thecharlottenc.gov/cityclerk/resolutions/july 25, 1994.pdf · 2016. 4. 26. · july 25, 1994...

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


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


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.


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


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


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 indicated 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


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.


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&


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 authorized 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, together with the filing of the Complaint and Declaraticln of Taking.

Pgproved as to form:


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


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


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


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,


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.


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 indicated 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 authorized 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, together with the filing of the Complaint and Declaration of Taking.

Approved as to form:


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


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


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;


(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


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


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


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:


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) ,


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


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


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;


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

* * * * *


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 .


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


~ 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.


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


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


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 "

#


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