December 18. 1989

2x0 Ordinance Book 38 - Page 320 1

0 0 0 0 3 8 1 ORDINANCE NO. 7 7 ~ 5

1 /,/ I .

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS REAL ESTATE OF THE CITY OF CHARLOTTE, NORTH CAROLINA

B O O K P A G E WESTINGHOUSE BOULEVARD EXTENSION AREA AREA NO. 1

, WHEREAS, the City Council of the City of Charlotte, North

Carolina, has been petitioned under N.C.G.S. 51601-11, as amen&- ed, to annex the area described herein, and

WHEREAS, the City Clerk has certified the sufficiency of 1 said petition and a public hearing on the question of this annex- ation was held in the Meeting Chamber, Charlotte-Mecklenburg Government Center, Charlotte, North Carolina, at 7:30 o'clock

P .M. , on the 11 th day of December , 1 9 8 9 , and

WHEREAS, the City Council does hereby find as a fact that said petition meets the requirements of N.C.G.S. g160A-31, as amended.

I

0 I N NOW, THEREFORE, BE IT ORDAINED by the City Council of the1 ,. .- .. ..,& City of Charlotte, North Carolina:

2 m .r lu! . I - ...iZk z3rL 2 i!i \.: Section 1. By virtue of the authority granted by N.C.G.S{

- - . my:: k-. g160A-31, as amended, the territory described in Exhibit A is ; - , - ! ? hereby annexed and made part of the City of Charlotte, as of ti& j !.."' ..::,)k 2nd day of January , 1 9 9 0 . , ..:L'- ..'.lc - a . . . . L,

0: , - .,. Section 2. Upon and after the 2nd day of l9gQ. the above described territory and its c i t i e & 1 erty shall be subject to all dqbts, laws, ordinances and regula-

, tions in force in the City of Charlotte and shall be entitled 40 I the same privileges and benefits as other parts of the City of I Charlotte. Said territory shall be subject to municipal taxes 1 in accordance with N.C.G.S. 51603-58.10. 1

Section 3. The Mayor of the City of Charlotte shall cause to be recorded in the Office of the Register of Deeds of Mecklenburg County, and in the Office of the Secretary of state^ at Raleigh, North Carolina, an accurate map of the annexed terri- tory, described in Section 1 thereof, together with a duly certf- fied copy of this ordinance.

I

i Adopted this 1 8 t h day of December I ,1989 . I I

Attest: I I I

I I I

i I 1 $. 1111 15. l l U P I l:t.Lllu I APPROVED AS TO FORM: 13:Yb #WY3( UUU I

A proposed unexation comprised of dl of two tncts of Lad rad a portion of a tbud M i.ad situated in Pinevilla Township. Meckhnburs Gouty. N o d C ~ l i s r . mid t nca dcmibd && to innu. lac. u recorded in Deed Book 4492. PW 963. md D d Book 4167. Rgo 664 to I& City of Chulone u recorded in Deed Book 6107, Page 0179, Mstlcnbuq County Re:ister 4 o Deeds.

I

- Ordinance Book 38 - Pa e 321 EXHIBIT A

I REAL ESTATE B O O K P A G E Aamerutka h

6 2 0 1 0 3 7 0 r m m - er ~ . . c e , I ~ C . at, er CW.~. I

BEGINNING at an existing iron the most tl~terly corner of wid to Lance. Inc.. u described in Otcd line of a tnct of land to Dewill Currie. County Register of Deed%

-..~2

THENCE. along the existin: Charlotte city limits line and don) tbe common liae be Lance. inc. (Deed Book 4492. h g e 963) and DeWitt Cunia ma. S66' 52' 13' W. calculated point

I I

THENCE. continuins dong the existing Charlotte city limits line and said common 13' W. 331.94 feet to a alculated point. the most northwetterly corner of said said calculated point also being the moat northeasterly

THENCE. deputing the common tine between slid ham. lac. 8nd continuing along the exltin: Charlotte city limits line, also k in) a Currie and City of Charlotte W t s . S 00' 22' 57' E. 133.42 southwesterly corner of said Dewin Currie tract 8 h being the of land to F.D. Austin hdn , u described in Deed Book 602, of Deed%

THENCE. deputing slid DcWitt Cunie met. and continuing dong Iheexhting Charlotte line, rbo kin: r common line between wid F.D. Austin hein a d City of SP E, 74.01 feet to a a1culrted point on the common line betvwn mid City of a tnct of land described in deed to Mecklenburl County 8a recorded in Deed

THENCE, departing the existins Chulone City limits line and F.D. Amtin Heirs lien and common line. S 58. 52' 32. W. 11.97 feet to a akulr ted point

i THENCE. continuing dong slid common line S 01.04' 02. E. 49.1: feet to a alculated polat I

THENCE. continuing .long dd common tine S 69' 35' 58. W. IW.93 feet to a the centerline of King's Bnnch, also a common corner for dd Meckknbur# Chulotte mas. .hO beins on a soutberrterly line of said LUO.. Ir. M (Deed Book 963k

THENCE. deputing King's Bnnch. mid common line and said soucbtuterly Lam. Inc. along r new li which followr a proposed temporary construction easement oa the proposed Westinghow Boukwd for the next twenty calb. S 69.35' W W. 6.07 feet poinr

THENCE. N 20.24' 02' W. 64.00 fwt to a calculated point I

1 THENCE. S $0' 54' 34' W. 36.19 feet to a calculated poinc; 1

- - - .. - - .I

December 18, 1989 322 Ordinance Book 38 - Page 322 6201 0371

'IWLNCI. S 6 P 4 T O r W. 15.03 foot to r a k u b t d point

I THENCE, S 86' I& 24' W, M.64 fwt to • ukubtrb poinr;

S THENCL, S 20.24' 02' E. 5.00 fwt to r calculated poinc;

I TXENCI, S 6P 35' 58' W, 30.60 fwt to 8 d c u k t d poin: I

THENCE, N 20.24' 02' W, 15.00 feet to a calculated point

I THENCE. S 83.14' 1Y W. 139.95 feet to 8 calculated poioc; THENCE. S 71' 53' 24' W, M.04 feet to r calculated poinc; I

THENCE. S 62.00' 17' W. 45.40 feet to r calculated point;

I i

I THENCE. S 82' 44' W W. 154.03 feet to 8 dculnced poinc; 1

1

I I THENCE. S 14.21' 4 7 W. 61.85 feet to r calculated po@

1 I

THENCE. S 20.24' O r E. 12.00 feet to 8 calculated poinc;

THENCE, S 69. 35' 58' W. 33.00 feet to 8 calculated point;

THENCE. N 2Q 24' 02' W. 7.00 feet to r calculated poin:

THENCE. S 61' 22' 06' W. 160.15 feet to 8 ulculrted poinc;

1 I THENCE. S 7 C 21' 4 T W. 61.85 feet to l

road. said akulated point tho ki on McDcvitt and Street Campmy u recorded in Decd 1 County Relister of Desd3;

I

1 THENCE. S 35' 24' 02. E, 10.63 feet to 8 calculated wing

THEN-, s n* 3 3 5 F W. 30.60 feet to 8 calcuhtet~ poing ' THENCE, N 35' 24' 02' W, 18.50 f ~ t 8 C~kulatcd pohc

THENCE. rkng said centerlim md tbe common iiiw between d d Lance. lac. (Dctd Boat Pale 963) and McDevin and Street mca. with 8 circular cune to the left having r ndiua of feet. through 8 cantnl M* d O I m IT 4 r witb 8 Chord dkt8nce of 32.40 feet burial N W. for m us ditraca of 32.40 feet to I dculrted poio: I THENCE. continuing rloas tbe centerlie of Old Natiom Ford Road and said common line. N 2s0

( 14* 00' W. 677.96 feet to I calculated point I

-ember 18, 1989

I Ordinance Book 38 Page 323

L E m I deputing said (0-n li.. anad COntinW: don: said centerline and (loutheasterly m a t line of VulW Mrterkh C 0 m p . n ~ ss described in Deed Book 37%.

7" 33' 37. E. 382.45 feet to a aku l r t ed go*, the moat northerly comer of said k 4492. Page 963) tnct. wid point .bo km ihc most westerly comer of trid Lance. lac. ( k 4167. Page 664) tract

~ E N C B , deputing said m, Laterline r ad ~ U I W m8tedak tncu. N 33' 01' 1 r 651.~66 feet SO 8 a l c ~ h t e d p o b t I

HENCE, continuing along aid centerhe und nid common line with 8 circular curve to the left aving 8 n d i w of 572.96 fctt. thrOugb 8 tend 8Dgk of 13" 24' 37' with 8 chord distance of I3 .a0 r

bearing N 26" 21' 52' E. for m arc dimrace of 134.10 feet to a d c u l r t e d point. the a t orthwesterly corner of wid m. I= (Dcgd Book 4167, Rge 664) tncg i HENCE, continuin: dong nid ctnterthe 4 zlid common line. N 19' 39' 34' E, l$#.O? &ulsted point, the mort northwtnnly comncr of mid Lance. Inc. (Deed Book 4167, b g e 9'-

ENCE, deputing wid centerline .ad mid ccommoa line m d dong the most northerly line of id pee, lac. (Deed Book 4167. h g e 6641 -. N 63' 26' *. E, 1,27120 feet to 8 calculal fl. the most northeasterly corner of d d Lace. lac. (Deed Book 4167. Page 664) t n c ~ I

~ E N C B . .long the mort easterly line !(' 43' E. 1.172.14 feet to 8 alculrted p o k ;

ENCE. con ti nu in^ 810LI8 wid CIIttrly beliat. S 05' W' 1 I' E. 1337.37 feet to 8 calculated point. the cat northerly corner of a cnct of l a d descuibtd in deed to REA lavauaent R r t n e n as r w r ed i.

ib Deed Book 5434, Page 990. M s c U a k r f ~ ~ u n t y R a b t e r of I

, I ~ E N C E . continuing dong aid mate* b.. 8 common Lio? for said RU Invatmeat Partarn S 0)' 04' 06. E. 442.07 feat to 8 ahhmdd mint. the most northerly comer of 8 tnc t

in Deed to loha C. Thoam a mrcded in Dced Book 4999. Rae 637. Mukltnburg egnter of Dea&

4 common corner for said John C. d REA Investment Partnen tnctq

HENCE. deputing srid John C. Book 4167. Page 664) 804

point, the most being the mort northeasterly cororr oC ssaid DeWin Cunie tract

December 18. 1989 32,4 , Ordinance Book 38 - Page 324

I ~ . ~ ~ r i ( ~ ~ * l m t s n e n t ~ ~ ~ ~ a m i a ~ e w a p u ~ u ~ ~ t r a c r . ~ . r s b ~ w n ~ m c o , S 7 I * 4 ~ 1 7 ~ . & 1 . 7 0 f w t m ~ ~ 1 ~ l ~ ~ o ~ ~ f f i .ad wntrlm 157.75 mc or 6,471.6% awr foot, mom or h. n rbowl on m rntitkd 'Propda of W, Inc. md tho City of Chrklto' p n p r d for the City of Endneerins Dsputmant by K%y-Horn mb Auocirtos.

1

1 CERTIFICATION I I I

I, Pat Sharkey City Clerk of the City of Charlotte, North Carolina, do hebeby certify that the foregoing is a true and exact copy of an Ordinance adopted

! by the City Council of the City of Charlotte, North Carolina. in regular ( 1 session convened on the 18th day of December, 1989, the reference having I I been made in Minute Book 94, and i s recorded in full in Ordinance Book 384 ! at page(s) 320-324. 1 I

WITNESS my hand and the corporate seal of the City of Charlotte, North cadolina, 1 this the $'?a day of , 1989. 1 I ! n I .

( December 18, 1989 I Ordinance Book 38 - Page 325

5 ORDINANCE TO AMEND ORDINANCE NO. 2648-X, THE 1989-90 BUDGET DINANCE, PROVIDING AN APPROPRIATION FOR ACQUISITION OF THE TfiIRD WARD P AND N RAILROAD PROPERTY FOR THE NFL FOOTBALL STADIUM. ,

BE IT ORDAINED by the City Council of the City of

C arlotte, North Carolina; P Section 1. That the sum of $500,000 is hereby

ebtimated to be available from an Installment Financing

Agreement. I

Section 2. That the sum of $500,000 is hereby I

aPpropriated to General Capital Improvement Fund 2010; 472.00 - NFL Football Stadium.

I Section 3. That the Finance Director or his dgsignee is hereby authorized to advance the sum of $500,000

I

+om the Municipal Debt Service Fund Fund Balance until such

time that the Installment Financing Agreement has been secured. I

section 4. All ordinances or parts of ordinances in

chnflict herewith are hereby repealed. I

section 5. This ordinance shall become effective

upon its adoption.

A roved a? to form: Jk tY Attorney

approved and adopted by the City Council of the City of Charlotte, North in regular session convened on the 18th day of December, 1989, the

reference having been made in Minute Book 94, and is recorded in full in Ordin Bodk 38 at Page 325.

Pat Sharkey City Clerk

1 December 18, 1989 326 I Ordinance Book 38 - Page 326

O R D I N A N C E NO. 2787-X

AN ORDINANCE DESIGNATING A PROPERTY KNOWN AS THE "FIRST I

ASSOCIATE REFORMED PRESBYTERIAN CHURCH" (THE ENTIRE EXTERIOR AND THE ENTIRE INTERIOR OF THE CHURCH R U I N , THE ENTIRE EXTERIOR A T THE ENTIRE INTERIOR OF THE RECTORY, AND THE ENTIRE 1.117 ACRES 1 OF LAND RECORDED UNDER TAX PARCEL NUMBER 078-045-03) AS A I HISTORIC LANDMARK, SAID PROPERTY BEING LOCATED AT NORTH TRYON 1 AND ELEVENTH STREETS I N CHARLOTTE, NORTH CAROLINA, AND RECORDED UNDER TAX PARCEL NUMBER 078-045-03 I N THE MECKLENBURG COUNTY TAX OFFICE.

WHEREAS, all of the prerequisites to the adoption of this 1

ordinance prescribed i n Chapter 160A, Article 19, as amended, of I

t he General Statutes of North Carolina have been met; and i I WHEREAS, the City Council of Charlotte, North Carolina, has

I

taken into f u l l consideration all statements and information

presented a t a joint public hearing held with t h e I, !

Charlotte-Mecklenburg Historic Landmarks Commission on the 18th !

day of December , 1989, on t h e question of designating a

property known a s the "Firs t Associate Reformed Presbyterian I

Church" as a historic landmark; and

WHEREAS, t h e "Fi rs t Associate Reformed Presbyterian Church" (

was designed by James Mackson McMichael (1870-1944), a n

archi tect of local and regional importance; and I WHEREAS, t h e "Firs t A s s o c i a t e Reformed Presbyterian Church,"

although a ruin, is t h e only vestige of a Christian congregation I

which once played a n important role in the religious Life of

t h i s community; and

WHEREAS, the "Firs t Associate Reformed Presbyterian Church" I

is one of a collection of imposing church edifices which adorn I

North Tryon Street; and

WHEREAS, t h e "Fi rs t Associate Reformed Presbyterian Church" I

I occupies a s ignif icant place in terms of the cityscape of t h e I

Fourth Ward neighborhood; and

1

i December 18. 1989 1 Ordinance ~ b o k 38 - Pa e 327 Ordinance -- -- ~ird A.R.P. Church

i WHEREAS, t h e Charlotte-Mecklenburg Historic Landmarks

I ! Commission has demonstrated t h a t t h e property known as t h e

I "Fi rs t Associate Reformed Presbyterian Church" possesses I I integri ty of design, sett ing, workmanship, materials, and/or

association; and

WHEREAS, t h e Charlotte-Mecklenburg Historic Landmarks

I Commission has demonstrated t h a t t h e property known as t h e 1 "Firs t Associate Reformed Presbyterian Church" possesses special

significance i n terms of its history, architecture, and/or

! cu l tu ra l importance; and

I I

WHEREAS, t h e property known as t h e "Firs t Associate Reformed I I I Presbyterian Church" is vested in fee simple t o North Church

I Corporation. I

I WHEREAS, the owner, t h e North Church Corporation, has given

t h e owner's consent for inter ior review of t h e ent i re inter ior

of t h e church ruin and t h e r e d o r y and , thereby, t h e owner has

( given t h e Commission jurisdiction of t h e ent i re interior.

i NOW, THEREFORE, BE IT ORDAINED by t h e City Council of Charlotte,

1 I North Carolina: I I 1. That t h e property known as t h e "First Associate Reformed I

Presbyterian Church" ( the en t i re exterior and t h e ent i re

1 inter ior of t h e Church ruin, t h e en t i re exterior and t h e ent i re ; !

inter ior of t h e rectory, and t h e en t i r e 1.117 acres of l a n d

i recorded under Tax Parcel Number 078-045-03) is hereby 1 designated as a historic landmark pursuant to Chapter 1601. I

Article 19, as amended, of t h e General Statutes of North

! Carolina. For purposes of description only, t h e location of 1 sa id landmark is noted as being s i tuated a t North Tryon and

/ December 18, 1989 Ordinance Book 38 - Page 328

Ordinance -- First A.R.P. Church --

Eleventh Streets, Charlotte, North Carolina, and recorded under

Tax Parcel Number 078-045-03 i n the Mecklenburg County Tax

Office.

2 . That said designated landmark may be materially altered,

restored, moved or demolished only following the issuance of a

Certificate of Appropriateness by the Charlotte-Mecklenburg

Historic Landmarks Commission. An application for a Certificate

of Appropriateness authorizing the demolition of said landmark

may not be denied, except when such landmark is determined by I

! the State Historic Preservation OEicer a s having statewide 1 i I significance a s defined i n t he criteria of t he National Register 4 i

I of Historic Places. However, the effective date of such a 1, 1, I Certificate may be delayed in accordance with Chapter 160A,

~ Article 19, and amendments thereto, and hereinafter adopted. (I

3. That nothing i n this ordinance shall be construed to

I prevent or delay the ordinary maintenance or repair of any I

I I

I architectural feature i n or on said landmark tha t does not I 1 involve a change of design, material, or outer appearance I

thereof, nor to prevent or delay the making of emergency I

repairs, nor to prevent or delay the construction, I I

i YsLsl,l"el LO, LYUY Ordinance Book 38 - Page 329

Ordinance - First A.R.P. Church -- !

reconstruction, alteration, restoration, demolition or removal I

of any such feature when a building inspector or similar I I official certifies to the Commission t h a t such action is

required for the public safety because of an unsafe condition.

Nothing herein shal l be construed to prevent the property owner

from making any use of th i s landmark not prohibited by other

I statutes, ordinances, or regulations. I

4. That a suitable sign may be posted indicating tha t said

! property has been designated a s a historic landmark and I I containing any other appropriate information. I£ the owner I ! consents, the sign may be placed on said landmark.

I 5. That the owners and occupants of the landmark known as the "First A s s o c i a t e Reformed Presbyterian Church" be given

1

I nutice of th i s ordinance a s required by applicable law and tha t

copies of this ordinance be filed and indexed in the offices of

1 t h e City Clerk, Building Standards Department, Mecklenburg I County Register of Deeds, and the Tax Supervisor, a s required by I I

1 applicable law.

I 6. That which is designated as a historic landmark shal l be 1 subject t o Chapter 160A, Article 19, and any amendments to it I ! and any amendments hereinafler adopted.

1 ~ Approved as to form:

1 CERTIFICATION I,] Pat Sharkey C i t y C le rk of t he C i t y o f Cha r lo t t e , Nor th Caro l ina , do hereby c e \ t i f y t h a t t h e fo rego ing i s a t r u e and exac t copy o f an Ordinance adopted by

C i t y Counci l o f t he C i t y o f Cha r lo t t e , Nor th Caro l ina, i n r e g u l a r sess ion vened on t h e 18 th day of December, 1989, t h e re fe rence having been made i n u t e Book 94. and i s recorded i n f u l l i n Ordinance Book 38. a t page(s) 326-3 9 . .

I I WI~NESS my hand and t h e corpora te seal o f t h e C i t y o f C h a r l o t t e , Nor th C a r o l i n thbs t h e day o f . 19

Pat Sharkey, C i t y C le rk