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Home My WebLink AboutNC0001422_Session Law 2011_20110629 14 i illh........---.----.........-- '''"'"""-- ...._...........---......._ L � - '/' .. Session Laws-1971 CHAPTER 463 ?' d S. B. 452 CHAPTER 461 FILE G AN ACT TO PROTECT NORTH AMERICAN PANTHERS. ' The General Assemble of North Caroline do enact: c Section 1. G.S.11310'O is amended by adding the following at the end thereof .4 It shall be unlawful to take North American panthers(cougars)at any time. Sec. 2. This act shall become elThctive immediately upon ratification. • In the General Assembly read three times and ratified,this the 28th day of May, I 1971. • S. B. 685 CHAPTER 462 AN ACT TO AUTHORIZE THE DEPARTMENT OF ADMINISTRATION WITH APPROVAL OF TFIE GOVERNOR AND COUNCIL OF STATE TO GRANT AN •�. EASEMENT PERTAINING TO THE DEVELOPMENT OF A RESERVOIR TO .* BE USED IN CONNECTION WITH THE GENERATION OF ELECTRIC YF POWER FOR SALE AND DISTRIBUTION TO THE PUBLIC REEK N O BE NEW ED i .; ADJACENT TO THE CAPF. FEAR RIVER AT CA FISH IIANOVER COUNTY. "t. 77,e General Ai sembl+•of�Vorth Carolina do enact of the Governor • • Section 1. The Department of Administration with approval1 and Council of State may authorize the utilization and impoundnof the development closing,of Catfish Creek in New Hanover County.for the purpose nl'u reservoir to be used in connection with the generation ofelectric n aucl+poower far sate , and distribution to the public. and is authorized to grant. upo may he deemed proper. including the condition that the fishery management in the reM•r.nir be under the jurisdiction of the tNeo North Carolina Wildlife by ldlie a Resources cle ..`�: C'urnn+i aiun,an easement for such purpose Creek. granted pursuant to this act shall be executed and Sec. 2. Any easement Rn ;. approved in the manner prescribed in Article 16 of Chapter 146 of the General . t I Statute of North Carolina. Sec. 3. This act shall become effective upon its ratification. In the.General Assembly read three times and ratified•this the 28th day of May. 1971. t 11. B. 637 CHAPTER 463 AN PUBLIC C L WSAL O CHAPTER 933. BEING AN ACT REGULATAS AMENDED BY ING THAPTERE SALE OF I L BLIC *.L ALCOHOLIC BEVERAGES NEAR GUILFORD COLLEGE. s, The Genentl,tssembly of North Carolina db enact ==~i r 406 the Public Laws of ,,S Section 1. That Chapter 369 as amended by Chapter 406o of College. be and is. 1`i3. regulating the sale of alcoholic beverages I ereby repealed. .i Sec. 2. That all laws and clauses of laws in conflict with this act are hereby repealed. See. 3. That this act shall be in force and effect , from and after its ratification. ` In the General Assembly read three times and ratified,this the 28th day of May. ,i 1'9 1. 'M 395 . i. W fpee.sw..wa"•P'u'"`"''''''' [I-GV-GUi,1 V.:Yo rn r+vya ran a_.aea yy sa> > -+•.. h?I'tU O 10 RECOnr' .PAGE Deed fate 9/7 • Jule 29 I as en'i i BOOK 911 ME 732 DD RECTION ORWN BY R UNDER THE 1 C NORT :iii,Y SSCHARLES D.G:.uHa:.t..IR. STATE OP ) I I iivCR CO..N.C. ) EASEMENT ATTO.iHET COUNTY OF NEW HANOVER ) THIS AGREEMENT, made and entered into this ' day of June, 1971, by and between the STATE OF NORTH mount, hereinafter called "State", and CAROLINA POWER & LIGHT COI(2A1I!, a North Carolina corporation having its principal office in Raleigh, North Carolina, hereinafter called "Company"; WITNISSIT H: WEERE►S, the Company proposes to construct a cooling water reservoir for its L. V. Sutton Steam Electric Plant in New Hanover County, North Carolina, on lands owned by it north of the Plant and east of the. Cape Fear River; WHEREAS, said cooling water reservoir will impound Catfish Creek, a tidal creek approximately three miles in length and lying entirely within the proposed reservoir; WHEREAS, Catfish Creek is a navigable stream, the bed and bottom of which is owned by the State of North Carolina. WHEREAS, Chapter 462, Session Laws of 1971, empowers the Department of Administration, with the approval of the Governor and Council of State, to "authorise the utilization and impoundment, including the closing, of Catfish Creek in New Hanover County, for the purpose of the development of a reservoir to be used in connection with the g ion of electric power for sale to the public, and . . . to grant upon such terms and conditions as may be deemed proper, including the condition that .fishery management of the reservoir be under the Jurisdiction of. the North Carolina Wildlife Resources Comission, an easement for such purposes in the lands covered by the waters of the Creek"; WHEREAS, the Department of Administration, with the approval of the Governor and Council of State, has authorised the closing of Catfish ' STAT D>N Real Estate — PFtiLJNAsf?i, yFrr eTx o PA.147211 I~ t� 24 rit'::.',..'.1 ��«''.=' F'iHwti.;•w+;;•:i't 'v.+ry..;?:��:.:..�:;=sa'.. - /: ;i'�';�:ti1.rJ�'i+. 1i.�.'�``•.. boon 911 , 733 Creek to navigation and the impoundment of the Creek for use in connection with the generation of electric power by the Company; WHEREAS, the Company has requested that the State grant to it the necessary easement to construct a dike or dikes across the mouth of Catfish Creek, impound the waters of the Creek and utilize the bed or bottom of.the Creek in the construction, operation and maintenance of its • _ _.^; proposed cooling water reservoir for its L. V. Sutton Steam Electric Plant; WHEREAS, the North Carolina Department of Administration has authorized and approved the execution of this instrument; and WHEREAS, the execution of this instrument for and on behalf of the State of North Carolina has been duly approved by the Governor and Council of State by resolution adopted at a meeting in the City of Raleigh, North Carolina, on the 10th day of June, 1971. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the State does hereby grant to Carolina Power & Light Company, its succes- • sors and assigns, the right, privilege and easement to go in, under and upon the waters of Catfish Creek, submerged lands thereunder and any swamp- land adjacent thereto owned by the State in Cape Fear Township, New Hanover County, North Carolina, and to construct, operate and maintain therein a cooling water reservoir for the Company's L. V. Sutton Steam Electric Plant, with the right to do all things necessary or convenient thereto, including but not limited to, the following: (a) the right to construct and maintain a dike or dikes in Catfish Creek at or near the mouth of the Creek and at other locations for the purpose of impounding the waters of the Creek; and (b) the right to dredge, fill or otherwise utilize the bed or bottom of the Creek in the construction, operation and maintenance of a cooling water reservoir for said Plant. - 2 - • • ••••auseuekk.'i_7:1 :t a: ili±7 1?att.:.+ .-e.1,,+•fpi'.}''.`�i�� .3 ";7'.`•ra *:-'..u;i•r ._. • vox 911 M►cE 734 This easement shall include all of Catfish Creek and its bed or bottom lying north and east of the southern or southwestern edge of the perimeter dike to be constructed by Caroline Power & Light Company across the Creek at or near the mouth of the Creek as shown and described on Brown & Root Drawing No. G-3102C entitled "CIVIL, COOLING. LAKE, GENERAL LAYOUT", dated October 8, 1970. As a part of the consideration for the granting of this easement and as a condition hereof, the Company agrees: (a) to allow public access to the cooling water reservoir and to provide a public ramp for launching boats; and (b) to place the fishery management of the reservoir under the jurisdiction of the North Carolina Wildlife Resources Commission; (c) to install a traveling screen,if needed, at the intake to prevent the eggs and fry of migratory fishes from entering the plant. TO RAVE AND TO HOLD the aforesaid rights, privileges and easements • subject to the conditions hereinbefore set forth unto the said Carolina Power A Light Company, its successors and assigns for so long as the same 0.'n -I •#• usiness of generating, transmitting and distributing leis�slictrit , ow "'t public use. a/•r ,9R k.4, 11 _\; s IN �, . WHEREOF, the State of North Carolina, Grantor, has a l � ;,6,14,4d... i\ •t to be executed in its name by Robert W. Scott, S r iw Y. c.+ G'..c. ♦e :fid':. ,, ok', ttest0 y Thad Eure, Secretary of State, and the Great Seal of hk ta'5X I i rth Carolina to be hereto affixed, by virtue of the power and autho • • S - ' •RTH CAROLINA fitipsar A , IP.41-r I ' Governor tart' o Sta APPROVED AS TO APPROVED FOR DISTRIBUTION ROBERT MORGAN Attorney General�j/% -. /_ , v �V A Msector of Administration Real Ptoperty Attorney ' .a • wiX.;Z:. :.r_ a - .:.!i^ ,e,i.•.:.tA`l.'Cx;..7.".'.S Ssf1.:.j:...1.•r. -.. -. .. .. ... ....-.--.. ...... .rte ... ..-.. ..�r4,gy,p„o. .f1-CU-cv11 V.):.dc. rI'S r1 w,.c.a .....v.y,t• , .....,-1....,-”..•.. .... •. '''41 ETY:".1' . .•W.Mt.: •:L:.i .. • . • . •, • BOOK 911 PACE 735 • STATE OF NORTH CAROLINA COUNTY OF WAKE I, CLAIRE EASTMAN NICKELS, a Votary Public in and for said . .. .. • . • County and State, do hereby certify that ROBERT W. SCOTT, Governor of the State of North Carolina, and THAD EURE, Secretary of State of North Carolina, personally came before me this day and being by me duly sworn says each for himself that he knows the Great Seal of the State of North Carolina and that the seal affixed to the foregoing instrument is the Great Seal of the State; that ROBERT W. SCOTT, Governor of said State, and TRAD EURE, Secretary of State, subscribed their names thereto; that the said Great Seal of the State of North Carolina was affixed thereto, all by virtue of a resolution of the Council of State and by the Governor of said State, and that said instrument is the act and deed of the State of North Carolina. IN WITNESS/WHEREOF, I have hereunto sat my hand and Notarial Seal, this the !, aliday of / P � . 19 �, i � `r�illifieZ141111111C1.11/4944416#ZNotaryblic . My commission expires: • 144. .s . ...-• '• fir. ali • ~ ,;.;.S�✓•e RATE O/ aorta CAR01.01A. Wm Imes C.eq Th. rir•a•se CMaMr. d CUire_aagtm n jUsjials. Notary Pubic _____ rids �9 _M•i"__mono --- .A.o.. se 71 LM.C.Lim. orw.aa_ Charles D. Barham, Jr., Atty. a Cut of County -.•:u rr• •;6'AC,7,?t`..4. '+u:;"" .y.'d;.r a::•;.:.:s:. .5p.;.!N.:%T!'•;t.Kr til'.,::2•;rY.• . -g7 IR('•.<' . "...•� __. ..__��.�........._..i.... .. .. .1-2U-2411 U,l:J.7 em rrogres s cnergy ,..�: ' .., • • • BOOK 911 PAGE 735 STATE OF NORTH CAROLINA COUNTY OF WAKE I, CLAIRE EASTMAN NICKELS, a notary Public in and for said County and State, do hereby certify that ROBERT W. SCOTT, Governor of ' the State of North Carolina, and THAD EURE, Secretary of State of North Carolina, personally came before me this day and being by me duly sworn says each for himself that he knows the Great Seal of the State of North Carolina and that the seal affixed to the foregoing instrument is the Great Seal of the State; that ROBERT W. SCOTT, Governor of said State, and THAD EURE, Secretary of State, subscribed their names thereto; that the said Great Seal of the State of North Carolina was affixed thereto, all by virtue of a resolution of the Council of State and by the Governor of said State, and that said instrument is the act and deed of the .State of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial j Seal, this the A , day of24 %°a &- , 19 c --A1414-1461411110v0211"116.°Z.P Notary Public My commission expires: Ii"S.7V ,,feeTzrpen-44_ ,� C ' . `� 4 ^H