20131191 Ver 1_More Info Received_20131205

I3��G�1
December 3, 2013
US Army Corps of Engineers
Wilmington District
USACE, and all concerned parties
I received a Public Notice #SAW- 2013- 02251, associated with Ingles store on Spartanburg
Hwy., Hendersonville, NC. My name is Gary C. Jones and I am the landowner of 609,611, and
619 Spartanburg Hwy., adjoining property to Ingles. You have been provided some information
and material in the Public Notice that I must take issue with. As follows:
* Ingles does NOT own fee simple the 7 acre site that is included in the PN. Ingles does
own/have contracted 5.94 acres inside the Hendersonville Business Center, Plat Book 4, p.66.
* I have filed the enclosed lawsuit to prove my ownership and rights to a portion of said lands,
and the superior court judge agreed and therefore refused to dismiss said lawsuit, warning Ingles
attorney of their "serious legal issue ". Copies enclosed.
* Ingles has NOT received a parking variance from the city of Hendersonville, as they have
NOT yet presented a site plan to the Hendersonville Planning Board, and their current site plan is
on hold with city, also enclosed.
* As adjoining property owner and owner of a portion of the Johnson Canal and land included
in the 7 acres of which Ingles claims and wants to develop or "redevelop ", I have a vested
interest in, and a voice in what happens to said lands.
* I feel that for the USACE to issue a permit based on the information provided in the PN, and
without my written permission would be a waste of your time and a moot point, as well as a legal
matter.
Therefore I am requesting the USACE to seek my permission to permit.
Therefore I am requesting a "Public Hearing" be held prior to permitting.
Feel free to contact me or my attorney concerning this matter as provided:
Gary C. Jones, CCIM
828- 243 -8490
garyj oneskccim net
Joe McGuire @ McGuire, Wood & Bissette
828- 254 -8800
jmcguirena mwbavl com
DEC 5 2013
D - WA TV

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
GARY C. JONES and CINDY C. JONES, )
Plaintiffs )
V. )
INGLES MARKETS INCORPORATED and )
THE CITY OF HENDERSONVILLE, )
Defendants. )
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 13 CVS 805
ORDER DENYING
MOTION TO DICMU
WEF480W COUNTY
FILED
SEP 16 2013
L If
By
CLZV(OF:SU
This matter coming on for hearing before the undersigned Superior o 7udge*up6h'fhe" ' --"
Motion to Dismiss filed by Defendant Ingles Markets Incorporated pursuant to Rule 12(b)(6) of
the North Carolina Rules of Civil Procedure, and the Court having considered said motion, the
pleadings and the arguments of counsel; and the Court concluding that the Plaintiffs have stated
a claim upon which relief may be granted;
IT IS ORDERED that the Motion to Dismiss filed by Defendant Ingles Markets
Incorporated is hereby denied.
Entered this the e�C day of September, 2013.
4846- 7593 -5509, v. 1
ERIOR COURT JUDGE PRESIDING
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2DE
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V
STATE OF NORTH CAROL A F
COUNTY OF HENDERSON 15 8013
�W.
GARY C JONES and CINDY C
Plaintiffs
v
1NGLES MARKETS INCORPORATED and
THE CITY OF HENDERSONVILLE,
Defendants
3 GENERAL COURT OF JUSTICE
S ERIOR COURT DIVISION
I FILE NO 13 CVS 805
ORDER DENYING
MOTION TO DISMISS
This matter coming on for hearing before the undersigned Superior Court Judge upon the
Motion to Dismiss filed by Defendant The City of Hendersonville pursuant to Rule 12(b)(6) of
the North Carolina Rules of Civil Procedure, and the Court having considered said motion, the
pleadings and the arguments of counsel, and the Court concluding that the Plaintiffs have stated
a claim upon which relief may be granted,
IT IS ORDERED that the Motion to Dismiss filed by Defendant The City of
Hendersonville is hereby denied
Entered this the J,� da of July, 2013
c w ' I,, R11 "
4828 - 5809 -3332, v 1

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SSUPERIOR COURT DIVISION
COUNTY OF HENDERSON tel3 "�4'' ��� �' 4 U FILE NO. 13 CVS 985
GARY C JONES and CINDY C. JONES,
Plaintiffs )
V. ) COMPLAINT
INGLES MARKETS INCORPORATED and )
THE CITY OF HENDERSONVILLE, )
Defendants.
Come now the Plaintiffs Gary C. Jones and Cindy C Jones and for their causes of action
against the Defendants Ingles Markets, Incorporated and The City of Hendersonville allege as
follows
1. Each of the Plaintiffs is an adult citizen of the State of North Carolina, residing in
Henderson County, North Carolina Gary C. Jones and Cindy C. Jones are married to
one another as husband and wife.
2. Defendant Ingles Markets, Incorporated ( "Ingles ") is a corporation organized and
existing under the laws of the State of North Carolina, with its principal place of business
located in Buncombe County, North Carolina.
3. Defendant The City of Hendersonville ( "City ") is a municipality organized and existing
under the laws of the State of North Carolina, with its principal place of business located
in Henderson County.
4. During or before July, 1948, B Jackson, Sr. developed a Subdivision initially known as
the "Business Center" and recorded a plat thereof in Plat Book 4, page 66, of the Office
of the Register of Deeds for Henderson County (the "Subdivision Plat "). The
Subdivision Plat showed the Business Center as including 128 lots and two streets, one
named "Penny Street" and the other named "Sides Street." The Subdivision Plat is now
recorded in Cabinet B, page 323A, of the Office of the Register of Deeds for Henderson
County
5 Following recordation of the Subdivision Plat, B Jackson, Sr. sold and conveyed lots
within the Business Center by reference to the Subdivision Plat and induced purchasers

of those lots to believe that the streets and alleys shown on the Subdivision Plat would be
kept open for their use and benefit.
6. By subdividing and platting the Business Center into lots, streets and alleys, and selling
and conveying the lots with reference to the Subdivision Plat, B Jackson, Sr. granted an
easement in the streets and alleys, and all of them to the use of the purchasers and those
claiming under them, and offered the same for dedication to the public.
On or before April 4, 1979, by a deed recorded in Deed Book 575 at Page 87 of the
Office of the Registry of Deeds of Henderson County, William A. Pace conveyed his
interest in and title to certain lots within the Business Center to Ingles by reference to the
Subdivision Plat
8 On or before February 22, 2006, by a deed recorded in Deed Book 1264 at Page 73 of the
Office of the Registry of Deeds in Henderson County, Kenneth G. McSwain conveyed
his interest in and title to lots 22 and 23 within the Business Center to the Plaintiffs by
reference to the Subdivision Plat, together with a right -of -way, 5 feet in width, for
purposes of ingress and egress to and from U S Highway # 176, together with all
privileges and appurtenances thereto belonging, a true copy of which is attached and
incorporated as Exhibit A.
9 On or before April 15, 2008, by a deed recorded In Deed Book 1357 at Page 223 of the
Office of the Registry of Deeds in Henderson County, 1031 Exchange Services QI FB /o
AT101, LLC, Exchange Accommodation Titleholder and Gary C. Jones and wife, Cindy
C Jones, conveyed their interest in and title to a certain tract consisting of .87 acres and
lots 24, 25, 26, 82, 83, 84, 85, 86 and 87 within the Business Center to the Plaintiffs by
reference to the Subdivision Plat, together with all privileges and appurtenances thereto
belonging, a true copy of which is attached as Exhibit B.
10 The Plaintiffs were induced to purchase the aforesaid lots and property within the
Business Center in reliance upon the Subdivision Plat and its implied representation that
the streets and alleys shown therein would be kept open for their use and benefit
11 In purchasing the aforesaid lots and property within the Business Center in reliance
upon the Subdivision Plat, the Plaintiffs acquired the right to have all and each of the
streets and alleys kept open
12 In purchasing the aforesaid lots and property within the Business Center in reliance upon
the Subdivision Plat, the Plaintiffs acquired an appurtenant easement in the streets and
alleys shown within the Business Center on the Subdivision Plat for the use and benefit

t"
of the property acquired by them.
13 Due to a change of streets names, Sides Street and Penny Street within the Business
Center are now known as Joel Wright Drive and Copper Penny Street, sometimes
referred to as Copper Penny Drive, respectively.
14. On March 7, 2013, based upon a petition by Ingles, William Pace and Mark Pace, the
Hendersonville City Council adopted a resolution expressing the intention of the
municipality to close portions of Joel Wright Drive, Copper Penny Street, an alley
surrounding the Ingles Market at 625 Spartanburg Highway.
15 On May 2, 2013, following a public hearing, the Hendersonville City Council adopted an
Order to Permanently Close the Street or Alley, a true copy of which is attached and
incorporated as Exhibit C. The Order to Permanently Close the Street or Alley was
recorded in Deed Book 1533 at Page 1 of the Office of the Registry of Deeds in
Henderson County.
16. Prior to adopting the aforesaid Order to Permanently Close the Street or Alley, the
Hendersonville City Council adopted a substitute motion accepting dedication of the
right -of -way of portions of Joel Wright Drive, Copper Penny Drive and an alley
surrounding the Ingles Market within the Business Center, and made findings that closing
the street or alley was not contrary to the public interest, and that no individual owning
property in the vicinity of the street or alley or in the subdivision in which it is located
would thereby be deprived of reasonable means of ingress and egress to his property
17 The easement appurtenant created by the sale and conveyance of lots by B. Jackson, Sr.
within the Business Center with reference to the Subdivision Plat attaches to, passes with
and is an incident of ownership of lots within the Business Center. Once the easement
appurtenant was created, it has run with the land and is not personal to the landowner
The easement appurtenant is an incorporeal right attached to the land within the Business
Center and can be conveyed only by conveying the land involved
18 In that the lots owned by Plaintiffs were conveyed by reference to the Subdivision Plat,
Plaintiffs have a right to have the streets and alleys shown on the Subdivision Plat kept
open for Plaintiffs' reasonable use, which right is not subject to revocation except by
agreement and may not be extinguished, altered or diminished except by agreement or
estoppel not present in this matter
19 Neither Ingles nor the City has the authority or any right to close any portion of Joel
Wright Drive, Copper Penny Street or any alley shown on the Subdivision Plat pursuant

to North Carolina General Statutes section 160A -299 or otherwise, without the consent
and joinder of Plaintiffs.
20. The Order to Permanently Close the Street or Alley adopted by the Hendersonville City
Council was ineffective as to Plaintiffs' and other landowners' easement appurtenant to
the streets and alleys within the Business Center as shown on the Subdivision Plat
21 The attempted closure of Joel Wright Drive, Copper Penny Street and an alley by the City
will adversely impact the fair market value of the lots and property owned by the
Plaintiffs within the Business Center.
22 As a result of the adoption by the Hendersonville City Council of the Order to
Permanently Close the Street or Alley, Plaintiffs are uncertain about their rights and
entitlements to an easement appurtenant to Joel Wright Drive, Copper Penny Street and
an alley shown on the Subdivision Plat.
23. There exists an actual and justiciable controversy between the Plaintiffs and Ingles and
the City as to whether Plaintiffs have and retain an easement appurtenant to Joel Wright
Drive, Copper Penny Street and an alley shown on the Subdivision Plat.
24 Plaintiffs are entitled to a judgment declaring that the lots owned by Plaintiffs were sold
and conveyed by reference to the Subdivision Plat, that Plaintiffs retain an easement
appurtenant in the streets and alleys shown on the Subdivision Plat, that the Plaintiffs are
entitled to have the streets and alley shown on the Subdivision Plat kept open for their
reasonable use, that the City has no authority or right to terminate or diminish Plaintiffs'
easement by purporting to close any portions of Joel Wright Drive, Copper Penny Street,
or any alley shown on the Subdivision Plat, and that the Order to Permanently Close the
Street or Alley is void and of no effect to Plaintiffs and other owners of property within
the Business Center
25 Plaintiffs are entitled to restrain and enjoin the Defendants from any action to block
Plaintiffs" easement in any portion of Joel Wright Drive, Copper Penny Street and any
alley within the Business Center as shown on the Subdivision Plat, including by the
Court's issuance of a temporary restraining order and a preliminary injunction pending
trial or final hearing of this action
26. Plaintiffs have no adequate remedy at law and will suffer irreparable injury should the
Defendants be allowed to close portions of Joel Wright Drive, Copper Penny Street and
an alley shown on the Subdivision Plat. Plaintiffs have shown a likelihood of success on
the merits and are entitled to injunctive relief to protect their rights pending trial or final
4

hearing of this matter.
WHEREFORE, Plaintiffs pray for the following relief-
(A) That the Court enter judgment declaring that the lots owned by Plaintiffs within the
Business Center were sold and conveyed by reference to the Subdivision Plat, that the
Plaintiffs have an easement appurtenant in Joel Wright Drive, Copper Penny Street and
any alley within the Business Center as shown on the Subdivision Plat for the use and
benefit of Plaintiffs' property, that the Plaintiffs are entitled to have the streets and alley
shown on the Subdivision Plat kept open for their reasonable use and benefit, that the
City has no authority or right to block Plaintiffs' easement appurtenant by closing any
portions of Joel Wright Drive, Copper Penny Street or any alley within the Business
Center, and that the Order to Permanently Close the Street or Alley adopted by the
Hendersonville City Council is void and of no legal effect as to the Plaintiffs and other
owners of lots conveyed by reference to the Subdivision Plat;
(B) That Ingles and the City be temporarily restrained and preliminarily enjoined from
closing any portions of Joel Wright Drive, Copper Penny Street or any alley within the
Business Center as shown on the Subdivision Plat,
(C) That the costs of this action be taxed to the Defendants; and
(D) That the Plaintiffs have such further relief as the Court may deem just and proper.
This the�a Aday of May, 2013.
MCGUIRE, WOOD & BISSETTE, P.A
By:,��1 J
5
N C LB/ar No. 6739
48 Patton Avenue (2880 1)
Post Office Box 3180
Asheville, North Carolina 28802
Telephone No. (828) 254 -8800
Facsimile No. (828) 252 -2437
Attorneys for Plaintiffs

l
81264 1;073
Fled and rocorded in the or of Deeds of&w for
N.C. f Mda of
in Book J (s� g 2
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FlenCasm Co, N C. kegisw of Dudr a
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax. -:�Qt.( ip'
Parcel Identifier No Verified by County on the _ day of '20
By —
Matl/Box to
This instrument was prepared by Linda A�. Moxlev, Attorney
Bnefdcscnption for the Index /A
THIS DEED made this 22nd day of February 2006, by and between
KENNETH G. McSWAIN, Unmarried
GRANTEE
GARY C. JONES and wife,
CINDY C. JONES
1111 Asheville Highway
Hendersonville, NC 28791
Enter to appropriate block for each party name, address, and, if appropriate, character of entity, e g corporation or partnership
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, znd assigns, and shall include
singular. plural, masculine, feminine or neuter ds required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has
and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all that certain lot or panel of land situated in
the City of , Hendersonville Township, Henderson County,
North Carolina and more particularly descnbed as follows
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
The property hereenabote descnbed was acquired b) Grantor by instrument recorded to Book
A map showing the above described property is recorded in Plat Book page
NC Bar Association Form No 3 ® 1976, Revised ® 1977, 2002
Pnnted by Agreement with die NC Bar Association - 1981
E B EXHIBIT
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edge
-limes Williams & Co. Inc
wwwJartesR411tams com
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EXHIBIT A
BEING ALL OF LOTS TWENTY -TWO (22) and TWENTY -THREE (23) of
BUSINESS CENTER, a subdivision shown on a plat recorded In Plat
Book 4, Page 66, of the Henderson_ County Registry, together with
a right -of -way, 5 feet in width, for purposes of ingress and
egress to and from U.S Highway #176, extending along the
westerly 5 feet of Lot Twenty -One (21) of said subdivision, said
premises being a part of premises described in Deed Book 346, at
Page 609 of the Henderson_ County Registry.
AND BEING that same property conveyed to Kenneth G McSwain by
deed dated December 29, 1992 and recorded in Deed Book 813 at
Page 393 of the Henderson County Registry
J
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81264 6074
TO HAVE AND TO HOLD the aforesaid lot or pmml of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple
And the Grantor covenants vnth the Grantee, that Grantor is seaM of the premises in Re simple, has the right to convey the same to fee
simple, that title is marketable and free and clear of oll encumbrances, and that Grantor will warrant and defend the title against the
laa-ful claims of all persons whomsoever, other than the following exceptions
IN WITNESS WHEREOF, the Grantor has duly eacuted the f1 as of the da and year fi P above written
(SEAL)
(Entity Name) Kenneth G. He Swain, Unmarried
By
Title
By
Title
By
Title
J
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(SEAL)
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K (SEAL)
State o Outltarolma - Count) of Laurens
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1, the undenngned Notary Public of the County and State aforesaid, certify that
\ \a�ARY rn Kenneth G. McSwain, Unmarried petsonallv appeared before me this day and
o,e acknowledged the due execution of the foregoing instrument for the ses therein
G hand and Notarial stain or seal Otis pro expressed Witness my
P U D �-\ p Llo day of Tt1,rt.n: �20�4
11 MyComnionExpts � A d OL tlJcj„w�,tt
r Il r' ` t Notary Public
State of North Carolina - County of
>, 1. the undersigned Notary Public oftheCoumy and Stitteaforesaid, ccmfythat
Spawnally came before me this day and
O acknowledged that _he is ffie of
Ye a North Carolina or cocporati&Nf=- ted liability company /general pattncrshipltmited
x partnership (state through the inapplicable), and that oy authority duly given and as the act of each entity,
v _he signed the forgoing uuaument m its name on its behalf' as its act and died Witness my hand and
Notarial stamp dus day of 20_
_
My Commission Expire ;
Notary Public
a State of North Carolina - County of
z
XI, the undersigned Notary Pubbc of the County and State aforesaid, certify that
_z
X
Witness my hand and Notarial stamp or seal dus da) of 20_
wMy Cornmtsston Expires
Notary Public
The foregoing Certifi s) of istare certified to be correct
This instrument andTm certificate are duly regis c date an c and m the Book and Page shown on the first page hereof
Re er of Deeds for County
By eputy/Assistant - Register o s
NC Bar Association Fo 0 3 O 1976, Reviscd 977, 2002 lames Williams & Co, Inc
Printed by Agreemen ith the NC Bar Associ n - 1991 www lamesWW iilliams eom

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FILED IN HENDERSON COUNTY REGISTER OF DEE
OFFICE NEDRA W MOLES, REGISTER
DATE: 4,15�D�__,,ME: - l f W
EXCISE T SWAMP
BOOK �� PAGE: ��3
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax $ -0- PIN-
Mail To 1031 EXCHANGE SERVICES, LLC
'6 CENTRAL
ASHEVILLE, N.C. 28801
This instrument was prepared by Randolph C. Romeo [Title not examined -deed preparation only]
Brief description for the Index A tit�,
THIS DEED made tins day of April 2008,
GRANTOR
and between
1031 Exchange Services QI FB /o ATI01, LLC,
Exchange Accommodation Titleholder and Gary C.
Jones and wife, Cindy C. Jones
GRANT hh
Gary C. Jones and wife,
Cindy C. Jones
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall
include singular, plural, masculine, feminine or neuter as required by context
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain
lot or parcel of land situated in the City of Township, Henderson County,
North Carolina and more particularly described as follows
See Attached Exhibit A for a complete description of the property being conveyed herein, and which is incorporated
herein by reference.
The property hereinabove described was acquired by Grantor by instrument recorded in Deed Book , Page
A Map showing the above described property is recorded in Plat Book Page
EXHIBIT
b
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a
8

:?- 357 R21-q
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all pnvdeges and appurtenances thereto belonging to the Grantee in
fee supple
And the Grantor covenants with the Grantee, that Grantor is seized of the prerruses in fee simple, has the right to convey the
same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend
the title against the lawful claims of all persons whomsoever, other than the following exceptions*
Subject to easements and restrictions of record.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written
AT101, LLC
By: 1031 Exchange Services, LLC Member
By: Southern Financial Services of
North Carolina, Inc. P4ember
BY
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
I, , a Notary Public for the above State and Henderson County, certify
that Sarin -is o. personally came before me this day and acknowledged that he is Member
of AT101, LLC, a North Carolina Limited Liability Company, and that he, as Member being authorized
to do so, executed the foregoing on behalf of the Limited Liability Company.
WITNESS my hand and official seal, this l y'�-- day of Apnl 2008.
e;'2�<�' 3ta—&—
My Commission Expires. NOT Y P uzkdc
.2- t8 -o20yz
MICHELLE F SMITH
NOTARY PUBLIC
BUNCOMBE COUNTY NC
My Commission Expires

(J
3 7 P22
EXHIBIT A
THE POINT OF BEGINNING for the property is a nail that is located South 7 6 deg
21 min 03 sec East 275 07 feet from NCGS Monument "Wash" on the southern
margin of the right of way of U S Highway 176, which point also is the northeast
conger of that property of Ethel Jane Byers Brocic as described in the deed recorded in
Book 461 at Page 679 in the Office of the Register of Deeds, Henderson County,
North Carolina
FROM THE POINT OF BEGINNING THUS ESTABLISHED, continuing with the
southern margin of the right of way of U S Highway 176, South 75 deg. 54 min 18
sec East 76 16 feet to a point, thence leaving the right of way for U S Highway 176,
South 12 deg. 51 min 48 sec West 193 82 feet to an existing iron pipe; thence
North 83 deg 07 min 43 sec East 100 25 feet to an existing iron pipe, thence South
06 deg. 47 min. 35 sec East 149 92 feet to an existing iron pipe located on the
northern margin of the right of way for Joel Wright Drive, thence continuing with the
northern margin of the right of way for Joel Wright Drive, South 83 deg 11 min 59
sec West 149 97 feet to an e:dstiung iron pin, thence leaving the right of way for Joel
Wright Drive, North 06 deg 50 min 02 sec West 149 78 feet to an existing iron
pipe, thence South 83 deg 08 min 21 sec West 29 99 feet to an e)dsting iron pipe,
thence North 12 deg 3 6 min 29 sec East 222 3 6 feet TO THE POINT AND
PLACE OF BEGINNING Being that property consisting of 87 acres as shown on
the survey prepared by Laughter, Austin &Associates, P A for Vic Shealy and dated
May 8, 2007 (Drawing File 07145)
In addition, the property includes all of LOTS 24, 25, 26, 82, 83, 84, 85, 86 and 87
as shown on that plat recorded in Plat Book 4 at Page 66 on July 19, 1948 in the
Office of the Register of Deeds for Henderson County, North Carolina (which plat
states in a certificate thereon as being recorded in Plat Book 4 at page 67 in the
Office of the Register of Deeds for Henderson County, North Carolina)
This conveyance is made SUBJECT TO the right of way of Spartanburg Highway
(U S Highway 176) as it extends to its full legal width, and is further SUBJECT TO
any and all easements, restrictions, and other rights of way of record, if any

n� 1533 PAGE
This document presented and filed
05/08/2013 04 37 05 PM
ReAk
NEDRA W MOLES, Henderson COUNTY, NC
ORDER #13 -0528
ORDER TO PERMANENTLY CLOSE THE STREET OR ALLEY
(Petition of Ingles Markets and William and Mark Pace)
NORTH CAROLINA
HENDERSON COUNTY
TO WHOM IT MAY CONCERN:
WHEREAS, North Carolina General Statue Section §160A -299 authorizes a city council to
permanently close any street or public alley way within its corporate limits or area of
extraterritorial jurisdiction and provides a procedure for the closing such streets or alleyways;
and
WHEREAS, Ingles Markets and William and Mark Pace, has petitioned the City of
Hendersonville to close portions of Joel Wright Drive, Copper Penny Drive, and an unopened
alley surrounding the Ingles Market at 625 Spartanburg Highway; and
WHEREAS, on March 7, 2013, the Hendersonville City Council adopted a resolution
expressing the intention of the municipality to dose portions of Joel Wright Drive, Copper Penny
Drive, and an unopened alley surrounding the Ingles Market at 625 Spartanburg Highway and
setting May 2, 2013 as the date of a public hearing regarding such closure; and
WHEREAS, the aforementioned resolution has been published once a week for four
successive weeks prior to the public hearing as required and a copy thereof has been sent by
certified mail to all owners of property adjoining the street as shown on the county tax records;
and
WHEREAS, notice of the closings and of the public heanng has been posted in at least
two places along the street; and
WHEREAS, a public hearing was held in conformance with the aforementioned public
notice on the second day of May, 2013.
1
EXHIBIT
a

Book 1533
Page 2
NOW, THEREFORE, the City Council of the City of Hendersonville does hereby make the
following findings of fact:
1. The closing of portions of Joel Wright Drive, Copper Penny Drive, and an unopened
alley surrounding the Ingles Market at 625 Spartanburg Highway hereafter described
are not contrary to the public interest.
2. No individual owning property in the vicinity of the street or in the subdivision in
which it is located would be deprived by the closing of such a street of reasonable
means of ingress and egress to their property.
IN CONSIDERATION THEREOF, IT IS HEREBY ORDERED:
1. The following opened portions of Joel Wright Drive, Copper Penny Dnve, and an
unopened alley surrounding the Ingles Market at 625 Spartanburg Highway is
permanently closed and no longer existent as of the effective date of this order:
Beginning on a magnetic nail in asphalt pavement on the northern margin of Joel Wright
Drive, also known as. Sides Street as shown on a plat recorded in Plat Book 4, Page 66 of
the Henderson County Register of Deeds Office; said point of beginning being on the
western boundary line of property of Ingles Markets Incorporated described in Deed
Book 806, Page 758 of said registry and being located South 51 °11' 16" East 635.72 feet
from North Carolina Geodetic Survey monument "Wash" having N.0 Grid
(NAD'83(2007)) coordinates of N 584740.10 feet and E 968469 55 feet; thence from
said point of Beginning thus established and with the northern margin of said street the
following two courses and distances: on a curve to the right having a radius of 106.48
feet, an arc length of 37 90 feet, a chord beanng of South 83 °46'09" East and a chord
distance of 37.70 feet to an unmarked point, hereinafter called: "a point "; thence South
76 006'33" East 313.22 feet to a point in the western line of a 10'ditch, as shown on Plat
Book 4, Page 66, said western line of ditch also being the eastern margin of said street,
thence with said 10' ditch South 13 °49'43" West 379 48 feet to a point, said point lying
North 76 °08'38" West, 5 00 feet from a #5 rebar with a yellow plastic cap stamped- Ed
Holmes & Assoc., hereinafter called: "EHA rebar", said point being on the southern
margin of Copper Penny Street, also known as- Penny Street as shown on said plat.
thence with said southern margin of said street the following two courses and distances:
North 76 008'38" West 297.59 feet to a 45 rebar 0.2 feet below the surface of asphalt
pavement; thence North 84 °17'35" West 50.50 feet to an ERA rebar in the western
boundary of said Ingles property, thence leaving said southern margin and with said
western boundary and crossing said street, North 13°22' 36" East 40.36 feet to a point in
said boundary at the northern margin of said street; thence leaving said boundary and
with said northern margin of said street the following three courses and distances- South
84 017'35" East 47.96 feet to a point, thence South 76°08'42" East 248.11 feet to a point,
thence on a curve to the left having a radius of 15.09 feet, an arc length of 20 79 feet, a
chord bearing of North 59°22'39" East and a chord distance of 19.18 feet to a point;
thence with the western margin of the street shown on said plat North 13 °08'38" East
273 03 feet to a point, thence on a curve to the left hiving a radius of 13.22 feet, an arc
length of 20 58 feet, a chord bearing of North 31'27'11 " West and a chord distance of
18.57 feet to a point in the southern margin of the aforementioned Joel Wright Drive;
thence with said margin the following two courses and distances: North 76 °06'33" West
258.20 feet to a point, thence on a curve to the left having a radius of 65.71 feet, an arc
2

Book 1533
Page 3
length of 38.44 feet, a chord bearing of North 88 °43'30" West and a chord distance of
37.89 feet to a point in the aforementioned western boundary of Ingles property; thence
leaving said southem margin of said street, crossing said street and with said western
boundary North 13°22'36" East 43.25 feet to the point and place of Beginning
2. The City Clerk shall forthwith cause a copy of this order to be filed In the Office of
the Register of Deeds of Henderson County.
This order shall take effect the second day of May 2013.
ATTEST:
Tammie K. Drake, City Clerk
Approved as to form:
Samu Fritschner, mey
Barbara G. Volk, Mayor, Gty of Hendersonville
STATE OF NORTH CAROLINA, COUNTY OF HENDERSON
(n
i, ( u 4� a notary public in Henderson County, State
of North Car6lina, doh certify that Barbara G. Volk in her capacity as Mayor of the Gty of
Hendersonville, Tammie K. Drake, in her capacity as City Clerk, and Samuel H. Fritschner, in his
capacity as City Attorney, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Witness my hand and notarial seal, this ��� d911 X M41A
My commission expires 03 - Zc>/+
G• \Clerk \0rdir►wrnXord 13 \130528 Street Qosnq Ingles REV doc
3

City of Hendersonville : Active Projects Page 1 of 1
Active Projects
SPECIAL USE REVIEW
Ingles 625 Spartanburg Highway - File No. P13 -7 -SUR (On Hold)
Neighborhood Compatibility Meeting - May 16, 2013 1:30pm in the Assembly Room of the City
Operations Center, 305 Williams Street Hendersonville, NC 28792
Planning Board Meeting - TBA 4:oopm in the Assembly Room of the City Operations Center,
305 Williams Street Hendersonville, NC 28792
City Council Public Hearing - TBA 5 :45Pm in the Council Chambers of the City Hall, 145 Fifth
Avenue East Hendersonville, NC 28792
The City of Hendersonville has received an application from Ingles Markets, Inc., to construct a 77,427 sq ft.
grocery store and gas station on the current Ingles site. The existing 46,379 sq ft. grocery store will be
demolished. The development site is to include 625 Spartanburg Highway, 119 Copper Penny Street, a
portion of 636 Greenville Highway and parcel *s 9568-94-0455 and 9568 -83 -9764. The total property,
approximately 7.23 acres, is proposed to be rezoned from C -3 Highway Business to PCD Planned
Commercial Development.
Boys & Girls Club Classroom Addition - File No. P13 -13 -SUR (On Hold)
Neighborhood Compatibility Meeting - June lo, 2013 1:30pm in the Assembly Room of the
City Operations Center, 305 Williams Street Hendersonville, NC 28792
Planning Board Meeting - July 8, 2013 4:oopm in the Assembly Room of the City Operations
Center, 305 Williams Street Hendersonville, NC 28792
City Council Public Hearing -TBA in the Council Chambers of the City Hall, 145 Fifth Avenue
East Hendersonville, NC 28792
The City is in receipt of an application to build a new 9,600 sq.ft., two -story classroom building at 1302 Ashe
Street.
Planning Application Types
12/4/2013

Ingles - Spartanburg Highway
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224 South Grove Street, Suite F
lien dorsonville, North Carolina 28792

Inqles - Spartanburq Highwav ( +/- 7 AC
Legend
— Strea m
Retaining Wall
— Existing Culvert
Building Footprint
Proposed Box Culver Boundary
Proposed Parking
Dravm by: RLN 10.21.13; CEC Project
Snurne Data, I and Planning Assnciates
Proaect Data
Total Pro'1 ect Area +,. 7 acres
Jurisdictional Waters ofthe US
Streams 860 linear feel
Wetlands 0 acres
Open Water 0 acres
Jurisdictional Impacts
Streams (new culvert) 300 linear feet
Maintenance (culverts to be replaced) 253 linear feet
Mitigation
N y Streams
NCEEP 300 linear feet
50 100 200 300
EMNNni Feet
Henderson County, CLearWaLer Impact Map
North Carolina 224 South Grove Street, Suite F Figure 4
Hendersonville, North Carolina 28792

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