NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 128

SENATE BILL 74

 

AN ACT TO REDEFINE THE CORPORATE LIMITS OF THE CITY OF MORGANTON.  

 

The General Assembly of North Carolina enacts:

 

Section 1.  The first sentence of Section 1.3 of the Morganton City Charter, as enacted by Section 1 of Chapter 180, Session Laws of 1975, is rewritten to read:

"The corporate limits of the City of Morganton shall be as follows, until changed in accordance with law:

BEGINNING at the point of intersection of the centerline of the Catawba River and the centerline of Hunting Creek and runs thence downstream with the centerline of the Catawba River in an Easterly direction 2,750 feet more or less to a point; thence Southerly to a point on the southern bank of the Catawba River, said point being the northeast corner of a tract of land owned by the City of Morganton; thence South 6° 06' West 2,543 feet more or less with the City of Morganton's property line to a point; thence South 82° 04' West 650 feet more or less to the west right-of-way limit boundary line of a road leading to Causby Stone Company; thence along the west right-of-way of said road in a Southwesterly and Southerly direction 975 feet more or less to a point in the City of Morganton's property line; thence North 84° 46' East 60 feet more or less crossing the Causby Stone Company access road to a point; thence continuing North 84° 46' East 1,056.6 feet more or less to a point; thence South 82° 14' East 67.22 feet to a point, a northeast corner of the City of Morganton's property; thence with the City of Morganton's property line South 1° 38' West 808.1 feet more or less to a point; thence South 11° 34' East 708.12 feet to a point near a bend in Hunting Creek; thence with Hunting Creek and continuing with the City of Morganton's property line South 52° 35' West 84.55 feet to a point; thence South 11° 24' East 524.09 feet to a point; thence South 10° ll' East 220.53 feet to a point; thence South 13° 14' East 166.20 feet to a point; thence leaving the creek and continuing with the City of Morganton's property line North 86° 09' West 446.42 feet to a point in the centerline of Hunting Creek; thence South 4° 57' West 87.34 feet to a point; thence North 35° 53' East 25 feet to a point in Hunting Creek; thence with Hunting Creek upstream South 48° 30' East 139.5 feet to a point; thence North 85° 03' East 174.62 feet to a point; thence leaving the creek South 40° 08' West 25 feet to a point near the bank of Hunting Creek; thence continuing with the City of Morganton's property line South 49° 52' East 150 feet to a point; thence South 40° 08' West 503.25 feet; thence South 49° 52' East 218.77 feet to a point; thence with a curve to the right chord bearing South 44° 36' East, chord distance 228.72 feet, arc distance 229.01 feet to a point; thence South 50° 40' West 105.45 feet to a point in the northeast right-of-way of Kirksey Drive (SR 1443); thence crossing Kirksey Drive South 50° 40' West 100 feet more or less to a point in the southwest right-of-way of Kirksey Drive; thence Southeasterly with the southwestern right-of-way of Kirksey Drive; 119 feet more or less to a point at which the property line of the City of Morganton intersects said right of way; thence with the City of Morganton's property line North 69° 30' West 1,560 feet more or less to a point; thence North 4° 19' East 315.65 feet to a point; thence North 15° 52' East 26 feet to a point; thence North 22° 02' East 100 feet to a point; thence North 16° 21' East 140.05 feet to a point; thence North 2° 24' West 42 feet to a point; thence North 29° 00' West 109.2 feet to a point; thence North 51° 25' West 573.88 feet to a point in the centerline of Goose Branch, thence following Goose Branch to the point of intersection with the corporate limits boundary line of Morganton as fixed by Chapter 104, Private Laws of 1913, as amended by Private Laws, Extra Session 1921, Chapter 91, Section 1, and being that boundary line including all the territory situated 1 1/8 miles of the center of the Courthouse, the same being hereinafter designated as a Charter boundary line, same point being 200 feet southeast from the center of Brookside Lane; thence in a Southeasterly direction with the Charter boundary line to a point 200 feet north of the right-of-way of East Union Street (US 64-70 Business); thence in an Easterly direction parallel with Union Street at a distance of 200 feet north of the right-of-way of Union Street to a point 200 feet East of the eastern right-of-way of Fleming Drive extended to the Northeast across US 64-70; thence the boundary turns South 34° 53' West and follows the extension of the eastern right-of-way and the eastern right-of-way of Fleming Drive at a distance of 200 feet to a point, said point being the northeast corner of a tract of land owned by BET Investments and on which is located Burkeley Square Shopping Center; thence South 41° 15' East 469.60 feet to the southeast corner of said tract; thence along the southern property line of the BET Investments tract South 63° 47' West 467.22 feet to the southwest corner of said tract, said point being in the eastern property line of a tract of land owned by W.C.S. Associates; thence with the eastern property line of W.C.S. Associates South 23° 21' 24" East 953.48 feet to the southeast corner of W.C.S. Associates; thence South 23° 12' 59" East 350.2 feet; thence South 88° 20' 17" East 140 feet; thence South 1° 39' 31" West 180 feet; thence South 23° 32' 18" East 395.78 feet; thence South 66° 40' 37" West 150 feet; thence South 56° 11' 48" West 40.68 feet; thence South 66° 40' 21" West 158.84 feet; thence South 23° 19' 27" East 100 feet; thence South 17° 5' 52" East 100 feet; thence South 17° 5' 52" East 174 feet; thence South 24° 2' 4" West 55 feet; thence South 54° 42' 47" East 85 feet; thence South 35° 16' 49" West 160 feet; thence South 55° 50' 42" West 42.73 feet; thence South 35° 16' 42" West 150 feet; thence South 54° 43' 10" East 128 feet; thence South 65° 57' 39" East 89.5 feet; thence South 65° 57' 43" East 296.88 feet; thence South 65° 57' 11" East 40 feet; thence South 65° 57' 43" East 100 feet; thence South 24° 2' 52" West 149.89 feet; thence South 19° 28' 48" East 85.13 feet; thence South 45° 37' 27" West 149.94 feet; thence South 44° 25' 40" East 283.97 feet; thence South 46° 36' 13" East 96.27 feet; thence South 27° 5' 42" West 211.8 feet to a point, said point being in the centerline of Bethel Road (SR 1704); thence South 27° 0' 2" West 1,375 feet to a stone monument; thence North 48° 46' West 905 feet to a point in the center of East Prong Creek, said point being 2,075 feet more or less south of the intersection of East Prong Creek and Bethel Road; thence turning at this point to the South and following the meanders of the centerline of East Prong Creek approximately 3,750 feet more or less and crossing East Parker Road (SR 1708) to a point at the fork of East Prong Creek and an unnamed branch; thence the line turns in an Easterly direction and follows this unnamed branch depression and the Grace Hospital property line as it meanders for a distance of 1,095 feet more or less to the common property corner of the Wesley Parker Estate, Grace Hospital, and the southwest corner of Morganton Medical Associates; thence North 51° 29' West 291.96 feet; thence North 51° 52' West 197.56 feet; thence North 4° 57' West 71.44 feet to a point in the centerline of Parker Road; thence North 5° 00' West 33.54 feet more or less to an iron pipe on the bank of East Parker Road; thence continuing with the Morganton Eye Physicians property the same bearing North 5° 00' West 375.60 feet more or less to an iron pipe; thence continuing with the Morganton Eye Physicians property North 00° 11' East 207.93 feet more or less; thence with the line of Clark, McGee, and Willis South 86° 03' East 569.66 feet more or less to an iron pipe on the edge of a gravel road; thence with the gravel road South 5° 23' East 101.16 feet more or less to a steel pin; thence with the gravel road South 38° 30' West 120.60 feet more or less to a steel pin; thence with the gravel road South 10° 00' West 78.00 feet more or less to a steel pin in the centerline of East Parker Road; thence with the centerline of East Parker Road South 56°12' West 143 feet more or less; thence leaving the centerline of East Parker Road South 52° 06' 20" East 271.91 feet to a point in the property line of Morganton Medical Associates, said point also being the northwest corner of Athletes Anonymous; thence with the northwestern property line of Athletes Anonymous North 34° 31' East 119.70 feet to a point; thence South 55° 29' East 208.58 feet to a point in the Grace Hospital property line; thence in a Northeasterly direction and following Grace Hospital's property line and a depression in the land to a point 200 feet southwest of East Parker Road; thence the line turns in a Southeasterly direction following 200 feet southwest of the right-of-way of East Parker Road for a distance of 1,050 feet; thence the line turns in a Southerly direction following a property line for a distance of 110 feet more or less to the northwest corner of a tract of land owned by Burke County; thence with the property line of Burke County South 59° 58' East 100.79 feet; thence North 43° 37' East 55.10 feet to a point; thence South 55° 06' East 220.26 feet to a stake; thence South 55° 06' East 116 feet to a stake; thence North 39° 19' East 199.12 feet; thence the same course North 39° 19' East 12.93 feet to a point in the center of East Parker Road; thence with the centerline of East Parker Road the following courses and distances: South 53° 21' East 261.97 feet; thence South 55° 54' East 250.27 feet; thence South 59° 13' East 166.70 feet to a point; thence leaving the centerline of East Parker Road South 2° 56' West 639.03 feet to a point; thence North 89° 48' East 401.43 feet more or less to a point; thence South 2° 09' West 18.64 feet to a point at which the property of Burke County intersects the northern right-of-way limit boundary line of Interstate 40; thence in a Westerly direction with the northern right-of-way limit boundary line of Interstate 40 to a point, said point being 1,340 feet more or less East of the intersecting point of the northern right-of-way of Interstate 40 and the eastern right-of-way of NC Highway 18; thence crossing Interstate 40 perpendicular to the centerline of Interstate 40 260 feet (Survey Station 135 plus 00) to a point in the southern right-of-way of Interstate 40; thence following the southern right-of-way of Interstate 40 in a Westerly and Southwesterly direction 660 feet more or less to a point, said point being the intersection of the southern right-of-way of Interstate 40 and the eastern right of way of NC Highway 18; thence running in a Southwesterly direction and perpendicular to NC Highway 18 50 feet to a point in the centerline of NC Highway 18; thence in a Southeasterly direction with the centerline of NC Highway 18 40 feet more or less to a point; thence leaving the centerline of NC Highway 18 South 37° 38' West 50 feet to the northeast corner of Lutz-Yelton Oil Company, Inc.; thence running with the southern right-of-way limit boundary line of NC Highway 18 South 52° 22' East 460.00 feet more or less to a point; thence South 37° 38' West 437.80 feet more or less to a point in the center of a branch; thence with the center of the branch as follows: North 55° 13' West 47.36 feet more or less; North 83° 57' West 155.55 feet more or less, South 67° 26' West 60.13 feet more or less; North 75° 11' West 87.98 feet more or less; North 43° 49' West 60.18 feet more or less; thence leaving the said branch North 78° 31' West 390.27 feet more or less to a point on Old Mill Race; thence North 13° 32' West 93.47 feet more or less; thence North 67° 33' 34" East 628.49 feet more or less to the southeast property corner of Lutz-Yelton Oil Company, Inc.; thence North 52° 22' West 248.92 feet to a common corner of Lutz-Yelton Oil Company, Inc. and Quality Oil Company of Statesville; thence with the southwest property line of Quality Oil Company of Statesville North 52° 22' West 136.34 feet to a point; thence with Southview Motel Corporation, Inc. property the following calls: South 49° 04' 10" West 86.98 feet to a point; thence South 88° 16' West 58.86 feet to a point; thence North 47° 34' 20" West 147.98 feet to a point; thence North 21° 39' 30" West 92.38 feet to a point; thence North 42° 44' 10" East 33.28 feet to a point, being a common corner with Lutz-Yelton Oil Company, Inc. and Southview Motel Corporation and runs thence North 74° 45' East 20.0 feet to a point being a southeastern property corner of Lutz-Yelton Oil Company, Inc.; thence with Lutz-Yelton Oil Company, Inc. North 15° 15' West 52.00 feet to their northeast property corner and being in the southern right-of-way line of Interstate 40; thence Southwesterly with the southern right-of-way line of Interstate 40 and northern property line of various owners 1,160 feet more or less to a point, being the northwestern property corner in the southern right-of-way line of Interstate 40 of Harriet L. Stroup and husband, Fred H. Stroup, and also being the northeastern property corner in the right-of-way line of Interstate 40 of Ira Dale Sedberry; thence from the southern right-of-way line of Interstate 40 and being perpendicular to the southern right-of-way of Interstate 40, Northwesterly 260 feet more or less to a point in the northern right-of-way of Interstate 40; thence in a Westerly direction following the northern right-of-way limit boundary line of Interstate 40 3,900 feet more or less to the intersecting point of the northern right-of-way limit boundary line of Interstate 40 and the western right-of-way limit boundary line of Enola Road (SR 1922); thence with the western right-of-way limit boundary line of Enola Road crossing Interstate 40 and in a Southerly direction 800 feet more or less to a point; thence Easterly crossing Enola Road (SR 1922), perpendicular to the centerline, 60 feet more or less to a point in the eastern right-of-way limit boundary line, said point also being the northwestern corner of property owned by Texaco, Inc., a Delaware corporation, and recorded in Book 231, Page 667, Burke County Registry; thence with the property line of Texaco, Inc. South 89° 27' East 173.35 feet more or less to a point in the western property line of Charlie E. Harmon; thence continuing with Harmon and Texaco, Inc. South 00° 53' East 110.22 feet more or less to a point in the northern margin of Drury Lane; thence Westerly with the northern margin of Drury Lane and the southern property line of Texaco, Inc. North 89° 04' West 165.00 feet more or less to the eastern right-of-way limit boundary line of Enola Road (SR 1922); thence Westerly crossing Enola Road (SR 1922), perpendicular to the centerline, 60 feet more or less to a point in the western right-of-way limit boundary line of Enola Road (SR 1922); thence with the western right-of-way limit boundary line of Enola Road in a Southerly direction 2020 feet more or less to a point in the southern property line of the State of North Carolina (Western Carolina Center Tract); thence with the southern line of the State of North Carolina (Western Carolina Center tract) South 84° 49' West 343.50 feet to a point; thence South 5° 11' East 117.60 feet to a point; thence South 85° 25' West 844.70 feet to a point; thence North 75° 17' West 273.50 feet to a point; thence South 81° 30' West 1,521.90 feet to a point in the centerline of Hunting Creek; thence running downstream with the centerline of Hunting Creek in a Northwesterly direction 3,095 feet more or less, said point being a property corner of the City of Morganton (cemetery tract); thence with the City of Morganton's property line South 51° 55' West 12.25 feet to a point; thence South 35° 14' West 628.71 feet to a point; thence South 37° 46' West 437.98 feet to a point; thence North 86° 44' West 97 to a point; thence North 66° 44' West 267 feet to a point; thence North 49° 21' West 331.75 feet to a point; thence North 35° 09' West 239.86 feet to a point; thence South 79° 56' West 200 feet more or less to a point in the eastern right-of-way limit boundary line of Williams Road (SR 1941); thence Northerly and Northwesterly along the eastern right-of-way of Williams Road 1,000 feet more or less to the intersecting point of the southern right-of-way limit boundary line of Interstate 40 and the eastern right-of-way of Williams Road; thence North 65° 36' East 238.53 feet with the right-of-way of Interstate 40 to a point; thence Northerly crossing interstate 40 perpendicular to the centerline of Interstate 40 310 feet more or less to a point in the northern right-of-way of Interstate 40; thence in a Westerly direction following the northern right-of-way of Interstate 40 3,500 feet more or less to a point in the centerline of Henredon Branch; thence the boundary turns Northwest and follows the meanders of the centerline of Henredon Branch downstream 4,950 feet more or less to the centerline of the Southern Railway; thence in a Westerly direction following the centerline of Southern Railway 3,300 feet more or less to the center of Silver Creek; thence in a Westerly and Southerly direction following the meanders of the centerline of Big Silver Creek for a distance of 4,885 feet more or less to a point in the center of the Duke Power Company transmission power line right-of-way; thence along the center of the power line right-of-way South 70° 18' East 746.55 feet; thence South 10° 35' East 193.55 feet; thence South 49° 16' East 229.07 feet; thence South 13° 25' East 155.19 feet; thence South 56° 35' East 689.53 feet to a point on the western edge of a private road; thence following the western edge of the private road South 15° 30' East 385.19 feet; thence South 81° 18' West 221.67 feet; thence South 15° 30' East 221.9 feet; thence North 88° 56' East 253 feet to a point on the western edge of a private road; thence following the western edge of the private road South 19° 10' East 405 feet to a point on the northern edge of the Interstate 40 right-of-way; thence in a Westerly direction along the northern edge of the Interstate 40 right-of-way as follows: South 87° 40' West 100 feet; North 81° 27' West 100 feet; North 70° 25' West 100 feet; North 63° 30' West 100 feet; North 56° 45' West 100 feet; North 60° 25' West 100 feet; North 70° 07' West 100 feet; North 80° 37' West 100 feet; South 86° 50' West 45 feet to a point; thence leaving the right-of-way of Interstate 40 North 2° 55' East 157 feet to a point; thence South 88° 14' West 432 feet to a point; thence North 2° 55' East 50 feet to a point; thence South 89° 22' West 241.74 feet to a point; thence South 2° 55' West 75 feet to a point; thence South 26° 45' East 172.79 feet to a point in the northern edge of Interstate 40 right-of-way; thence along the northern edge of Interstate 40 right-of-way South 87° 05' West 69.05 feet; thence leaving the right-of-way of Interstate 40 North 26° 45' West 168.03 feet; thence North 1° 45' West 189.90 feet; thence South 88° 22' West 967.4 feet; thence South 1° 38' West 371.39 feet to a point on the northern edge of Interstate 40 right-of-way; thence following the northern edge of the Interstate right-of-way in a Westerly direction 8,400 feet more or less to a point in the northern right-of-way limit boundary line of Interstate 40, said point also being the southwestern property corner of Kirksey & Company; thence North 23° 00' West 1,100 feet more or less to a corner, said corner being the common property corner of the Kirksey & Company tract and a tract of land owned by Robert Kirksey; said corner also being in the eastern line of the J. Earl Abee tract; thence with the Robert Kirksey and J. Earl Abee common property line North 15° 34' 30" West 312.33 feet to a point; thence North 70° 00' 35" West 883.02 feet to a point, said point being the northwestern property corner of the J. Earl Abee tract and a corner in the eastern property line of James Edward Proctor; thence North 70° 00' 35" West 37 feet to a corner, said corner being the southwestern property corner of the Robert Kirksey tract; thence with the Robert Kirksey and James Edward Proctor tracts North 3° 14' 45" West 83.79 feet; thence North 17° 19' 42" East 200.74 feet; thence North 24° 34' 40" East 115.88 feet; thence North 42° 13'02" East 71.87 feet; thence North 78° 00' East 115 feet to a point, said point being located in the center of Little Silver Creek, said point also being a common property corner of the Thomas Hefner, Robert Kirksey, and James E. Proctor tracts; thence with the meanders of Little Silver Creek in a Westerly direction 160 feet; thence South 48° 00' West 274 feet to a point in Little Silver Creek, said point being the southwestern property corner of the Thomas D. Hefner tract; thence with the common property line of the Dellwood Heights Subdivision and James Edward Proctor South 13° 17' 30" West 15 feet to a point in Little Silver Creek; thence with the center of Little Silver Creek South 18° 02' West 97.12 feet to the intersection of a branch and Little Silver Creek; thence still with Little Silver Creek South 20° 35' West 105.51 feet to a point in Little Silver Creek; thence South 13° 15' East 58 feet to a point in Little Silver Creek; thence South 87° 30' West 18 feet; thence South 18° 30' West 34 feet; thence South 10° 15' East 60 feet to a point in Little Silver Creek; thence with the common property line of Joseph H. Black and James Proctor South 7° 33' West 74 feet to a point; thence meandering in a Southerly direction with the centerline of Little Silver Creek the following courses and distances: South 30° 21' West 3.07 feet more or less, North 80° 33' West 77 feet more or less, South 24° 33' East 62 feet more or less, South 46° 12' West 42 feet more or less, North 74° 55' West 27 feet more or less, South 32° 34' East 41 feet more or less, South 5° 06' West 66 feet more or less, South 43° 00' East 38 feet more or less, South 32° 10' West 36 feet more or less, South 46° 17' East 42 feet more or less, South 5° 12' East 62 feet more or less, South 38° 18' East 29 feet more or less, South 23° 33' East 42 feet more or less, South 31° 15' West 20 feet more or less, South 18° 02' East 59 feet more or less, South 30° 25' West 72 feet more or less, South 71° 36' West 73 feet more or less, South 48° 28' West 58 feet more or less to the northeastern right-of-way limit boundary line of Conley Road (SR 1168); thence with the centerline of Little Silver Creek and crossing Conley Road (SR 1168) in a Southwesterly direction 65 feet more or less to the southwestern right-of-way limit boundary line of Conley Road (SR 1168); thence in a Westerly and Northwesterly direction with the centerline of Little Silver Creek the following courses and distances: South 89° 58' West 243.35 feet more or less, South 56° 19' West 93.82 feet more or less, South 65° 06' West 37.45 feet more or less, South 83° 30' West 116 feet more or less, South 57° 20' West 136.94 feet more or less, South 52° 29' West 38.76 feet more or less, North 83° 21' West 68.65 feet more or less, South 78° 48' West 100.47 feet more or less, South 69° 43' West 103.37 feet more or less, North 79° 20' West 104.18 feet more or less, South 77° 58' West 55.72 feet more or less, North 50° 27' West 63.29 feet more or less, North 50° 35' West 75.39 feet more or less, North 73° 28' West 96.89 feet more or less, North 39° 13' West 215 feet more or less to a point, said point being in the centerline of Little Silver Creek and the west right-of-way limit boundary line of a 60-foot platted street; thence Northerly with the right-of-way line of said street 38 feet more or less to the southwest corner of Jerry R. Henson, said corner also being located in the eastern property line of Summie Sheppard; thence North 1° 30' East 143.13 feet with the Henson and Sheppard common property line to the southwest corner of the Blaine Causby property; thence North 8° 57' East 202.39 feet more or less with the west property line of Blaine Causby to a point; thence continuing with the west property line of Blaine Causby North 12° 20' East 106.29 feet more or less to the northwest property corner of Blaine Causby and the southwest property corner of Johnson; thence Northerly 200 feet more or less with the west property line of Johnson to a point in the eastern right-of-way limit boundary line of Causby Road (SR 1147); thence Northerly 130 feet more or less with the eastern right-of-way limit boundary line of Causby Road (SR 1147) to a point, said point being the intersecting point of the eastern right-of-way limit boundary line of Causby Road (SR 1147) and the southern right-of-way limit boundary line of SR 1179; thence with the southern and the western right-of-way limit boundary line of SR 1179 and the Johnson property line the following courses and distances: South 83° 57' East 81.49 feet more or less, South 85° 20' East 142 feet more or less; thence with a curve to the right, chord bearing South 86° 12' East, chord distance 30.38 feet more or less, arc distance 30.38 feet more or less, said point being a point in the north property line of Lot No. 29 of the J.H. Giles Subdivision as recorded in Plat Book 4, Page 139 at the Burke Registry; thence crossing an intersecting street in an Easterly direction for a distance of 112 feet more or less to a point, said point being a northwest corner of Lot No. 28 of said Subdivision; thence with a curve to the left chord bearing North 81° 51' East, chord distance 157.61 feet, arc distance 157.67 feet; thence chord bearing North 75° 07' East, chord distance 73.15 feet, arc distance 73.18 feet to a point, said point being a northeast corner of Lot No. 15 and in the southern right-of-way line of a 60-foot wide platted street in the J.H. Giles Subdivision; thence continuing North 73° 00' East 85 feet more or less crossing Conley Road (SR 1168) to a point in the eastern right-of-way limit boundary line of Conley Road (SR 1168) and the western property line of George Tevepaugh; thence Northwesterly with the east right-of-way limit boundary line of Conley Road (SR 1168) 274 feet more or less to the intersecting point of the east right-of-way limit boundary line of Conley Road (SR 1168) and the northwest right-of-way limit boundary line of South Meadow Drive; thence with the northwest right-of-way of South Meadow Drive in a Northeasterly direction 310 feet more or less to a branch; thence in a Northwesterly direction with the meanders of the branch 750 feet more or less to a point in the southern right-of-way limit boundary line of Dellwood Drive; thence along the southern right-of-way limit boundary line of Dellwood Drive in a Westerly direction 130 feet more or less to the Glen Alpine Town limits; thence along the Glen Alpine Town limits in a Northeasterly direction 380 feet more or less to a point in the eastern right-of-way limit boundary line of North Meadow Drive, said point also being the northwestern property corner of Lot No. 1 as shown on a plat of Dellwood Heights Subdivision recorded May of 1968 and recorded in Book 5, Page 62 of the Burke County Registry; thence along the northern property line of Lot Nos. 1 through 9 of the Dellwood Heights Subdivision development North 88° 56' East 1,040.34 feet to a point; thence with the common property line of the Dellwood Heights Subdivision development and the N.O. Pitts Estate property South 5° 01' West 47 feet to a point; thence South 5° 01' West 7.77 feet to a concrete monument; thence South 5° 40' West 478.81 feet to a concrete monument; thence South 86° 09' East 102.50 feet to a point, said point being the northwestern property corner of the Thomas D. Hefner tract; thence along the common property line of the N.O. Pitts Estate and the Thomas D. Hefner tract South 86° 09' East 1,047.79 feet to a point, said point being the northeastern property corner of Thomas D. Hefner tract; thence with the Thomas D. Hefner line South 8° 00' West 363 feet to a point in Little Silver Creek, said point being in the northern property line of the Robert Kirksey tract; thence with the centerline of Little Silver Creek and the Robert Kirksey property line the following bearings and distances: South 76° 00' East 110 feet, South 16° 00' East 34 feet, South 47° 00' East 65 feet, South 17° 00' East 100 feet, South 52° 00' West 50 feet, South 65° 00' East 40 feet, South 43° 00' East 130 feet, South 21° 00' West 47 feet, South 60° 00' East 72 feet, South 85° 00' East 60 feet, South 22° 00' East 105 feet, South 30° 00' East 186 feet to a point in Little Silver Creek, said point being the easternmost property corner of the Robert Kirksey tract; thence with the Kirksey & Company tract North 45° 00' East 330 feet to a point; thence in a Northerly direction 260 feet to a point, said point being the northwestern property corner of Kirksey & Company and also being the southwestern property corner of the Cecil L. Baker property; thence with the common property lines of Kirksey & Company and Cecil L. Baker in an Easterly direction 480 feet more or less to a point, said point being the southwestern property corner of the Larry N. Keller property; thence North 3° 49' 44" East 274.33 feet with the western property line of Larry N. Keller to a point, said point being the southwest property corner of Flavia B. Hildebrand; thence North 3° 00' East 231 feet more or less to a point, said point being the southwest corner of Larry N. Keller; thence North 3° 49' 44" East 31.83 feet to a point; thence North 4° 44' East 144.98 feet to a point; thence in a West Northwesterly direction with the common boundary line of Charles A. Williams and Cecil Baker for a distance of 135 feet more or less to a point, said point being the common corner of Charles A. Williams, Thomas Yount, and Cecil Baker; thence with Thomas Yount's property lines South 55° 43' West 63.69 feet; North 87° 57' West 88.07 feet; North 23° 39' East 49 feet; North 87° 57' West 224.29 feet; thence North 3° 13' West 282.21 feet to a point, said point being the southeast corner of J. Harvey Graham; thence North 74° West 185 feet to the Graham southwest property corner; thence Westerly with the south property line of Peter Mull 130 feet more or less to the southeast corner of a tract of land of Paul Butler; thence with the Paul Butler south property line North 80° West 155 feet to the southwest corner of Paul A. Butler; thence continuing Westerly with a new line through the Robert Lee Butler property 105 feet more or less to the northeast corner of Lot No. 26 of the Pitts Subdivision, said point also being a corner of the Robert Lee Butler tract; thence continuing Westerly with the Robert Lee Butler property line 97 feet more or less to the southeast corner of a tract of land owned by Jerry D. Butler; thence North 82° West with the south property line of Jerry D. Butler and an extension thereof 260 feet more or less to a point in the centerline of a right-of-way platted and recorded at Burke Registry July 2, 1938 of the N.O. Pitts property; thence Northerly with the centerline of said street 390 feet more or less to a point; thence North 87° 31' West 30 feet to the southeast corner of the Malcolm C. Horton property; thence continuing North 87° 31' West with the southern property line of Malcolm C. Horton, Bermon J. Mull, and Walter W. Franklin, a total distance of 470 feet more or less to the southwest property corner of Walter W. Franklin; thence with the east margin of a 30-foot-wide platted right-of-way and the west property line of Walter W. Franklin North 3° 30' East 300 feet to a point in the southern right-of-way limit boundary line of US Highway 70; thence continuing North 3° 30' East crossing US Highway 70 150 feet more or less to the centerline of the Southern Railroad; thence Easterly with the centerline of Southern Railroad 912 feet more or less to a southwest corner of the Edward Crisp Heirs property; thence leaving the centerline of the railroad in a Northerly direction along the Crisp property line 270 feet more or less to a point; thence with the Crisp line in a Westerly direction 245 feet more or less to a point; thence with the Crisp line in a Northerly direction 150 feet more or less to a point; thence with the Crisp line due East for a distance of 1,080 feet more or less to a point; thence with the Crisp line in a Southerly direction 200 feet more or less to a point in the centerline of Southern Railroad, said point also being the northwest corner of Riley Fullwood property; thence Easterly with the centerline of Southern Railroad to the point at which the centerline of Southern Railroad intersects a line parallel to and 200 feet North of the northern right-of-way limit boundary line of US Highway 70; thence Easterly following and parallel to the northern right-of-way of US Highway 70 at a distance of 200 feet, to the point at which said line intersects the western property line of Debra Lynn Patton; thence with the western property line North 6° 42' East to the Patton northwest corner; thence with the northern property line of Debra L. Patton South 86° 30' East 346.95 feet to the northwest corner of the James Caldwell property; thence with the northern property line of James Caldwell South 87° 00' East 133.6 feet more or less to Caldwell's northeast corner; thence South 10° 30' East with Caldwell's eastern property line to a point in the northern right-of-way of US Highway 70; thence Easterly with the northern right-of-way of US Highway 70 142 feet more or less to the southeastern property corner of George G. Nelson; thence North with Nelson's east property line to the Nelson northeast corner; thence continuing North with Albert Prestwood property line 15 feet more or less to a point; thence North 68° 14' West with the Prestwood line to the point at which this line intersects with a line parallel to and 200 feet north of the northern right-of-way of US Highway 70; thence Easterly with the line parallel to and 200 feet north of the northern right-of-way of US Highway 70 to a point at which this line intersects a line of bearing North 12° 40' West and which also intersects the centerline of US Highway 70 at a point 1,400 feet more or less West of the centerline of Elm Street; thence with the line North 12° 40' West 770 feet more or less to a point; thence following and parallel to the center of US Highway 70 at a distance of 1,000 feet North 78° 15' East 1,387 feet to a point 200 feet west of the center of Elm Street; thence North 0° 30' West 1,025 feet to a point on the eastern bank of the Catawba River; thence North 75° 45' West 80 feet to a point in the center of the Catawba River; thence with the meanders of the centerline of the Catawba River as follows: North 5° East 180 feet, thence North 6° 55' West 400 feet, thence North 2° 15' East 313 feet, in all 893 feet to a point in the center of the Catawba River; thence leaving the Catawba River South 89° 10' East 630 feet to a point; thence North 88° 40' East 1,953 feet to a point 200 feet East of Glendale Street; thence due South 786 feet following and parallel with the center of Glendale Street at a distance of 200 feet; thence South 89° 20' East 505 feet to a point; thence South 0° 35' East 287 feet to a point; thence North 77° 35' East 220 feet to a point; thence South 11° 20' East 125 feet to a point; thence North 74° 5' East 395 feet to a point; thence North 14° 15' West 200 feet to a point; thence North 74° 30' East 280 feet to a point in the center of an unnamed branch; thence with the center of the said unnamed branch as follows: North 26° 30' East 104 feet, thence North 35° 55' East 119 feet, thence North 43° 10' East 126 feet, thence North 32° 05' East 77 feet, thence North 0° 15' East 258 feet, in all 684 feet to a point in the center of the intersection of said unnamed branch and Catawba River; thence downstream with the meanders of the centerline of the Catawba River 2,750 feet more or less to a point, said point being the southwest corner of the tract of land owned by the Burke County Public School Board of Education and the southeast property corner of Harry W. Wall; thence with the common property line of Harry W. Wall and the Burke County Public School Board of Education North 3° 09' East 1,343.65 feet more or less to a monument in the southeastern right-of-way limit boundary line of Independence Boulevard (SR 1304); thence crossing Independence Boulevard (SR 1304) North 3° 09' East 440 feet more or less to a monument in the northwestern right-of-way limit boundary line of Independence Boulevard (SR 1304); thence with the common property lines of Harry W. Wall, Earl Harbison, and the Burke County Public School Board of Education North 3° 09' East 651 feet more or less to a point in the southern right-of-way limit boundary line of NC Highway 126 (Yellow Mountain Road); thence with the southern right-of-way limit boundary line of NC Highway 126 (Yellow Mountain Road) in an Easterly direction 240 feet more or less to a right-of-way limit boundary line monument, said monument marking the intersection point of the southern right-of-way limit boundary line of NC Highway 126 (Yellow Mountain Road) and the northwestern right-of-way limit boundary line of Independence Boulevard (SR 1304); thence Easterly crossing Independence Boulevard (SR 1304) 280 feet more or less to a monument in the southeastern right-of-way limit boundary line of NC Highway 126 (Yellow Mountain Road); thence Northeasterly with the southeastern right-of-way limit boundary line of NC Highway 126 (Yellow Mountain Road), 1,800 feet more or less to a point, said point being the northern property corner of the Burke County Public School Board of Education; thence with the common property line of C.W. Harbison and the Burke County Public School Board of Education South 20° 00' East 3,411.57 feet more or less to a point in the centerline of the Catawba River; thence downstream with the meanders of the Catawba River 525 feet more or less to a point, said point being Southwesterly 3,197 feet from the intersection point of the centerline of NC Highway 181 and the centerline of the Catawba River; thence North 22° 16' 30" West to the southwest property corner of a tract of land owned by Dana Corporation; thence following along the west property line of Dana Corporation North 22° 16' 30" West 100 feet to an iron pipe; thence North 22° 16' 39" West 1,297.16 feet to an iron pipe, said iron pipe being a new corner of Dana Corporation and the southwest corner of a tract of land owned by M. Lowenstein & Sons, Inc.; thence following the west property line of M. Lowenstein & Sons, Inc. North 23° West 1,412.84 feet to a point; thence North 27° East 175 feet more or less to the northeast property corner of M. Lowenstein & Sons, Inc., said point being located in the southwest right-of-way limit boundary line of SR 1295 (Wamsutta Mill Road); thence following the southwest right-of-way line of SR 1295 Northwesterly 610 feet more or less to a monument marking the east end of a sight distance connecting the southwest right-of-way limit boundary line of SR 1295 and the southeast right-of-way limit boundary line of NC Highway 126 (Yellow Mountain Road); thence along the sight distance 50 feet more or less to a monument marking the west end of said sight distance; thence crossing NC Highway 126 Northwesterly perpendicular to the centerline 115 feet more or less to a point in the northwest right-of-way limit boundary line of NC Highway 126; thence continuing on the same course Northwesterly and perpendicular to NC Highway 126 to a point 130 feet northwest of the northwest right-of-way of NC Highway 126; thence Northeasterly approximately parallel to and approximately 130 feet Northwest of the northwest right-of-way of NC Highway 126 for a distance of 550 feet more or less to the southeast corner of a parcel of land leased to Burke County Rescue Squad from Crescent Land and Timber Corporation; thence along the southern lease line of Burke County Rescue Squad North 73° West 140 feet to the southeast corner of a parcel of land leased to Cecil Houston from Crescent Land and Timber Corporation; thence along the southern lease line of Cecil Houston North 71° West 130 feet to the southeast corner of a parcel of land leased to H.M. Oliver from Crescent Land and Timber Corporation; thence along the southern lease line of H.M. Oliver North 70° 17' West 143.2 feet to a point; thence North 52° 30' West 300 feet more or less to the southeast corner of a parcel of land leased to Charlie P. Abernathy from Crescent Land and Timber Corporation; thence along the southern lease line of Charlie P. Abernathy North 52° 30' West 145.49 feet to the southeast corner of a tract of land leased to Nell W. Barron from Crescent Land and Timber Corporation; thence along the southern lease line of Nell W. Barron North 53° 00' West 259.46 feet to an iron pipe; thence along the northwest lease line of Nell W. Barron North 30° 56' East 258.67 feet to an iron pipe in the southern right-of-way limit boundary line of NC Highway 181; thence following the southern right-of-way limit boundary line of NC Highway 181 North 62° West 393 feet more or less to a point, said point being the point at which the western right-of-way limit boundary line of SR 1414 extended Southerly would intersect the southern right-of-way limit boundary line of NC Highway 181; thence crossing NC Highway 181 approximately perpendicular to the centerline of NC Highway 181 and with the SR 1414 west right-of-way limit boundary line extension 80 feet more or less to the intersecting point of the west right-of-way limit boundary line of SR 1414 and the northern right-of-way limit boundary line of NC Highway 181; thence with the west right-of-way limit boundary line of SR 1414 Northerly with the curvature of the road 450 feet more or less to a point; thence crossing SR 1414 60 feet perpendicular to the centerline of SR 1414 to a point in the eastern right-of-way limit boundary line of SR 1414, said point being a stake in the west property line of Skyland Textile Co., Inc.; thence with Skyland Textile Co., Inc. west property line North 0° 59' East 391.84 feet to the northwest property corner of Skyland Textile Co., Inc.; thence with the north property line of Skyland Textile Co., Inc. South 63° East 919 feet more or less to a point in the west right-of-way limit boundary line of SR 1419 (Bost Road); thence Northerly with the west right-of-way limit boundary line of SR 1419 2,040 feet more or less to a point; thence crossing SR 1419 North 85° 43' East 60 feet more or less to a point in the east right-of-way limit boundary line of SR 1419, said point being the northwest corner of a tract of land leased to Tartan Links, Inc. from Crescent Land and Timber Corporation; thence with the Tartan Links, Inc. lease line North 85° 43' East 224.32 feet to an iron pipe; thence South 7° 15' East 600 feet to an iron pipe; thence South 84° 00' East 337 feet to a point; thence South 81° 15' East 1,354.4 feet to an iron pipe, said pipe being the northeast corner of the tract of land leased to Tartan Links, Inc. from Crescent Land and Timber Corporation; thence South 81° 15' East 250 feet more or less to a point, said point being in the centerline of the Catawba River; thence downstream with the meanders of the centerline of the Catawba River 19,000 feet more or less to the point of BEGINNING.

Excepting from the above the following described tracts of land:

BEGINNING at a point in the southeastern right-of-way limit boundary line of SR 1177 (Dixie Boulevard), said point being in a Northeasterly direction 640 feet more or less from the intersection of the northeastern right-of-way limit boundary line of SR 1150 with the southeastern right-of-way limit boundary line of SR 1177; thence in a Northeasterly direction 500 feet more or less with the southeastern right-of-way limit boundary line of SR 1177 to a point; thence South 47° 48' 30" East 88 feet more or less to a point in a creek; thence with the creek the following calls and distances: South 28° 45' West 165 feet more or less, South 0° 35' East 146 feet more or less, South 57° 45' West 130 feet more or less, South 89° 00' West 130 feet more or less, South 56° 47' West 72.64 feet more or less to a point; thence leaving the creek North 31° 22' 20" West 207 feet more or less to the point of BEGINNING and containing 2.5 acres more or less as described in Deed Book 448, Page 207, Burke Registry.

Beginning at the intersecting point of the northeastern right-of-way limit boundary line of SR 1150 (Reep Road) with the southeastern right-of-way limit boundary line of SR 1177 (Dixie Boulevard) and runs thence in a Northeasterly direction 204 feet more or less with the southeastern right-of-way limit boundary line of SR 1177 to a point; thence South 46° 45' East 129.61 feet more or less to a point; thence South 43° 11' 40" East 478.90 feet more or less to a point, said point being located in Little Silver Creek; thence with Little Silver Creek the following calls and distances: South 12° 27' West 82.62 feet more or less, South 15° 10' West 97.0 feet more or less, South 46° 54' West 48 feet more or less to a point, said point being in the northeastern right-of-way limit boundary line of SR 1150; thence in a Northwesterly direction 675 feet more or less with the northeastern right-of-way limit boundary line of SR 1150 to the point of BEGINNING and containing 3.0 acres more or less as described in Deed Book 565, Page 610, Burke Registry."

Sec. 2. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of March, 1981.