NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

CHAPTER 783

HOUSE BILL 1161

AN ACT TO ALLOW THE CITY OF CHARLOTTE TO RELEASE ANY INTEREST IT AND THE PUBLIC GENERALLY MAY HAVE IN AIR RIGHTS ABOVE CERTAIN CITY STREETS FOR THE PURPOSE OF PERMITTING SOUTHERN RAILWAY COMPANY AND ITS ASSIGNS TO BUILD OR OTHERWISE ERECT IMPROVEMENTS OVER AND ACROSS SAID STREETS FOR PRIVATE PURPOSES IN CONNECTION WITH DEVELOPMENT OF ADJOINING LANDS.

The General Assembly of North Carolina do enact:

Section l. The governing body of the City of Charlotte is hereby authorized and empowered by resolution, ordinance, or other proceedings deemed advisable, or such papers as may be necessary, including but not limited to deeds of air rights over the streets hereinafter mentioned, to release, for the purpose of permitting Southern Railway Company and its assigns to build or otherwise erect ramps from parking lots to pedestrian walkways and pedestrian walkways the floor of which shall be no more than thirty (30) feet above the present elevation of the intersection of the centerlines of South College Street and East Fourth Street which is approximately seven hundred forty six and one-half (746.5) feet above sea level over and across certain streets for public and private purposes in connection with development of adjoining lands, the interest of the City of Charlotte and the public generally in and to all right, title and interest in the space above the following portions of the following streets, subject to the foregoing:

"That portion of East Second Street between the easterly line of the property leased to North Carolina National Bank as described in amendment to lease recorded at Book 326l, page l70 of the Mecklenburg County Registry and the westerly right-of-way line of South Brevard Street both extended across Second Street; together with all of East Third Street between South Brevard Street and South College Street; together with one area of access not more than 40 feet in width running across East Fourth Street between South Brevard Street and South College Street; together with two areas of access of not more than 40 feet each in width running across South College Street between East Second Street and East Third Street, and together with two areas of access of not more than 40 feet each in width running across South College Street between East Third Street and East Fourth Street."

Sec. 2. Such areas of access running across East Fourth Street and South College Street shall be horizontally located in a manner to be approved by the City of Charlotte.  Ventilation and lighting shall be constructed and maintained in a manner to be approved by the appropriate department of the City of Charlotte.

All building and other improvements shall be approved by the appropriate department of the City of Charlotte as to design and construction, and maintenance and operation of the same shall be in accordance with all applicable ordinances of the City of Charlotte.

Sec. 3. All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 4. This act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 7th day of July, 1971.