
Section
7.109 of tbe Charter of the City and that such project is likely
to
have a significant effect on the revitalization of the
City's
central business district; and
WHEREAS, the City Council has determined that the Parking
Facility is advisable and in the best interest of the City and
its
residents by promoting and advancing uptown development in
the
City;
WHEREAS, by resolution adopted on June 13, 1994, the City
Council approved in principle installment contract financing for
a
portion of the costs of construction of the Parking Facility
and
-
July 25, 1994 Resolution Book 32, Page 396
authorized the City staff to proceed with plans and to
investigate
and negotiate the selection and terms for such financing;
WIZSWAS, on this day the City Council oonducted a public
hearing in connection with the praposed installment contract
financing to finance a portion of the costs of con&rrection
of the
Parking Facility;
WHEREAS, there have been available at this meeting forms of
the following documents (the "Financing Documentsn) with respect
to
such financing :
(1) Installment Payment Contract dated as of August 1, 1994
(the "Contractn) between the City and New Charlotte Corporation,
as
counterparty (the uCounterpartyu), pursuant to which the
Counterparty causes funds to be advanced to the City and the
City
agrees to make installment payments (the "Installment Paymentsn)
to
repay the ameunt so aavanced, with interest;
(2) Trust Agreement dated as of August 1, 1994 (the qlTrust
Agreementw) between the Counterparty and First Union National
Bank
of North Carolina (the RTrusteen), pursuant to which there are
to
be executed and delivered Certificates of Participation (the
COPS*^) mpresenting interests in the Installmt Payments
under
the Contract;
(3) Leasehold Deed of Trust and Security Agre-nt dated as
of August 1, 1994 covering the ParKingAFacility and the
City's
leasehold interest in the Site (as degcr&bed in the
Contract) (the
Weed of husEn) pursuant to which there shall be granted a lien
on
the Parking Facility and the City's leasehold interest in the
Site
to seeure the obligation of the City under the Contract;
-
July 25, 1994 Resolution Book 32, Page 397
(4 ) Preliminary Official Statement to be dated on or about
August 9, 1994 (the *Prelimihary official Statementvv) which,
as
supplemented with certain pricing infomtion, is to be the
Official Statement to be dated on or about August 18, 1994
(the
gvOfficial Statementn), pureuant to which the COPs are offered
and
sold to the public;
- ( 5 ) Contract of Purchase to be dated on or about August 18,
1994 (the "Purchase Contractn) between Interstate/Johnson Lane #.
corp&ration, NationsEanc Capital Markets, Inc., First
Charlotte
Company, Division of J.C. Braford & Co. and First Union
Capital
Markets Corp. (the CvUnderwritersu) and the Counterparty pursuwt
to
which the Underwriters agree to puurchase the COPs for sale to M
e
public;
( 6 ) Letter of Representation to be dated on or about
August
18, 1994 (the IvLetter of RepresentationH), which is an Exhibit
to
the Contract of Purchase, from the City to the Underwriters
regarding 'certain matters in connection with the finannc-bg 9nd
'
information about the City in the Official Statement;
WHEREAS, the obligation of the City to make Installment
Payments and other payments pursuant to the Contract shall
constitute a limited obligation of the City payable solely
from
currently budgeted appropriations of the City and shall not
constitute a pledge of the faith and credit of the City within
the
meaning of any constitutional debt limitation;
WHEREAS, no deficiency judgment nay be rendered against the
City in any action for breach of a contractual obligation under
the
Contract, and the taxing power of the City is not and may not
be
-
July 25, 1994 Resolution Book 32, Page 398
pledged in any way directly or indirectly or contingently to
secure
any moneys due under the Contract; and
WHEREAS, the City Council wants to approve the Financing
Documents and to authorize other actions in connection
therewith.
NOW, TEGREFORE, BE IT RESOLVED by the City Council of the
City, as follows:
Section 1. All actions of the City to effectuate the
proposed
financing, including the selection of the Underwriters, are
hereby
approved, ratified and authorized pursuant to ant% in
accordance
with the transactions contemplated by the Financing
Documents.
Section 2. The project (construction of the Parking
Facility)
and the financing thereof provided for in the Financing
Qocments
and outlined in this resolution and the agreements and
documents
referenced herein are hereby ratified and approved.
Section 3. The City Council hereby finds that (i) the
utilization of an installment payment contract is preferable to
a
bond issue due to tine constraints and (ii) the proaeeds of
this
financing will be used exclusively for the Parking Racility and
the
oosts am3 expenses of such financing and for no other
capital
projects of the city.
Section 4. Each of the Contract, the Deed of Trust, and the
Letter of Representation is hereby approved in substantially
the
forms submitted to this meeting, and the payor or the City
Manager
and the City Clerk are hereby authorixA and di-ted to
execute
and deliver each of those documents in the nane and on behalf
of
the City, with such changes, insertions or omissions as the
person
executing au& documents may approve, the executi~n and
aelivery
-
July 25, 1994 Resolution Book 32, Page 399
thereof to wwtitute conclusive evidence of such approval.
The
City Clerk is hereby directed to affix the sea& of the City
to each
of said documents as may be appropriate and to attest the
same.
section 5 . Each of the hPlst Agreement and the Purohase
Contract is hereby appsoved in suhmtantially the fona submitted
to
this meeting, with such changes, insertions or omissions as
-appropriate arrd as the officer of Qhe City executing the
Contract
may approve, the execution and delfvery of the Contract to - /
const'bute conelusive evi- oh su* approval.
S-tion 6 , Each af the Preliminary Official Statement and
the
Official Statentent, in the fonn of the Preliminary Official
Statemen5 subtnitted to this meeting, is hereby approved in
substm~ially such form,' w i t h such changes, insertions
and
oaissiotls as appropriatei and the use thereof by the
U&rwrbters *
in connection with the public offering and sale of the COPS
is
hereby autharised. The Wayor or tfig City Manager is hereby
authoriz@d and directed to axecute and deliver on behalf of
the
City the final Official Statenaent in substantially suah fow,
with
such changes, insertions and omissions as he may approve,
the
execution and delivery thereof to constitute oonclusive evidence
of
such approval.
Section 7. The City Clerk, the Hayos, the City Manager, the
Director of Finance aad the City Attorney are hereby authorized
to
take any and all such f-er action, including the appraval of
modifications to the: Financing Documents, and to execute
and
deliver for and on behalf of the City such assigtua%nts an&
other
documents and certificates (including appropriate tax
aertiffcates
-
July 25, 1994 Resolution Book 32, Page 400
and agreements) as may be necessary or advisable to carry out
the
intent of this resolution and to effect the installclaent
financing
pursuant to the Contract and the other Financing Documents.
Without limiting the generality of the foregoing, the City
Manager
and the Director of Finance are authorized to approve all
details
of the financing, including without limitation the amount
advanced
under the Contract (which shall not exceed a maximum amount
of
$12,500,000), the annual amount of Installment Paymmts under
the
Contract (the particular annual amounts of which shall not
exceed
$1,300, 000) , the maturities, the principal amounts and the
interest amounts of the Znstallment Payments (which shall not
exceed 8.50%
on a true inkerest cost basis), the term of the Contract
(which
shall not be leas than 10 years nor equal or exceed 30 years),
and
the Underwritexs' discount (exclusive of any original issue
discount) (which shall not exwed 1.5%). Execution of the
Contract
by the Mayor or the City Manager shall conclusively evidence
such
approval of all suah details of the financing. In addition,
said
officers are hereby authorized to cooperate with tae
Underwriters
In preparing and filing such filings under state security or
"blue
sky" laws as the Underwriters may request and as the City
Manager
or the Finance Direator shall determine.
Section 8. This Resolution shall become effective %mediately
upon its adoption. >
Thereupon, upon motion of Coun.dilmmber Wheeler r
seconded by Councilmenber Cambe1 1 , the foregoing resolution
was adopted and passed by the following vote:
-
July 25, 1994 Resolution Book 32, Page 401
AYES : C m c i 1 & & .-
Martin. Reid. S.~ance:r aid Wheeler ~ - . NOES: Nme
I I Nancv S. Gilbert I De~uty city Cler3c of the
City of Charlotte, North Carolina, DO HEREBY CERTIFY that the C
*
foregoing is a true and correct copy of so much of the
recorded
proceedings af the City Counncil of said City at a regular
meting
held on July 25, 1994 as relates in any way to the conduct of
a
public heaging and subsequent related authorization of an
installment contract finanoing by said City, that suah
public
hearing was duly called, *at all required notices of such
meet~ng
were given and that references regarding said proceedings
are
recorded in Minute Book No. - 105 of said City Council beginning
at Page - and ending at page - and a full copy of the foregoing
resolution is recoreed in Resolution Book NQ. 32 beginning at
page 393 and ending at page 402.
I HEREBY FURTEfER CERTIFY that a schedule of regular
nieetings
of said City Council, stating that regular meetings of said
City
Council are held (with certain exceptions not applicable to
said
meeting) at the Charlotte-Necklenburg Government Cen-r, 6130
East
Fourth Street, in c$arlott@, Worth Carolina in the
Canference
Center on the first Monday of each month at 5:00 P.M.
(workshop)!
and in the; meting Chamber on the second Monday of each month
at
7: 00 P.M., the third Monday of each month at 6: 00 P.H.
(zoning) ,
-
July 25, 1994 Resolution Book 32, Page 402
and the fourth Monday of each month at 7 : 0 0 P.M., has been on
file
in the office of the City Clerk pursuant to N.C.G.S. 5
143-318.12,
as of a date not less than seven days before said meeting.
WITNESS my hand and the seal of said City, this - 27th day of
July, 1994.
Deputy City Clerk
-
July 25, 1994 Resolution Book 32, Page 403
E m FBOM MIWTXS OF MEETING OF CITY COU@CIL OF lrIIE
CITY OF NORTR CAaOLIRA
A regular meting of the City Co1~ncil of the City of
Charlotte, North Carolina, waa held in the Keeting Chanber at
the
Charlotte-Mecklenburg Govement Center, 600 East Fourth
Street,
in Charlotte, North Carolina, the regular place of meeting, at -
7:OO P.M. on July 25, 1994.
P~esent: Aver ~l-root , presiding, and * Council~ers Baker.
McCrorv. W e e d -
boroucrh.encer and Wheeler
-v and -d from votina on this issue.*
Absent: Councilmembers None
~ l s o Present: Citv w e r . 0. Wendell White.. Citv Attornev.
Henrv
rhill. &&y Citv Clerk,&mcv S. Gilbert and Finance
Director.
Richard k t i n
* * * * * * * * * * * Council~i\~r &eel ar introduced the
following
resolution, a summary of which had been provided to each
Councilmen&uar, which was read by title:
RWOLUTION APPROVWG BUSINESS DtXUXENTS FOR DESIGN, CONSTRUCTICW
AND OPEaATION OF
A STADIUM PARKING FACILPTY
WHEREAS, by resolution adopted on June 13, 1994, the City
Council ("City Councilm) of the City of Charlotte (the
Wityn)
(i) determined and found that the acquisition and construction
of
an approximately 2,200 space parking facility on property
(the
"Siten) owned by Duke Power Company (Wukew) near m e City's
proposed NFL stadium site (the "Parking Facilityn) was
necessary
-
July 25, 1994 Resolution Book 32, Page 404
and expedient, (ii) approved a Memorandum of Understanding
between the City and Duke containing an outline of business
terms
of the proposed design, construction and operation of the
Parking
Facility, (iii) aumorized City officials to proceed to
negotiate
related agreements and otherwise to do any and all things
necessary, appropriate or convenient in connection therewith:
and
WHEREAS, as the result of extensive negotiations between the
City and Duke, there has been negotiated and presented to
this
meeting form of the following documents in connection with
the
Parking Facility (collectively, the nBusiness Docza?nentsw):
1. Site Lease Agreement (the "Site Leasen) by and between
Duke and the City pursuant to which Duke will lease the Site
for
the Parking Facility to W e City for a term of 40 years;
2. Development Agreement (the "Development AgraementIp) by
and between the City and Duke pursuant to which Duke will
cause
the Parkbg Facility to be constructed on behalf of the City;
3. Parking Facility Lease Agreement (the "Duke Leasen) by
and between the City and Duke purfiuant to which the City
will
lease to Duke on a long-term basis approximately 558 of the
spaces in the Parking Facility (subject to adjustment as
provided
in the Business Doc\Maents) and pursuant to which Duke is
granted
a conditional option to purchase the Parking Facility at any
time
five years after the Parking Facility is placed into service;
t
4. Parking Facility Hanagwent ~gieement (the nManagement
Agreementn) by and between the City and Duke pursuant to
which
Duke will cause the Parking Facility to be wanaged and
operated
on behalf of the City;
-
July 25, 1994 Resolution Book 32, Page 405
5. Richardson Sports Parking Space Lease Agreement (the
"RS Agreementn) among the City, Duke and Richardson Sports
("RSM)
pursuant to which 1,200 parking spaces (initially in the
Parking
Facility) will be made available to Rs not more than 18 days
per
year; and
MXEREW, the City Council has aetermined and found that the
,design, construction and operation of the Parking Facility
meets
the City's criteria for an n?lptom Development Projectn as C
defiied by Section 7.109 of the Chaster of m e City and that
such
project is likely to have a significant effect on the
revitalization of the City's central husine~s district; and
WkERGAS, the City Council wants to approve the Business
Documents and to authorize other actions in connection
therewith;
NOW, THEREFOm, BE IT RESOLVED by the City Council Of the
City as follows:
Section 1. The Lease by the City of the Site, the design,
construction and operation of the Bar3rirrg Facility, and the
lease
to Duke of a portion of the spaass in the Parking Facility
as
described in the Business Documents and all actions of the
City
previously taken to effectuate the negotiation of the
Business
Documents and the traneactions described therein are hereby
approved, ratified and authorized.
Section 2. Each of the Site Lease, the Development
Agreement, fAe Duke Lease, the Management Agreement and the
RS
Agreement is hereby approved in substantially the form
submitted
to this meeting and the Mayor or the City Manager and the
City
Clerk are hereby authorized and directed to execute and
deliver
-
~ u l y 25, 1994 Resolution Book 32, Page 406
each of the Business Documents in the name and on behalf of
the
City, with s u e changes, insertions or omissions as the
person
executing such documents may approve, the execution and
delivery
thereof to constitute conclusive evidence of such approval.
The
City clerk is hereby directed to affix the seal of the City
to
each of such documents as may be appropriate and to attest
the
same.
The Mayor, the City Manager, the Director of Finance and the
City Attorney are hereby authorized to take any and all such
further action, including the approval of modifications to
the
Business Doments, and to execute and deliver for and on
behalf
of the City such docuauents and certificates as may be
necessary
or advisable to carry out the intent of this resolution and
to
effect the design, construction and operation of the Parking
Facility.
Section 3. This resolution shall become effective
immediately upon its adoption.
Upon motion of Councilmember Wheeler , seconded by Councilmember
m b b e 1 1 , the foregoing resolution entitled: "RESOWITION
APPROVING BUSINESS -6 FOR DESIGN, CONSTRUCTION
AND OPERATIOH OF A STADLUM PARKING FACILITYn was pasmed-by
the
following vote:
Ayes: Councilmembers -be1 1. C-d . Martin. Reid. S o w e r and
Wheeler
Noes : None
* * * * *
-
July 25, 1994 Resolution Book 32, Page 407
I, Nancy S, Gilbert , Deputy City Clerk of the City of
Charlotte, Porth Wolina, DO HESEW CERTIFY that the foregoing
is a true and correct copy of so much of the reaorded
pr0ueeding.s
of the City Council of said City at a regular meethg held on
~ u l y 25, 1994, as relates in any way to the passage of a
resolution relating to the &sign, c~nst~ati.on and operation
of
,a stcrlirwa parking facility, that all required notices of
auch
meating were given and that references regarding said prwaedings
r
are recorded in Ninute Book No. 105 of said City Czounoil
beginning at page - and ending at page - and a full cropy of the
foregoing resolution it4 retrorded in Resolution Book No. 32
beginning on page and -ding at page (0(1.
I HBREBY PURTH;EB CERTIFY that a schedule of regular meetiws
of said City Council, stqting that regular meetings of said
City
Council are held (with certain exceptions not applicable to
said
meeting) at the Charlotte-Necklanburg Government Center, 600
East
Fourth ~ t r k t , in Charlotte, North Carolina, in the
Conference
Center oa the first Monday of each month at 5t00 P.M. (workshop)
;
and in the Meeting Chamber on the second Monday of eaah month
at
7:00 P.M., the third Monday of each month at 6:00 P.M.
(zening),
and the fourth Monday of eaah mont;h at 7:00 P.M., has b m n
an
file in the office of the City Clerk pursuant to N.C.C.S.
143-318.12, as of a date not less than seven days before
said
neeting .
-
July 25, 1994 Resolution Book 32, Page 408
WITNESS my hand and the sea l of sa id City, t h i s -day of
July, 1994.
Deputy c i t y clerk
-
July 25, 1994 Resolution Book 32, Page 409
~ m I o n CLO$ING P~~ STREET, MI ALLBYWAY, MID A PORTION OF W T
H COURT LOCAED B- HA- ~ M ( D U I U L s E A ~ I N ' I I I E C m O F
Q R R U Y T T E , lmclaamURG CoUgTy, NORTH CAROLINA.
WWEMW, pursuant to the provisions of Chapter 160A-299 of the
General Statutes of mrth Carolina, the City Council ham c a d to be
published a Resolution of Intent to Close Persi- Street, an
Alleyway, and a portion of Heath Court which calls for a public
hearing on the question; and
W11ER81b6, the petitioner han cawed a copy of the Rapolution ob
Intent to Close Perm-n Street, an Uleyway, and a portion of Heath
Court to be sent by registered or certified nail to all o m e m of
property adjoining the said streets4 Alleyway (or portiona
thereof), and prominently posted a notice of the olbming and public
hearing in at least trso places along Persitmen Street, an
Alleyway, and a portion of Heath Court, all as required by G. S.
160A-299; and
WIIEREFG, the public hearing was held on the 25th day of A 1 v ,
19qg_, and City Council detedned that the closing of Persinkon
Street., an Alleyway, and a portion of Heath Court is not contrary
to the public interest, and that no individual, firm or corporation
owning property in the vicinity thereof will be deprived of
reasonable means of ingress and egress to his or its property.
W , THERPFORS, BE IT RESOLVED by the City Council of the City of
Charlotte, North CarolSna at its regularly assembled meting of July
25 , 19%, that the ~oundil hereby orders the closing of Persiaan
Street, an Alleyway, and a portion of Heath Couxt in the City of
Charlotte, Heeklenburg County, North Carolina a# shown on maps
(attached) marked Exhibit A and as mare particularly described by
metes and bounds in Exhibit B (attached):
BE IT EWRTHER RESOLVKD that a certified copy of this Resolution
be filed in the Offiue of the Register of Deeds for llecklenburg
County, North Carolina.
I, Brenda Freeze, City Clerk of the City of Charlotte, North
Carolina do h e w certify that the foscrgoing is a true and exact
aopy of a Resolution adoptad by the City C-il of the City of
Charlotte, North Car~lina, in regulas sgssion oonvened on the 25th
-of July . I?%n the reference having been made in m u t e %oak 105
,' page , and recorded in full in Resolution Book 32 , page qpg -
413
WITNESS my hand and the corporate seal of the City of Charlotte,
North Carolina this the 27th day of July, 1994.
Nancy S. Gi lber t , Deputy City Clerk
-
July 25, 1994 hasolution Book 32, Page 411 B 1 of 3
PROPOBaD PBE8Il4XON STREET CLOSING LOUIBB AVElsllE TO R A ~ O ~
LlWE
Being all of Persimmon Street located between Louise Avenue and
the proposed right-of-way of Hawthorne Lane and more particularly
described as follows: Beginning at an iron pin set at the
intersection of the Eastern right-of-way of W d s e Avenue and the
Northern right-of-way of P e r s h n Street, eakd iron pin also
being the ma~t Western corner ef the proper;ty a#! the Salvation
Army as recorded in h d Book 7306, Page 861 and Deed Book 6964,
Page 725 in the Me~~enburg County Register of Deeds Office; thence
with the 'Northern right-of-way of Bersimon Street and following
the property line of the Salvation Army crossing a 10-foot alLey
and the prope&y of the City of Charlotte as recorded in Deed
Book 6066,- sage 108 South 75-57-54 East 680.65 feet to an iron pin
set in the proposed right-of-way of iiawthorne Lane; thenoe with
the praposed right-of-way of Hawthorne Larre in two courses as
follows: (1) With a cWve to the left, having a radius of 1,005.37
feet, an arc length of 19.82 feet and a chord baring of South
18-01-41 West 19.82 feet to an iron pin set anB thence, continuing
with a curve to the left with a radius of 1,005.37 feet, an arc
lengkh 19.81 feet and a chord bearing of South 16-53-56 West 19.81
feet to am iron pin set in the lime of the property of the City of
Charlotte as recorded in Deed Book 6066, Page 108 and shown as Tax
Code: 081-111-01 and also being in the Southern right-of-way of
Persimon Street; thence with the Southern right-af-way of Persimmon
Stroet North 76-04-43 West 262.89 feet to an iron pin found in the
Eastern right-of-way of Heath Court; thenoe crossing Heath Court
North 76- 00-22 West 30.35 feet to an iron pin found and being the
most Eastern corner of the proparty og the Salvation llwy as
recorded in Deed Book -1470, Page 506, thence continuing with the
Southern right-of-way of Pershimon Street and the property of the
Salvation Army North 76-07-31 West 425.99 feet to an iron pin found
in the Eastern right-of-way of Louise Avenue; thenoe with the
Eastern right-of-way of Louise Avenue crasshg Persirmaon Street
North 35- 04-29 East 44.30 feet to the point and place of
beginning, containing 27,757 square teet all rrsl shown as Area D,
Area E, Area F and Area 1K on a nap prepaced by the City o
Charlotte, Engineering Department entitled "Alley Abandonment and
Street closing. Property of the City of Charlotte and the Salvation
Army" dated December 6, 1993.
-
July 25, 1994 Resolution Book 32, Page 412
EXHIBIT B 2 4 3 PROPOSBD STR- CZOSINQ PORTION OF EEAIpg
OOtnw
Being a portion of Heath Court located South off of Persimmon
Street'and West of Hawthorne Lana and more particularly described
as follows: Beginning at an iron pin founO at the intersection of
the Eastern right-of-way of B-th Court and the southern right-of-
way of Persimmon Street, also being the mrthwest~n 00mer of the
property of the City 09 ChLarLotte recorded in Deed Baok 6066, Page
108 and show as Tax Code: 081-111-01; &henee with the Eastern
right-of-way of Heath Court along W e property of the City of
Charlotte Swth 11-42-32 West 36.36 feet to an iron pin set; thence
crosaing He%kh Court North 76-00-10 West 30.34 heek to an iron pin
set in €he Western righk-of-way sf Heath Court, being also in the
line af the popesty of the Salvation Amy as recorded in Deed Book
1470, Page 506; thenee with the Salvation A m y pr~prty along the
Western right-of-way of Heath Court North 11-41-00 East 36.36 feet
to an iron pin found in the Southern right-of-way of Persimmon
Street; thence with the Sauthern right-of-way of Persimmon Street
South 76-00-22 East 30.35 feetto the point and pLwe of beginning
containing 1,104 square feet a11 as shown as ~ r e a 6 and Area x
on a map prepared by the City of Charlotte, Engineering Department
entitled -Alley Abandonment and Street Closing, Property of the
City of Charlotte and the Salvation Amyu dated Deaanber 6, 1993 and
revised June 8, 1994.
-
J u l v 25. 1994 - - - , - - - Resolution Bosk 32, Page 413
-1TB 3 o f 3
Being a l l of t ha t 10-foot a l ley located on the Northerly s
ide of Pezsiafmon Stree t n-r L o u i s a AVW~B bomW by the
properf$es of t he SalVa%ion &my and fike @&ky .oS
Charlotte sad mors particulecrly deserilsed ad foUilllowsf Begbk:nq
a& am ~ k o n gin f w d on the lsortherly &de of Per:s8hmob
:@a&., eaic9 iron pin b e L m j Lotoca%sd South 75-57-5,4 Bast
Z12. ,486 E t m t few iron p&n st& a& t h e
interseatian of *:hs Eaet-. 2?igl&t+%~y of W d s e Avenue and
&he Nort&ern ri.gibt-aS+way af RBr~p&mon Sweet: theme
fx- i a id
* begfmiiig pdI~nt along fhe psopertililabi af Salvakiea. Amy ss
reccrrdWifi med Bock f3aal Page am& DeeB Book 6964, Page 725 In
theiBWd~%sRWrg OOunity ~Z8egir;tat ei Be* Offkae, . W e r t h .
PL-45-06 Ea&'k37.5a ieet to a& &a-*ma of me w-pPerey of
C i t y of m d a ~ e e e a s bf n;8@ -,ok 6@66., mge 3&3;
thenee with &he p ~ q e r t y of Ohe CZty of :C&axkotte
North 11-4s-05 W e s t 36.80 fwt the Sbut2a-n &de .df a e lo sd
l a l ley way; the@* with the s.orlthorn :&Be of a clos%d
alrl-ey way Souit31 64-22-50 Eats)& 10.29 f e e t tt3 a paSnt,
t h e a . m e t&&&ami c e n e of the propwtp of t$e
City 6f char$,i3%te as rec@@@ i n lXed Be& 6066, Page 308;
thence with We @opefty of the Ciky ,af C&wlett;e Scat21
11-4L5-B5 Wradt 172.40 feeg t o gm Aron pie found i n lshs l%ethern
right-of-wqy of Persilmasn Street; t3mn~~B '~5th e Ng&hern
right-caf-way of ~ersiBlm~ Stree t 1Yor* 79-2'0-32 Weat 10.02 t@
@he point. e@d plaliaoe of beginning containing 1,736 square 'feet
i.fl a s shown Area ,Q,, Wea H and A r e a J on a m & ~ u r a~a
red bv the Citv of Charlotte. Engineering Department &ntltlLd
"~11;~ ~bandonient and ~ t r e e i Closing, Property of City of
Charlotte and Salvation AmyM dated December 6, i9931
-
J u l y 25, 1994 Reso lu t ion Book 32, Page 414
RBSOLUTION CLOSLElO W Y ~UNMZNG (i) EROJH W T FTFTH STRSET TO
URBEBWAY AVBWB IBETwEEN CASWEU ROAD AEH3 RXDGJR@Y AVENUE) AND (ii)
FF$OM GF3BNWAY AV%EIIW TO EAST SSVENTH STBEST (BgIWBBH -WELL RON3
AND RIDGSWAY AVEWUE) rN f.N ClTX OF C&BRLOmB. MECKLlW?3URG
COUWTY, NOR!PH CAROLIrn
IBHIWAS, pursuant t o the provieiona of CkapCer 160A-299 of the
General Statutes of North Carolina, the City Council has caused t o
be published a ResoPution Declaring Intent t o Ahandon and Close
the reference& =ley vzlnic% d l s for a public hearing on the
question; and
WHEREAS, the Petitioner has caused a copy of the Resolution
Declariag fatent t o Abandon and CSose the refemnued Atley to be
sent by r e g i t e r e d o r cer t i f ied mil t o a l l om- of
property adjohing t W sasd Alley and prominently posted a notice of
the closing and public hear* ia at leas t two plams along the
referenced Alley, a l l as required by N.C.G.S. 260A-299; and
WHEREAS, the public hearing was held on the day of Jul v , 19%
and City Council d e t e d d that the
closina of the referenced RUev is not contram ts the nublic
intereGt, and that no individGa1, ftrm or c&ration owning
property i n the vicini ty thereaf wilJ. be deprived of reasonable
means of i n p e a s and egress to h i s or its property.
NOW, TEl&EFORE, BE 3BI RESOL?OD by the City Council of the
City of Charlotte, Nerth Cilrolizla at its regularly asseinbleel
meeting of
J u l v 25 , a9&, th%r the Couno3.1 herebay orders the
closi%zg of che refmreaced A l l e y dn the City 6 Chiarlotte,
Mecklenburg County, North Carolina (reservimg, howewer, certain u t
i l i t y easements and road rights of way) as descr5bed below:
LYING JD BEING i n Charlotte, Wcklenburg Couaty, North Carolina
and being mere particularly described as follows:
BBm E W at p0-int in the mJcUtererly margin & Bast ZIfOth
Street, 'ImtNeen C a s w e I l ma@ and Rimway ahtealue., being the
m ~ u t ~ a s t e r l y comer :of Lot .32 of BLock 2 d.f Rosenmn$:
e shown: on "the. Rewised 'Mzp o,f Rsstmmit reeor&wA bn NIag
Book 332 a% Bage 230 of eha! ' ~ck lenburg County :Reglistby, and
running Ehenoe wixh, t s h eaetetJ.y b.8~~1dary of &id bt 32
Nmth 4O,-bB B ~ a t 17k.S feet tg the somtheaate%3y corner oE
&Lot 12 of mock 2 lWsexmnt &s ehauta aa$d Map; ,6@w with
the easltgw1:y 'botmdary of m i d rot 10 Moxth W-j09 East 2QO. !5
feet 'to the norrtP1eastparLy comer of saSd L e t in i n the
soutWrl~y margin of Greenway ZLmnue; thence wi4h the sm~&herly
margio of Greenway Avenue i n a sbuthwmte.rLy cYireeQion
approxianataly 10 f.eet ho the no*tbmse~erly corner of Lot: 12 of
Baoah 2 of BoseWml: as ehown on said w; th-e wi tZi the mrestep:ly
boundary Q G ~ Ws2 fro8 12 South 40-09 W e s t 200.0 feet t o the
northwesterly corner of Lot 33 of
-
July 25, 1994 Resolution Book 32, Page 415
lock 2 of B ~ ~ ~ t as s&amwn .a, saia m p ; tB@nee with
't&e westerly born&- 0~ a & at , math $@-a9 &?ijJ~,
3171 .a feet to the southwesterxy !y@mr of s&d tag 33 fn the
nwc[h%rly iftazgb of East Fifth t-ce with Efke ap]~ebrly.qargin of
ipask F,&Zlth Street North '52.-1.@ West 10 fgef t.Q me ,pQ?ht
sand place af BE@==., and being that s t r i p of lana 1 0 feet i n
wb&th rwdrlg 'fsm the northerly margin of B a s t Pieth Street
to the southerly margin Of Greemy Avenwe as shown on &he
Bevised Map of Roseont re.c;or&d i n Map Bmk 332 at. 230
,&&. ~ckle&;urs Cmnty Reg.istay.
PROVIDm, k f ~ , the CTty oof .@wa;l;lott.e rwe.-, czeatnrs
&ad grant& he f T & h g (PII&W&S :a& rigbm
en way, ant3 tb: pmp.r+y
* deecribed &me is hereby made arid shall be conveyed
su33j.eCt thereto:
- (a) a --at favw o;f WlSaukh ~ e ~ n h c a t i o a e 3 , 3W.
%on, M.er .am3 acrwci the entire property 'described &v@ f s r
af%wssz t o a d for the dashailati.a, ntah~enancre, r ~ y a b ~ . w
a k am3 repair of ,,cabhas, 1 , w i r e s atxd related
e;&_]pnrrsat, inclclding' the ria& t o trim trees and
v&getatioO aei r@quirett; (b) emement i n favez of D u b Power
Gsqpany upon.,. GiFLdler and acrwi. entire pcaperty b s ~ i b e d
*owe for acsees .t;o and. for t& i ~ t a l l a t i a n , ,
mai.nt.enagde., ~eplaoement an@ repair oe c a l . ~ , mles, w l M
& and sel@ttsd emipmnt, in~luld.i~sg 'the right t o t r i m
&ree8 :an& vegetat$on required; and
(c) a rtoed right de way i n favor of the City of C b r L , ~ t
t e m d & - Che hr lo t cec ~ w @ n e ~ gf [email protected] upan
and aGroa& a portion ~ % f the propany -aribed above., Wing a
strZp five 15) feet: La wjLBt;h ramzing alorrg and adja-cen& t
o the smtkfL.y marmargin of e b exhskiag riglie of way (40 E:aet)
of (Ireenwsp avenue.
E i z 3 2
BEGINNING at a point Sn the aio~t-hecly margin of (Ei?Waw@y
Avenue, between Camell Street and Rkdge~yAv&nue,'hing the
southewterly corner of LF& 24 of Blosk 1 of ~ o s a m n t as
shown on the Slsd~e& Wp of as-$ =corded in Map Book 332 a t
Page 230 of tb &,c%lenburg County mgitiextry, %nd qma&agj
t!&%aee ~ 5 t h t'he eamtg~2y bm~@Sry cf said Jj@C 2% North
40-&:$ $3aN 159.4 t'a the: soutba-gfp%+Ely c&mlYar of Lot
10 :@f; ?#&oak 1 6.g &@*It aar &am em @aid Ma@;.
tIhSrbOe wieh the ~ k e e a ~ &u&sy of Lot 2.D Hers 40-55
Wwt 1%5.:Q d e t Co the ~ o ~ ~ ~ e . ~ . ~ y ~ ~ 3 8 s & ,said
&k 1.0 & ..tw. e , ~ u a r l mrgin of East ~ & e ~ ~ i
t & gt~eet . ; . t w a e wLt@ tha =t$herlg aBrg$i ,& g a t
sevent;h St- Jn .a . @ o h l t ~ ~ e e , r l y ,d ixea t i~n
a@pr~~Iba&&y 10. Peek to the :norfhW&st,e~lg Gb=?2 ,of
Gat. 11 @f @lock 2 0f EoqegIont as .shown sa&.d mp; , + t m c e
k ~ i ~ tw , n e ~ l t ~ l y 'bounaxy W saia. Lot I1 South 40-55
17'5,,@ feet t o the nmtbwe~~er ly c.Qmer af Lot 25 of BLOC&=
af a o s ~ n t :a skom on sa.id Map; khende d t h the westeely
bo-ry of the ne$@ Lot 25 South 40-55 W e s t i59.9:6 feet to the s
o u t m t e s l y comet of said Lot 15 i n the apnoherlp margin
-
July 25, 1994 Resolution Book 32, Page 416
of Greenway Avenue; theme w i t h the northerly margin of
Greenway Avenue i n a northwesterly direction ,approximately 10
feet t o the point and place of BEOI t fk~ , and being that s t r i
p of land 10 foot i n width miming from the norfhe2ly margin of
Greenway Avenue t o the southerIy margin of East Seventh Streset as
shown on the Revised Map of Rosemollt recarded i n Map Book 332 at
Page 230 of the Mecklenburg County Registry.
PROVIDED, HOWEVER, the City of Charlotte reserves, creates and
grants the &%lowing eageanents an6 r ights of way, Ftad the
property described above is -by made and shall be conveyed mubject
thereto:
(a) an easement i n favor of BellSouth Telecommsroications, Inc.
upon, under and across the en t i re property described above fo r
access co and fo r the i w t a l l a t i o a , i f i a i n t e ~ ~
c e , replacement and repah of cablee, palee, w i r e s end
reLat& equipment, inclu&iag the r igh t t o t r i m t rees
and vagetz&ki~n as required;
(bl an e.a@ment i n favor of Duke Power Company upon, under and
across Che enkire property described move Fdr adcehls t o and f ~ r
tlhe iin.stalfat%on, m a i a ~ e e t , rop$acem& and repair sf
cables, goleg, wires ddd selated eqaztpment, i n c l ~ d i n g the
r ight t o trim, tsees and vegetation as required; and
(c) a road r ight ef way i n favor of lthe C i t r of Charlotte
&/or khe Charlotte Department of Trassporttcthn upon an&
acrosrs a portion of the pzopett-y Wdrrbe& &we, being a s t
r i p five :(5) feet i n wiath running along and aaj'acent t o the
nomhq&y iDlargio of the existing r ight of .way 1.40 f ee t )
of a r m y Avenue and b e h g a str& tw ((10) Em.t i n width
running along &ad adjacent to the southerly WargSs of the
existing r ight of way 160 fee t ) of East SevelitR Street.
BE. 1 &JEBX#R 'RESWm chat a centif&& of th ie
Resolutiplt be, fil.& i n the Office of the R e g i s t e t .of
peed8 fo r Mecklenbwrg Cowty, m r t h Carolina.
I, Nancy.5. Gi lbert , Deputy City Clerk of the City of
Charlotte, North Carolina do hereby ce r t i fy tha t the foregoing
is a t rue and exact copy of a Resolution adopted by the Cipy
Councfl of the City of Charlotte, North Carolina, i n reqular
seesion convened on the 25th - day of JuIv , 1 9 9 4 , tke
reference having been made kn Minute Book 105 , page , and recorded
i n f u l l i n Resolution Book 32 , Page 414-416.
WITMESS my hand and the corporate seal o f teh Ci ty o f
Charlotte, North Carolina $&&he 27th day o f July, 1994
Nancy S. Gi lbert , Deputy C i ty Clerk "
#
-
July 25, 1994 Resolution Book 32, Page 417
RErnLrnON ADOPTING THE WGlQWAL L W USE W O N
CENTERS AND COMMIXXU PATFEW
WHEREAS, the City ofcharloae bbves that dl h a d pvemments
within the M e t r o p h A r e a m u e t w o r k t o ~ i n o r d r
P t o p r ~ a n c e o n o r n i c s l l f . ~ . . region, livabte m
d t i e s with their identities presewed, and the best in
aecessibitity throq&out the aria;
WHBLEAS, the City of Chariotte reco;gnize9 Dbere is s need to
endorse a common land use policy and strate;gy ad c o m p I ~ t a r
y tmqwWbfl inveshmt that will inmaw growth potendal while holding d
m long-tm capidat d mint- costs;
WHEREAS, the City of Chatlotte emognbs the pmdneme and importaw.
of local initiative stad intrngovemnentd meperation in plannhg
&r , r o d m & i that includes road& transit and
aviation systems tErat are inter.oorect&
-AS, a Regional C o d t t e e of 100 was commissioned to develop
and recommend a Transit snd Transpdon Pdjcy and Strate~y for the
Regi09 and it has endorsed a Centers and Corridors Land U&
Vision;
WHEREAS, the City of Clwlotte W been p-ed this Regional Land Urn
Vion that ~ E o r m a j w ~ t o b s ~ ~ w i t b i n , o r ~ t h e ~
o 8 8 ' m a j o r u r b a n c e m t e r s a n d corridot9,'iind is
hereby attached,
NOW THEREFORE, be it resohred by the Charlotte City Council,
City of Charlotte on this 25th of July in the year 1994, that the
Re$ional];aod Use Y h n developed by the
C~eeof100,besdoptedsspoSioyto~anddireotourcapital~tmeat decisim ad
local land use planning idhhes, and M o r e d i i the managex and
staffto wark towards the bpkmentetion of this policy through
carefbi stuay and cQijiaansfion with,our redo& partners.
-
July 25, 1994 Resolution Book 32, Pag 418
I, Nancy S. Gilbert, Deputy City Clerk of the Cify of Chardotte.
Na& ~l~ do hereby certify that the foregoing is a true and matt
cqy of a Resolution adapted by the City Catncil of the City of
Chmlotte. N o d CaroIba, in regular session amvenal on the 25th day
of July 1994, the reference h a w been M e in Minute Book 105 , and
reeordal in full in Resolution Bod 32 , Ms~ 417-418
WlTNESS my haad aad the corporate gePll of the Ciq of CbacIotte,
None Carofina, this the 27th day of 3111 y , 1994.
~ a n e y S. ~.ilbert, Deputy City clerk