91-3. 1994 Extension of Boundaries.

  1. Findings.
    1. The Henderson County Board of Commissioners has been petitioned by French Broad Associates (formerly French Broad Golf Center) and French Broad Golf Center, Inc., under N.C.G.S. 162A-87.1, to annex the area described herein.
    2. The Henderson County Director of Utilities, the Henderson County Staff Attorney and the Henderson County Attorney investigated the sufficiency of said petition and have certified the sufficiency of said petition, and a public hearing on the question of this annexation was held at the Henderson County Office Building at 7:00 p.m. on the seventh day of March 1994, after due notice by publication on the 23rd day of February 1994.
    3. The Henderson County Board of Commissioners does hereby find as a fact that said petition meets the requirements of N.C.G.S. 162A-87.1, including Subsections (b) and (c) which are shown below:
      1. “Annexation by petition. The board of commissioners may, by resolution, extend by annexation the boundaries of any water or sewer district when one hundred percent (100%) of the real property owners of the area to be annexed have petitioned the board for annexation to the water and sewer district.
      2. “Annexation of property within a city or sanitary district. Territory lying within the corporate limits of a city or sanitary district may not be annexed to a water and sewer district unless the governing body of the city or sanitary district agrees, by resolution, to the annexation."
  2. By virtue of the authority granted by N.C.G.S. 162A-87.1, the following described territory is hereby annexed and made a part of the Cane Creek Water and Sewer District of Henderson County, North Carolina, as of the first day of July 1994: Beginning at a point in the southern margin of the right of way of Airport Road (S.R. 3526) and at the center of the French Broad River and from said beginning point thus established and with the center of said French Broad River the following calls: South 08 deg. 58' 00" East 155.22 feet; South 14 deg. 20' 00" East 177.00 feet; South 12 deg. 31' 00" East 184.00 feet; South 18 deg. 25' 00" East 177.00 feet; South 09, deg. 35' 00" East 288.00 feet; South 07 deg. 35' 00" East 210.00 feet; South 05 deg. 16' 00" East 187.00 feet; South 03 deg. 22' 00" East 244.00 feet; South 03 deg. 55' 00" East 210.00 feet; South 06 deg. 59' 00" East 229.00 feet; South 12 deg. 08' 00" East 264.00 feet; South 20 deg. 20' 00" East 183.00 feet; South 23 deg. 11' 00" East 190.00 feet; South 29 deg. 44' 00" East 201.00 feet; South 42 deg. 10' 00" East 120.00 feet to a point at the intersection of said French Broad River and Cane Creek; thence with the center line of said Cane Creek the following calls: North 58 deg. 05' 00" East 95.00 feet; North 61 deg. 10' 00" East 141.00 feet; South 88 deg. 45' 00" East 95.00 feet; South 71 deg. 33' 00" East 78.00 feet; North 87 deg. 59' 00" East 234.00 feet; North 67 deg. 18' 00" East 150.00 feet; North 28 deg. 30' 00" East 108.00 feet; North 17 deg. 31' 00" East 123.00 feet; North 26 deg. 33' 00" East 92.00 feet; North 55 deg. 54' 00" East 84.00 feet; South 84 deg. 17' 00" East 83.00 feet; South 50 deg. 10' 00" East 48.00 feet; South 12 deg. 24' 00" East 105.00 feet; South 71 deg. 20' 00" East 81.00 feet; North 68 deg. 14' 00" East 311.00 feet; North 44 deg. 59' 00" East 229.00 feet; North 23 deg. 25' 00" East 88.00 feet; North 54 deg. 06' 00" East 157.00 feet; North 61 deg. 48' 00" East 86.00 feet; North 76 deg. 30' 00" East 139.00 feet; North 41 deg. 10' 00" East 57.00 feet; North 17 deg. 02' 00" East 212.00 feet; North 64 deg. 38' 00" East 57.00 feet; North 79 deg. 55' 00" East 124.00 feet; North 50 deg. 59' 00" East 146.00 feet; North 31 deg. 20' 00" East 157.00 feet; North 41 deg. 22' 00" East 151.00 feet; North 19 deg. 56' 00" East 356.00 feet; North 64 deg. 47' 00" East 51.00 feet; North 77 deg. 35' 00" East 138.00 feet; South 56 deg. 52' 00" East 148.00 feet; North 83 deg. 50' 00" East 101.00 feet; North 48 deg. 27' 00" East 252.00 feet; North 65 deg. 47' 00" East 323.00 feet; South 74 deg. 44' 00" East 92.00 feet; South 45 deg. 41' 00" East 253.00 feet; South 13 deg. 25' 00" East 156.00 feet; South 47 deg. 35' 00" East 141.00 feet; South 62 deg. 47' 00" East 183.00 feet; South 87 deg. 19' 00" East 146.00 feet; and North 66 deg. 28' 00" East 202.55 feet to a point; thence leaving the center line of Cane Creek and along and with the western margin of the right of way for Interstate 26 North 28 deg. 57' 07" West 1108.35 feet to a right of way monument; thence North 28 deg. 43' 15" West 201.68 feet to a right of way monument; thence on a curve to the left having a radius of 7774.44 feet, a chord bearing and distance of North 27 deg. 23' 40" West 215.59 feet to a right of way monument; thence North 29 deg. 37' 21" West 228.58 feet to a right of way monument; thence on a curve to the left having a radius of 2784.79 feet, a chord bearing and distance of North 35 deg. 18' 40" West 331.08 feet to an iron pin set; thence North 48 deg. 12' 40" West 278.47 feet to an iron pin set; thence North 71 deg. 34' 54" West 384.00 feet to a right of way monument; thence North 86 deg. 53' 25" West 184.86 feet to a right of way monument; thence North 85 deg. 58' 20" West 335.05 feet to a right of way monument; thence South 87 deg. 16' 30" West 472.42 feet to a right of way monument; thence South 80 deg. 07' 28" West 42.39 feet to an iron pin set; thence leaving the margin of Interstate 26, South 25 deg. 41' 15" East 1229.76 feet to an iron pin set; thence South 71 deg. 50' 35" West 799.08 feet to an iron pin set; thence South 18 deg. 09' 25" East 894.79 feet to a point; thence South 71 deg. 50' 35" West 150 feet to a point; thence North 18 deg. 09' 25" West 894.79 feet to an iron pin set; thence South 71 deg. 50' 35" West 800.85 feet to an iron pin set; thence North 09 deg. 37' 34" West 1283.64 feet to a point in the southern margin of the right of way of Airport Road (SR 3526); thence along and with the southern margin of the right of way of Airport Road (SR 3526), South 67 deg. 55' 12" West 171.34 feet to an iron pin set; thence South 28 deg. 06' 52" West 78.10 feet to an iron pin set; thence South 67 deg. 55' 12" West 60.00 feet to an iron pin set, thence North 67 deg. 04' 48" West 70.71 feet to an iron pin set; thence South 67 deg. 55' 12" West 922.16 feet to the point and place of beginning. Being parcels A, B, C, and D of the property shown on Cabinet Slides 1246 and 1247 of the Henderson County Register of Deeds Office. Being further the portion of the property described in Henderson County Deed Book 821 beginning at page 111 that is located within Henderson County.
  3. Upon and after the first of July 1994, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Cane Creek Water and Sewer District of Henderson County, North Carolina, and shall be entitled to the same privileges and benefits as other parts of the Cane Creek Water and Sewer District of Henderson County, North Carolina.
  4. The Henderson County Utilities Director shall cause this section to be recorded in the office of the Register of Deeds for Henderson County, North Carolina. A survey of the subject property shall be on file at the Henderson County Utilities Department office which is located at 100 North King Street, Hendersonville, North Carolina.
  5. Notice of adoption of this section shall be published once, following the effective date of the annexation, in a newspaper having general circulation in the Cane Creek Water and Sewer District of Henderson County, North Carolina.