AGENDA Sawmills Town Hall Tuesday, April 20, 2021 6:00 pm  Regular Meeting of the Sawmills Town Council  1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes  Mayor Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Town Planner Dustin Millsaps Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Town Planner Dustin Millsaps Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Town Manager Chase Winebarger Mayor Johnnie Greene Mayor Johnnie Greene  A. March 11,2021 Budget Workshop Minutes B. March 16, 2021 Regular Meeting Minutes March 16, 2021 Closed Session Minutes D. April 1,2021 Budget Workshop Minutes  6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Public Hearing: William D. Fields and. Shaunal L. Leone A. Open Public Hearing B. Staff Commen/Recommenditoms Public Comment D. Close Public Hearing E. Council Action 9. Public Hearing: 160D Legislative Updates A. Open Public Hearing B. Staff Commentkecommemditons Public Comment D. Close Public Hearing E. Council Action 10. Financial Matters: A. Budget Amendment B. Property Contract Approval Budget Amendment  11. Public Comment 12. Updates:  A. Code Enforcement Report B. Town Manager Report C. Council Comments  13. Adjourn    MARCH11,2021 MINUTES OF TOWN COUNCIL BUDGET WORKSHOP 5:30 P.M.  COUNCIL PRESENT Mayor Johnnie Greene Keith Warren Clay Wilson Rebecca Johnson Joe Wesson COUNCIL ABSENT Melissa Curtis  STAFF PRESENT Chase Winebarger Karen Clontz Julie A Good  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order at  approximately 5:35pm. ITEMS FOR DISCUSSION:  Town Manager Chase Winebarger discussed the budget needs for the Fiscal Year  2021/2022.  Town Manager Chase Winebarger discussed future land uses.  COUNCIL ADJOURN: MayorJohnnie Greene asked for a motion to adjourn.  Clay Wilson made a motion, and Joe Wesson seconded, to adjourn the meeting at  approximately 7:39pm. All were in favor.  Johnnie Greene, Mayor  Julie A Good, Town Clerk    Page 1 of8  TUESDAY, MARCH 16, 2021  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Mayor Johnnie Greene Clay Wilson Rebecca Johnson Melissa Curtis Keith Warren Joe Wesson 6:03pm.  STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor Tanner Greene  CALL TO ORDER: Mayor Johnny Greene called the meeting to order at approximately  INVOCATION: Councilman Keith Warren gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor. Johnny Greene led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Johnny Greene asked for a motion to adopt the March 16, 2021 Joe Wesson made ai motion, and Keith Warren seconded, to adopt thel March 16, 2021 Agenda.  Agenda.  All were in: favor.  APPROVE FEBRUARY 9, 2021 BUDGET RETREAT MINUTES: Mayor Johnny Greene asked for a motion to approve the February 9, 2021 Budget Retreat Minutes. Rebecca. Johnson made a motion, and Clay Wilson seconded, to approve the February 9,2021  budget retreat minutes. All were in favor.  APPROVE FEBRUARY 16, 2021 REGULAR MEETING MINUTES: Mayor Johnny Greene asked for a motion to approve the February 16, 2021 regular meeting minutes. Melissa Curtis made a motion, and Joe Wesson seconded, to approve the February 16, 2021  regular meeting minutes. All were in favor.  APPROVE FEBRUARY 16, 2021 CLOSED SESSION MINUTES: Mayor Johnnie Greene asked for a motion to approve the February 16, 2021 closed session minutes. Joe Wesson made a motion, and Clay Wilson seconded to approve the February 16, 2021    March 16, 2021 Page 20 of8  closed session minutes. All were ini favor.  PUBLIC COMMENT: Mayor Johnny Greene asked if anyone had any questions or Shauna Leone came in and spoke to Council regarding the rezoning of her property.  comments at this time.  RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor Johnny Greene announced James Clark, as the March Recycle Rewards winner. A credit oft thirty-two dollars ($32.00) will be added to the  current sanitation bill. No Council action was required. FINANCIAL MATTERS:  HUDSON AMERICAN LEGION POST 392 DONATION REQUEST: Mayor Johnnie Greene stated that the Hudson American Legion Post 392 had requested a donation in the Clay Wilson made ar motion, and Rebecca Johnson seconded, to give a donation in the amount oftwo hundred dollars ($200.00) to the Hudson American Legion Post 392. All were in favor. SALES TAX REINVESTMENT CONTRACT: Mayor Johnnie Greene stated that the current contract with Caldwell County for the Sales Tax Reinvestment program will expire on June 30, 2021 and will need to be renewed. If renewed, the Sales Tax Reinvestment contract will be effective starting July 1, 2021 and ending June 30, 2025. Mayor Johnnie Greene stated that amount of the contract will not exceed one hundred ninety-four thousand dollars ($194,000.00) annually. The funds will be used by Caldwell County and the Caldwell County Economic Development Commission as incentive monies for job growth and development. Additionally, Caldwell County is able to use up to three hundred fiftyt thousand dollars ($350,000.00) of the fund annually for public purposes other than economic Joe Wesson madear motion, and Keith Warren seconded, toi renew the Sales" Tax Reinvestment  amount of two hundred dollars ($200.00).  development.  Contract with Caldwell County. All were in favor. PARKS AND RECREATION MATTERS:  PARKAND RECREATION POLICIES: Town Manager Chase Winebarger stated that the Parks and Recreation Department has been in contact with other local municipalities regarding their policies and regulations in regard to all matters pertaining to Parks and Recreation. After reviewing these policies and practices, we have compiled a Parks and    March 16, 2021 Page 3 of8  Recreations Policy Manual that best fits the needs of the Town. Policy Manual as it is presented. All were in favor.  Joe Wesson made a motion, and Clay Wilson seconded, to adopt the Parks and Recreation  PLANNING MATTERS:  CALL FOR PUBLICI HEARING FOR: 321A REZONING: Town Planner Dustin Millsaps stated that William DI Fields and Shauna LI Leone have petitioned the Town for ai rezoning for their property that is located on the edge oft the Town of Sawmills jurisdiction to change from RA-20 to G-M (General Manufacturing) to be able to put in a greenhouse. The two (2) properties across the street from this property are zoned G-M. This property's current land Town Planner Dustin Millsaps stated that the Town Planning Board had met on March 2, 2021, and recommended that the rezoning procedure shall proceed forward to Town Council. Rebecca Johnson made a motion, and Joe Wesson seconded, to call for a public hearing on the rezoning during the April 20, 2021 regularly scheduled council meeting. All were in  use is vacant with no primary structure or use.  favor.  CALL FOR PUBLIC HEARING FOR 160D UPDATES: Ashley Kale with the Western Piedmont Council of Governments stated that the new Chapter 160D of the North Carolina General Statutes consolidates current city and county enabling statutes for development regulations (previously Chapters 153A and 160D)into: as single unified chapter. Chapter 160D Ashley Kale stated that the Chapter 160D is effective now, but the state granted local governments to have until July 1, 2021 for the development, consideration, and adoption of necessary amendments to conform local ordinances to this new law. The Town of Sawmills contracted with the WPCOG to update the town's current zoning and subdivision development regulations to conform with the requirements of Chapter 160D. Ashley Kale with the WPCOG stated that during the March 2, 2021 the Planning Board meeting, that the Planning Board voted to recommend the Chapter 160D changes to the zoning Rebecca Johnson made a motion, and Joe Wesson seconded, to call for a public hearing for the Chapter 160D changes to the zoning and subdivision ordinance during the April 20,2021  places these statutes into a more logical, coherent organization.  and subdivision ordinance to Council for approval.  regularly scheduled council meeting. All were in favor.  DISCUSSION:  BAD DEBT WRITE OFF: Mayor Johnnie Greene stated that the Town had a list of2017 accounts that have gone unpaid for Utility and Sanitation services. The Town does not expect to collect payment for these accounts and recommends that Council approve the write offo of    March 16, 2021 Page 4 of8  the accounts. The total amount of these accounts is six thousand seven hundred thirty-five dollars and twenty-eight cents ($6,735.28). Mayor. Johnnie Greene also advised Council that included int the list are thirty-four (34) accounts the Town has submitted to thel NCI Debt Setoff Program for Collection. Mayor. Johnnie Greene stated the Town had recovered six thousand seven hundred eighty-six dollars and forty-six cents ($6,786.46) from previous years. There Clay Wilson made a motion, and Keith Warren seconded, to approve staff to write off the 2017 listofbad debts accounts int the amount ofs six thousand seven hundred thirty-five dollars  are sufficient funds in the budget to cover this.  and twenty-eight cents ($6,735.28). All were in favor.  METER CHARGE FOR REPLACEMENT METERS: Town Manager Chase Winebarger stated that since changing tot the new AMI meters last year, Public Works has had to go change several meters due to customer negligence. The new. AMI meters have an approximate value of four hundred dollars ($400.00). Staff would like for Council to approve a meter replacing fee of five hundred dollars ($500.00), which would include the cost of the AMI meter and Town Manager Chase Winebarger also stated that ifCouncil approves the meter replacement Clay Wilson made ai motion, and Rebecca Johnson seconded, to have a meter replacement fee offive hundred dollars ($500.00) for any AMI meters that need to bei replaced due to customer negligence and to table the fee collections discussion until the April 20, 2021 regularly scheduled council meeting for Town Attorney Terry Taylor to research options that would  labor for any meters that have to be replaced due to customer negligence.  fee, how would Council want staff to collect the fee.  best suit the Town with the collection ofthe fees. All were in favor.  RECONNECTS FOR SANITIATION ONLY ACCOUNTS: Town Manager Chase Winebarger stated that during disconnects, Public Works has to pick up sanitation cans due tor nonpayment, only to have to go and return the can in the next few days and the only fees that sanitation account only customers have to pay is the past due bill. Town Manager Chase Winebarger stated that all other accounts are charged a reconnect fee or given an option to Clay Wilson made a motion, Rebecca Johnson seconded, to charge a twenty-dollar ($20.00) replacement fee for the time toj pick up and storage oft the can, return of the can plus the past due amount, or the option to pay two (2) months bills (the past due amount and the following  pay two (2) months bills (the past due amount and the following month).  month) tol have sanitation accounts restarted. All were in favor.  SPECIAL PICK-UP LIMIT: Town Manager Chase Winebarger stated that there has been an increase in the number of special pick-ups for sanitation and brush. There are multiple locations that call for a special sanitation pick up weekly. At this time, the Town does not charge for special sanitation pick-ups or standard brush pile pick-ups because in the past the Town picked up the sanitation and went to the landfill on a regular basis. Now, Public Works is having to make trips to the landfill daily due to all the special sanitation and brush pick- ups, which is costing the Town extra money in tipping fees, fuel and truck maintenance charges. Town Manager Chase Winebarger stated that in order to off set the increased costs    March 16, 2021 Page 5of8  the Town is incurring, staff would like tol limit the number of special sanitation pick-ups and standard brush pick-ups to six (6) freej pick-ups per calendar year and then a charge ofseventy- Rebecca Johnson made ai motion, and Keith Warren seconded, to limit the number of special sanitation and standard brush pick-ups to six (6) a year and any pick-up after the six (6) free will be charged seventy-five dollars ($75.00) per pick-up. All were in favor.  five dollars ($75.00) per every pick-up after the initial six (6).  BRUSH PICK-UP POLICY: Town Manager Chase Winebarger stated that for the past few years, the Town has been able to dispose oft the brush locally for a monthly cost to the Town, but that facility has now closed, sO the Town is having to take the brush to the Caldwell County Landfill. The Caldwell County Landfill charging a tipping fee offifty dollars and one cent ($50.01) per ton. With the increase of cost for tipping fees, fuel and maintenance, the Town can no longer afford to pick-up brush larger than a standard pile for free. Town Manager Chase Winebarger stated that staffhave worked to come up with the following  changes:  Limb diameter should be no larger than three (3) inches in diameter (changing it from Iflarger then standard requirements, there will be a minimum charge of one hundred  four (4) inches in diameter) fifty dollars ($150.00) per load.  Clay Wilson made a motion, and Joe Wesson seconded, to adopt the following Brush Pick- 1. Due to the volume of requests, work orders for brush pickup are handled in the order that they are received. When possible, brush pickup will take place within three (3) business days of receipt of the work order. Ifnot possible to attend to within three (3) business  Up Policy:  days, brush will be collected as soon as possible.  2. Brush will only be collected ifit is left on the curb with all cut ends turned toward the 3. No brush from commercial tree trimming companies will be accepted or any brush) from 4. Limbs should be no larger than three (3)inchesi in diameter and the entire brush pile should be no longer than five (5) foot wide by five (5) foot tall by twelve (12) long. Tree trunks, logs, and stumps will not be collected and must be separated out from the brush to be  street. out oftown.  collected.  5. Ifbrush pile is larger than standard requirements there will be a minimum charge of one  hundred fifty dollars ($150.00) per trip. All fees must be paid in advance.    March 16, 2021 Page 6of8  All were in: favor.  PUBLIC COMMENT: Mayor Johnny Greene asked if anyone had any questions or  comments at this time. No one wished to speak. UPDATES:  FEBRUARY CODE ENFORCEMENT REPORT: Town Planner Dustin Millsaps stated  that there are four (4) code enforcement cases open:  Teresa Annas Compton, 4486 Sawmills School Road. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Dustin Millsaps stated he received a complaint on January 13, 2020. Town Planner Dustin Millsaps stated that a NOV letter was sent out on January 23, 2020 with a deadline of February 10, 2020. Town Planner Dustin Millsaps stated that the trailer is not finished and located on the same property as the Compton house that the Town abated in 2018. Town Planner Dustin Millsaps stated that staff will investigate and work with attorney for possible courses of abatement. Town Planner Dustin Millsaps stated that one (1) of Ms. Compton's sons is scheduled to meet with staff in late February to work towards getting the property in his name and get the property cleaned up. Town Planner Dustin Millsaps stated that staff has is waiting for Ms. Compton's son to schedule a time to come in and speak with staff regarding this property. Town Planner Dustin Millsaps stated that he went by the property on September 10, 2020 and the property is still in same condition with extremely high grass and would recommend demolition. Town Planner Dustin Millsaps stated that he has been in contact with Town Attorney Terry Taylor and former Town Planner to get all the evidence for this property. Town Planner Dustin Millsaps stated that on February 19, 2021, the title search process had been started with Town Attorney Terry Taylor. Town Planner Dustin Millsaps stated that on March 11, 2021, there were three (3) heirs found from the title search process and Denise Dotson/William, S Annas, II, 4095 Gatewood Dr. Abandoned Mobile Home/Minimum Housing. Town Planner Dustin Millsaps stated that a complaint was received on March 5, 2020, and a regular NOV letter and a certified NOV letter was sent on March 5, 2020, with a deadline of March 23, 2020. Town Planner Dustin Millsaps stated that the mobile home has been sprayed painted and has an apparent tenant, however, the water meter has been pulled from the property. Property was cleaned up. However, Mr. Annas informed Town Planner Dustin Millsaps that ai new tenant has moved in the mobile home. Town Planner Dustin Millsaps stated that a second NOV letter was sent on May 15, 2020 with a deadline of June 15, 2020 for additional garbage on property. Town Planner Dustin Millsaps stated that staff will  letters had been sent out to all three (3) heirs;    March 16, 2021 Page 7of8  investigate and work with Town Attorney for possible courses of abatement. Town Planner Dustin Millsaps stated that he went by the property on September 10, 2020 and all garbage has been picked up, however, the house has multiple windows smashed out which is now a minimum housing violation. Town Planner Dustin Millsaps stated that he spoke with property owner and hej plans on: removing the trailer onl November 5, 2020. Town Planner Dustin Millsaps stated that he spoke to William S Annas, II, the property owner, on November 5, 2020 and his plans are removing the mobile home. Town Planner Dustin Millsaps stated that he tried to get in touch with property owner William S Annas, II four (4) times from November 5, 2020 to November 19, 2020 before he would answer the phone for him again, and Town Planner Dustin Millsaps stated he informed property owner Williams S Annas, II that the Town would have to pursue moving the mobile home or fines would occur for him. Town Planner Dustin Millsaps stated that he talked to property owner William SAnnas, II on December 8, 2020 and was informed that the property owner had been in contact with an attorney about removal of the mobile home. Town Planner Dustin Millsaps stated that on January 7, 2021, he spoke with property owner William S Annas, II and the property owner stated that he had not worked with his attorney because his attorney had been quarantined multiple times. Town Planner Dustin Millsaps stated that on 2/7/21 he talked with property owner William S Annas, II, again and Mr. Annas stated that hei iss still talking tol his attorney about getting the issue Annie Newton/Mary Austin, 4438 Jess Dr. Rubbish. Town Planner Dustin Millsaps stated that a complaint was received on February 25, 2021. Town Planner Dustin Millsaps stated that there was trash seen piling up on the porch. Town Planner stated  handled;  al NOV letter was sent out and the issue was fixed immediately.  No Council action was required. COUNCIL COMMENTS:  Keith Warren wanted to thank everyone for coming out. Joe Wesson wanted to thank everyone for coming out.  CLOSED SESSION PURSUANT TO N.C.G.S. 143.318-11(A)0): Mayor Johnnie Clay Wilson made ai motion, and Joe Wesson seconded, to go into closed session pursuant to Rebecca Johnson made a motion, and Clay Wilson seconded, to come out of closed session  Greene asked for a motion to go into closed session.  N.C.G.S. S 143.318-11(a)03) at approximately 7:00pm. All were in favor.  at approximately 7:45pm. All were in favor.    March 16, 2021 Page 8 of8  VETERANS PARK PAVING: After coming out of closed session, Town Manager Chase Winebarger stated that the FY 2020/2021 budget the Town budgeted conservatively that the parking lot at Veterans Park can be completed during the FY 2020/2021 budget and not have Keith Warren made a motion, and Joe Wesson seconded, to start the Veterans Park parking  tov wait until FY 2021/2022.  lot project immediately. All were in favor.  COUNCIL ADJOURN: Mayor. Johnnie Greene asked for a motion to adjourn.  Clay Wilson made a motion, and Keith Warren seconded, to adjourn the meeting. All were  ini favor.  The meeting was adjourned at approximately 7:48pm.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk    APRILI 1,2021 MINUTES OF TOWN COUNCIL BUDGET WORKSHOP 5:00 P.M.  COUNCIL PRESENT Keith Warren Rebecca Johnson Melissa Curtis  STAFF PRESENT Chase Winebarger Karen Clontz Julie A Good  CALL TO ORDER: Mayor Pro Tem Keith Warren called the meeting to order at  approximately 5:09pm. ITEMS FOR DISCUSSION:  Town Manager Chase Winebarger discussed the budget needs for the Fiscal Year  2020/2021.  COUNCIL ADJOURN: Mayor Pro Tem Keith Warren asked for ai motion to adjourn. Keith Warren made a motion, and Rebecca Johnson seconded, to adjourn the meeting at  approximately 5:25pm. All were in favor.  Johnnie Greene, Mayor  Julie A Good, Town Clerk    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  April 20, 2021 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Mark Potter on winning the Recycle Rewards Program for the month of April. Mayor Johnnie Greene will present him with a Certificate of Appreciation. A thirty-two dollar ($32.00) credit will be added to the current sanitation bill.  Recommendation: No Council action is required.    MAYOR Johnnie Greene TOWN MANAGER Chase Winebarger TOWN PLANNER Dustin Millsaps  TOWN COUNCIL Keith Warren, Mayor Pro-Tem Clay Wilson Rebecca Johnson Melissa Curtis Joe Wesson  OFSADT  "CORPORATED  Town of Sawmills Council Meeting  April 20th, 2021 6:00 PM  PLANNER'S STAFF REPORT  Address: N/A PIN: 2766486954 Zoning: (RA-20) Background  Owner Name: William D. Fields & Shauna L. Leone Land Area: 1.20 acres approximately), in our jurisdiction  10.98 acres total  This property is right on the edge of the Town of Sawmills jurisdiction. The total of 10.98 acres with the majority of the land (9.78 acres) being located in the Town of Hudson. While the approximate land in the Town of Sawmills being 1.20 acres. The part being in Sawmills The reason for this rezoning is because the owners of the parcel want to purpose the smaller piece ofland in Sawmills limits for a greenhouse. Greenhouses are only permitted by right in the General Manufacturing District (G-M). The two properties across the street are already  already zoned Residential Agriculture District (RA-20).  listed as G-M, so it would not stick out. Land Use and Zoning Surrounding Zoning: North: Town ofHudson (R-20) South: G-M East: RA-20 West: G-M  This properties current land use is vacant with no primary structure or use.  Surrounding Land Use:  North: Single Family Residential/Vacant Land    South: General Manufacturing East: Single Family Residential West: General Manufacturing Slarecommendation  Staff recommends that the Town of Sawmills Council consider rezoning this parcel to G-M from RA-20 following the public hearing related to this parcel. This will grow the  commercial industry within Sawmills.  Planning Board issues with this rezoning.  Town of Catawba Planning Board met on this issue on March 2nd, 2021. They recommended the rezoning procedure shall proceed forward to Town Council. Planning Board raised no  Consistency with the Comprehensive Plan:  This rezoning aligns perfectly with our 2040 Sawmills Comprehensive Plan (est. 2017). On page 64 of the document it has a "Future Land-Use Map." This map clearly shows that this property is one of many on the east side of 321 A, that was proposed to be rezoned to industrial use. General Manufacturing (G-M) which is the proposed rezoning district, falls  right along in that category with industrial uses.  4076 US Highway 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax  psgibmisce  The Town ofSawmills does not discriminate ont theb basis ofage, sex, race, religion, national origin, disability, political affiliation, ori maritals status.    Western Piedmont Council of Governments Creative Regional Solutions Since 1968  1880 Second Avenue NWI Hickory, NC 28601 POI Box 9026]Hickory, NC 28603 828.322.9191 Fax: 325PAwpgEeR  160D Legislative Updates Zoning and Subdivision Ordinance  The new Chapter 160D oft the North Carolina General Statutes consolidates current city- and county-enabling statutes for development regulations (previously Chapters 153A and 160A)i into asingle, unified chapter. Chapter 160D places these statutes into a more logical, coherent organization. While the new law does not make major policy changes or shifts in the scope of authority granted to the Town of Sawmills, it does provide many clarifying amendments and consensus reforms that were required to bei incorporated into the town's development regulations. As such, Chapter 160D requires that the town's zoning, subdivision, and other Additionally as a result of Chapter 160D, cities and counties that have zoning ordinances must have an up-to-date comprehensive plan or land use plan by. July 1, 2022. This is not something that is written in the ordinance, but a procedure that the town will need to follow to support Chapter 160D is effective now, but the state granted local governments tol have until July 1, 2021 for the development, consideration, and adoption ofnecessary amendments to conform local ordinances to this new law. The Town of Sawmills contracted with Western Piedmont Council of Governments (WPCOG) to update the town's current zoning and subdivision development regulations to conform with the requirements of Chapter 160D. During this process WPCOG staff presented the required and optional changes to the Planning Board and updated the ordinance according to the Planning Board's response. All required changes and updates to optional changes (which were already adopted by the zoning and subdivision ordinance) have been made. The optional changes that were made and not previous adopted in the existing 1) Zoning Ordinance, $153.005 Definitions - Update to existing or addition of new definition for administrative decision, determination, developer, development, development approval, development regulation, dwelling, evidentiary hearing, legislative 2) Zoning Ordinance, $153.212 Powers and Duties oft the Board of Adjustment- Allowing for minor modification to approved special use permits by administrative approval. During the Planning Board meeting on March 2nd, 2021 the Planning Board voted to recommend the Chapter 160D changes to the zoning and subdivision ordinance to Council for approval.  development regulations be updated to conform to the new law.  development decisions.  ordinances include the following:  decision, and legislative hearing.  Below is a list of all changes that were made to the ordinances:  Executive Committee: Bob Floyd, Jr. Chair JiIlF Patton, Vice Chairl Johnny Berry, Secretaryl George B. Holleman, Treasurerl Barbara Pennell, Past Chairl At-Large Members: Wayne FA Abele, Sr.l Kitty) W. Barnes] John F. "Chip" Black, Jr. Josephl L Gibbons Executivel Director, Anthony W. Starr Serving: Alexander Countyl Taylorsville Burke County Connelly Springs! Drexel! Glen Alpinel Hildebran Morganton Rutherford College Valdese Caldwell Countyl Cajah's Mountain] Cedar Rock Gamewell] Granite Falls Hudson] Lenoir Rhodhiss Sawmills Catawba CountylE Brookfordl  Catawbal Claremont Conoverl Hickory/Longy View] Maiden! Newton    AGENDA ITEM 10A  MEMO DATE: SUBJECT:  April 20, 2021 Financial Matters: Capital Outlay Budget Amendment  Discussion:  During the regularly scheduled closed session Council meeting on March 16, 2021, Town Council advised stafft to move: ahead with the purchase of acreage at 4077 Baird Drive, Hudson, North Carolina, for the amount of six hundred twenty-five thousand dollars (5625,000.00). This amount will need tol be moved from the General Fund into the Capital Outlay Fund.  Recommendation:  Staff recommends Council approve a budget amendment in the amount of six hundred twenty- five thousand dollars ($625,000.00) from the General Fund into the Capital Outlay Fund for the  purchase ofacreage at 4077 Baird Drive, Hudson, North Carolina.    Agenda Item 10A  BUDGET AMENDMENT ORDINANCE TOWNO OFS SAWMILLS General Fund  BE IT ORDAINED, by the Town Council ofthe Town of Sawmills, Caldwell County, North Carolina, that the following amendment to the Budget Ordinance for the fiscal year 2020-2 2021 bel hereby  adopted.  NOW, THEREFORE, BE IT RESOLVED, that the following amendment for the fiscal year be  made to the budget for the fiscal year ended June 30,2021.  Department/Budget General Fund-Revenue Admimstaton-spendiure  Account Number 1-00-3990 1-20-4151  Account Appropriated Fund Balance Capital Outlay  Debit $625,000  Credit $625,000  Explanation: For the purchase of acreage at 4077 Baird Drive, Hudson, NC. This Amendment now adopted this the 20th day of April 2020.  Mayor, Town of Sawmills  APPROVED BY:  Finance Officer, Town of Sawmills  ATTEST: Town Clerk  APPROVED TO: FORM:  Town Attorney    AGENDA ITEM 10A  MEMO DATE: SUBJECT:  April 20, 2021 Financial Matters: Property Contract Approval  Discussion:  During the regularly scheduled closed session Council meeting on March 16, 2021, Town Council advised stafft to move ahead with the purchase of acreage at 4077 Baird Drive, Hudson, North Carolina, for the amount of six hundred twenty-five thousand dollars ($625,000.00). The  attached contract has been reviewed by and signed by the seller.  Recommendation: ($625,000.00).  Staff recommends Council approve the property contract for the purchase of acreage at 4077 Baird Drive, Hudson, North Carolina, in the amount of six hundred twenty-five thousand dollars    AGREEMENT FORI PURCHASE. AND SALE OFI REALI PROPERTY  THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between' TOWN OF SAWMILLS,a FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE Section 1.Terms and Definitions: Thet terms listed below shall have the respective meaning given them as set forth adjaçent to each  North Carolinal Municipal Corporation ("Buyer") andl DALLASI R. WILCOX, SR., a Single) Man ("Seller").  PARTIESI HERETO. AGREE ASI FOLLOWS:  term.  (a) "Property) Description": (Address/Legal description/Parcel IDI No.)  4077) Baird Dr., Hudson, NC  PIN: 2766-67-9139, 2766-77-7436 & 2766-77-1835  Plat Reference: Deed Book 1771, Page 475 Book 1875, Page 1724 & Book 1839, Page 1526, Caldwell County Registry. E If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated  herewith byr reference,  $625,000.00 (b) "Purchase Price" shalli mean the sum of Six) Hundred Twenty Five Thousand no/1001 Dollars.  payable on thej following terms: or terms as follows:  $5,000.00  ()"Earnest Money" shall mean. Five Thousand no/100 Dollars.  Upon this Agreement becoming a contract in accordançe with Section 14, thel Earnest Moneys shall be made payable to Terry M. Taylor Trust Account and promptly deposited in escrow with Terry M. Taylor, Esquire, Young, Morphis, Bach & Taylor, LLP (name of person/entity with whom deposited), to be applied as part payment oft the Purchase Price oft the Property at Closing, or disbursed as agreed upon under 0 ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLAÇED! IN. ANI INTEREST: BEARING TRUST. ACCOUNT, AND: (check only ONE box)  ANY INTEREST EARNED THEREON SHALLI BE APPLIED AS PARTI PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE) PROVISIONS OF SECTION 10 HEREIN. (Buyer'sTaxpayer. Identification Number D ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT  thej provisions of Section 101 herein.  is:,  AND RECORDS ASSOCIATED THEREWITH. ()! Proceeds ofa a new loan in the amount of  $N/A_  Dollars for a term of % of the loan  years, with an amortization period not to exceed.  years, at an interest rate not to exceed  % per annum with mortgage loan discount points not to exceed  amount, or such other terms as may be set forth on Exhibit B if applicable. Buyer shall pay all costs (ii) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of  associated with anys such loan.  $N/A_  Dollars  Page1 10 of8    BhWa  Buyer. nitms-G7 Seller. Inifials NCI Bar Association: Form No.: 580T 01 1/2012 (TMT:263712.1) Printed by Agreement witht thel NCI Bar Association  This standard form! has been jointly approvedb by: North Carolinal Bar Association- NCI Barl Form No. 580T North Carolina Association of Realtors, Inc. - Standard Form 580T  263712.1    being payable over at term of  years, with an amortization period of years, payable in monthly  installments of principal, together with accrued interest on the outstanding principal balance at the rate witht the first principal payment beginning on the first day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibitl B. At any time, the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of thel Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. If such senior financing is subsequently foreclosed, the (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, such under this Agreement are conditioned upon Buyer being able to assume the existing loan described above. If such assumption requires the lender's approval, Buyer agrees to use its best efforts to secure such approval and to advise Seller immediately upon receipt of the lender's decision. Approval must be granted this Agreement for failure to be able to assume the loan described above by delivering to Seller written notice of termination by the above date, time being of the essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded tol Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived the loan condition. Unless provided otherwise in Section 3 hereof, Buyer shall pay all fees and costs associated with any such assumption, including any assumption fee charged by the lender. At or before Closing, Seller shall assign tol Buyer alli interest ofSeller in any current reserves or escrows held by the lender, any property management company and/or Seller, including but not limited to any tenant improvement: reserves, leasing commission reserves, security deposits and operating or capitalt reserves for which Sellers shall be credited said amounts at Closing (v)! Cash, balance of) Purchase Price, at Closing in the amount of Six Hundred Twenty Thousand and  of  perçent  %) per annum in the amount of$_  Seller may have no remedy to recover under the note.) obligation having an outstanding principal balance of$ and evidenced by a note bearing interest at the rate of per annum, anda a current payment amount ofs_  SN/A_  perçent C The obligations of Buyer  %)  on or before  On or before this date, Buyer has the right to terminate  $620,000.00  no/1001 Dollars.  (c) "Closing" shall mean the date and time ofr recording of the deed. Closing shall occur on or before sixty (60) days  following the Contract. Date.  (d) "Contract Date" means the date this Agreement has! been fully executed by both Buyer and Seller.  (€) "Examination Period" shall mean the period beginning on the Contract Date and extending through the thirtieth day following the Contract Date. TIME ISOFTHE ESSENCE, ASTO THE EXAMIMATIONPERIOA  (f)  "Brokerfs)" shall mean: N/A ("Listing Agency"), Acting as: a Seller's Agent; and N/A ("Selling Agency"), Acting as: a Buyer's Agent;  ("Listing Agent" -I License #  Dual Agent  ("Selling Agent"-) License #_  Seller's( (Sub)Agent;  Dual Agent  Page2 of8  Buyer Initials TG Seller Initials RRW NC Bar Association: Form No. 580T o1 1/2012 Printedb by Agreement with thel NC Bar Association  This standard form! has been jointly approved by: North Carolinal Bar Association- -NCI Bar Form No. 580T North Carolina Association of Realtors@, Inc. Standard Form 580T    (g) All aspects oft this Contract, past, present and future, shall bel heidi in strict confidence by both Buyer and Seller.  (h) "Seller'sNotice Address" shalll be as follows:  Dallas R. Wilcox, Sr. 2591 Timberwood Dr. Lenoir, NC28645  except as same may be changed pursuant to Section 12. () "Buyer'sNotice Address" shall be as follows:  Town of Sawmills 40761 US Hwy. 321A Sawmills, NC: 28630  except as same may be changed pursuant to Section 12. draft conditions or contingencies to this Agreement.)  D G) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy thel Property for the Section 3.1 Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation ofa deed and all other documents necessary to perform Seller's obligations under this Agreement, excise tax (revenue stamps), any deferred or roliback taxes, and other conveyance fees or taxes  incorporated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to  Purchasel Price.  required byl law, andt the following:  Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations  undertaken by Buyer under this Agreement and the following: Eachj party shall pay its own: attorney's fees.  Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date copies of all information relating to the Property in possession of or available to Seller, including but not limited to: title insurance policies, surveys and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attomeys; and (2) thel Property's titlei insurer or its agent to release and disclose all materials int thel Property's titlei insurer's (or titlei insurer's agent's) filet tol Buyer and! both Buyer's and Seller's agents and attorneys. IfBuyer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all materials delivered by Seller to Buyer pursuant to this Section 4 (or Section 7, ifapplicable), ifa any, and shall, upon: Seller'srequest, providet to Seller copies of( (subject to the ownership and copyright interests oft the preparer thereof) any and all studies, reports, surveys and other information: relating directly tot thel Property prepared by or at the request ofBuyer, its employees and agents, ands shall deliver to Seller, upon the release ofthel Earnest Money, copies ofallo oft thef foregoing without any warranty or representation' by) Buyer ast to the contents, accuracy or correctness thereof. Section 5. Evidence ofTitle: Seller agrees to convey fee simple marketable and insurable title to the Property free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (if applicable) and (c) matters ofrecord existing at the Contract. Date that are not objected tol by Buyer prior tot the end of thel Examination Period ("Permitted Exceptions-"); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment ofa a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written  Page 30 of8  Buyer Initials I G Seller Initials DRW NC) Bar Association Form) No. 580T 01 1/2012 Printed by Agreement with the NCI Bar Association  This standard form has been jointly approvedby: North Carolina! Bar Association- - NCI Bar Form! No. 580T North Carolina Association of Realtors@, Inc. Standard1 Form 580T    consent of] Buyer, which consent shall not be unreasonably withheld, conditioned or delayed.  Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly (a) New Loan: Thel Buyer must be: ablet to obtain the loan, ifany, referencedi in Section 1(b)(it). Buyer must be able to obtain af firm commitment: for this loan on or before N/A, effective through the date ofClosing. Buyer agrees to use its best efforts to secure such commitment andt to advise Seller immediately upon receipt of1 lender's decision. On or before the above date, Buyer has the right to terminate this Agreement for failure to obtain the loan referenced in Section 1(b)(ir) by delivering to Seller written notice of termination by the above date, time being of the essence. If1 Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded tol Buyer. If Buyer fails to deliver such notice, then) Buyer will be deemed tol have waived the loan condition. Notwithstanding the foregoing, after the above date, Seller may request in writing from Buyer a copy of the commitment letter. If Buyer fails toj provide Seller a copy oft the commitment letter within five (5) days of receipt of Seller's request, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the (b) Oualification forl Financing: IfBuyer is to assume any indebtedness in connection with payment of thel Purchase Price, Buyer agrees to use its best efforts to qualify for the assumption. Should Buyer fail to qualify, Buyer shall notify Seller in writing immediately upon lender's decision, whereupon this Agreement shallt terminate, and Buyer shall receive ar return of) Earnest Money. (c) Title Examination: After the Contract Date, Buyer shall, atl Buyer's expense, cause a title examination" tol be made oft the Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title is not fee simple marketable and insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and exceptions, in no case. later than the end oft thel Examination: Period, and Seller shall have thirty (30) days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may terminate this Agreement and receive ar retum of] Earnest Money (notwithstanding that thel Examination Period may have expired). IfBuyeri ist to purchase title insurance, thei insuring company must be licensed to dol business in the state in which thel Property is located. Title tot the (d) Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer, reasonable wear and tear excepted, then the Buyer may () terminate this Agreement and receive a return of the Earnest Money or (ii) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds (e) Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, performing soil boring and other testing, conducting timber cruises, and surveying the Property. Buyer shall conduct all such on-site inspections, examinations, soil boring and other testing, timber cruises and surveying oft the) Property in a good and workmanlike: manner, shall repair any damage to the Property caused by Buyer's entry and on-site inspections and shall conduct same: in a manner that does not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on- site inspections outside of the hours any tenant's business is open to the public and shall give prior notice to any tenants of any entry onto any tenant's portion of the Property for the purpose of conducting inspections. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as confidential, to any person, except toi its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts ofi itself, its agents or representatives in exercising its rights under this Section 6(e) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Buyer shall, at Buyer's expense, promptly repair any damage to the Property caused by Buyer's entry and on-site inspections. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through the end oft the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, ANDI BUYER SHALLI RECEIVE. Al RETURN OF THE EARNESTI MONEY.  conditioned upon fulfillment (or waiver by) Buyer, whether explicit or implied) oft the following conditions:  commitment Ietter, andl Buyer shall receive a return ofEarnest Money.  Property must bei insurable at regular rates, subject only to standard exceptions and Permitted Exceptions.  payable on account of the damage or destruction applicable tot the Property.  Page 4 of8  Buyer Initials 1 G Seller Initials DRW: NCI Bar Association Form) No. 580T 01/2012 Printedb by Agreement witht thel NCI Bar Associalion  This standard form! has beenj jointlya approved by: North Carolinal Bar Association- -NCI Bar Form! No. 580T North Carolina Association ofRealtorse, Inc. Standard Form 580T    Section 7.1 Leases (Check one ofthe following, as applicable):  RX If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) D Ifthis boxi is checked, Seller discloses that there are one or morel leases affecting thel Property (oral or written, recorded or  affecting the Property.  not- -"Leases")a andt the following provisions are hereby made aj parto of this Agreement.  (a) AllLeases shall be itemized onl Exhibit B,i ifany;  (b) Seller shall deliver copies of any Leases tol Buyer pursuant to Section 4 asi ift thel Leases were listed therein; (c) Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which, with the passage of time, or the giving ofnotice, or both, or att the election ofeither landlord or tenant could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description oft the situation in accordance with Section 4. Seller agrees not to commit al Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease (d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of thep parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease tol Buyer inf form and content acceptable to Buyer (with tenant's written consent and acknowledgement, ifrequired under the Lease), and Seller agrees to use its best efforts to effect such assignment. Any assignment required under this Section' 7 shall be required tol be delivered (e) Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases tol be transferred or credited tol Buyer at or before Closing. Seller aiso agrees to execute and deliver (and work diligently to obtain any tenant signatures necessary for same) any estoppel certificates and subordination, nondisturbance and attornment Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on thel Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes listed in the United States Department ofTransportation! Hazardous Materials Table (49 CFR Part 172.101)or by the Environmental Protection. Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is () petroleum, (i) asbestos, (in) polychlorinated biphenyls, (iv) designated as al Hazardous Substance pursuant to Section 311 oft the Clean Water Act of 1977 (33 U.S.C. $1321) or listed pursuant to Section 307 oft the Clean Water Act of1 1977 (33 U.S.C. $1317),() defined as a hazardous waste pursuant to Section 1004 oft the Resource Conservation and Recovery Act of 1976 (42 U.S.C. $6903) or (vi) defined as a hazardous substance pursuant to Section 101 oft the Comprehensive Environmental Response, Compensation and Liability Act of1980 (42 U.S.C. $9601). Seller! has no actual knowledge of any contamination of the Property from such substances as Section 9. Risk of Los/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shalll bel borne by Seller. Except as to maintaining the Property ini its same condition, Seller shall have no responsibility for the Section 10. Earnest Money Disbursement: In the event that any oft the conditions hereto are not: satisfied, or in the event] Buyer does not determine the property to be suitable for any reason whatsoever during the Examination Period, the initial earnest money deposit will be returned by Buyer, or in the event ofal breach oft this Agreement by Seller, then thel Earnest Money shall be returned to) Buyer, but such retum shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event ofa dispute between Seller and Buyer over the return ori forfeiture of] Earnest Money held in escrow by a licensed real estate broker, the broker is required by state law to retain said Earnest Money in its trust or escrow account until itl has obtained a written release from thej parties consenting to its disposition or until disbursement is ordered byac court ofcompetent jurisdiction, or alternatively, thej party holding thel Earnest Money may deposit the disputed monies with the appropriate  Default arises ori is claimed, asserted or threatened tol be asserted by either Seller or a tenant under thel Lease.  at or before Closing by Seller in addition tot those deliveries required under Section 11 of this Agreement.  agreements in such form asl Buyer may reasonably request.  may havel been disposed of or stored onI neighboring tracts.  repair oft the Property, including any improvements, unless the parties] hereto agree in writing.  clerk of court in accordance with thej provisions ofN.C.G.S. $93A-12.  Page 5of8  Buyer Initials T6 Seller Initials pRR NC) Bar Association Forml No 580T 01/2012 Printed by Agreement with thel NCI Bar Association  This standard form has beenj jointly approved by: North Carolinal Bar Association- NCI Bar Form No. 580T North Carolina Association ofF Realtorse, Inc. Standard Form 580T    Section 11. Closing: At or before Closing, Seller shall deliver tol Buyer a general warranty deed unless otherwise specified onl Exhibit B and other documents customarily executed or delivered by a seller ins similar transactions, including without) limitation, al bill ofs sale for any personalty listed on Exhibit A, an owner's affidavit, lien waiver forms and a non-foreign status affidavit (pursuant to the Foreign Investment in) Reall Property Tax Act), and) Buyer shall pay to Seller the Purchase Price.. At Closing, the Earnest) Money shall be applied as part of the Purchase Price. The Closing shall be conducted by Buyer's attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. Thel Purchase Price and other funds tol be disbursed pursuant tot this Agreement shall not! be disbursed until Closing hast taken place. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing and shall be deemed tol have been properly given and received on the date delivered inj person or deposited int the United States mail, registered or certified, return receipt requested, to the addresses set out in Section 1(g) as to Seller andi in Section 1(h) as to Buyer, or at such other addresses as specified by written Section 13. Entire Agreement: This Agreement constitutes the sole and entire agreement among the parties hereto and no Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that the notice described in Section 12 is not required for effective communication for the purposes oft this Section 14. This Agreement shalll be binding upon andi inure to the benefit ofthe parties, their  notice delivered in accordance herewith.  modification ofthis Agreement shall be binding unless in writing and signed by allj parties hereto.  heirs, successors and assigns and their personal representatives. Section 15. Adverse. Information and Compliance with) Laws:  (a) Seller Knowledge: Seller has no actual knowledge of @) condemnation(s) affecting or contemplated with respect to the Property; (ii) actions, suits or proceedings pending or threatened against the Property; (i) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows (Insert "None", or the identification ofany matters relating to () through (iv) above, ifany): Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by a governing body. Seller shall pay all owners' association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take (b) Compliance: To Seller's actual knowledge, () Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (ir) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is aj party or by which Seller or thel Property is bound; and (ii) there are no legal actions, suits or otherl legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, andt take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer tol Buyer the Property described herein in Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided onl Exhibit B, ifapplicable. Section 19. Tax-Deferred Exchange: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the  None.  titles subject to all pending assessments disclosed by Seller herein, ifany. Seller represents that the regular owners' association dues, ifa any, ares N/A  any such action, suit or other proceeding.  accordance with this Agreement.  form has only been approved for use in) North Carolina.  Page 6of8  Buyer Initials TG Seller! Injtials MRW NCI Bar Association! Forml No. 580T91/2012 Printedb by Agreement with the! NCI Bar Association  This standard form has beenj jointly approved by: North Carolina Bar Association- -NCI Barl Form! No.: 580T North Carolina Association ofRealtorse, Inc. Standard Form 580T    conveyance of thel Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non-exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional Section 20. Memorandum of Contract: Upon request by either party, thep parties hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof (other than thel Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum of contracts shall contain as statement thati ita automatically terminates and the Property is released from any effect thereby as ofas specific date tol bes stated in the memorandum (which specific date shall be nol later than the date ofClosing). Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf oft the Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree toi indemnify and) hold each other harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions arising out of the sale of thel Property to) Buyer. Buyer and Seller represent and warrant to each other that: () except as to the Brokers designated under Section 1() oft this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and () that the compensation of the Brokers is established by and shall be governed by separate EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller makes no representations or warranties regarding such system and] Buyer is advised to make its own independent determinations THE NORTH CAROLINA ASSOCIATION OF REALTORSB, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORMI IN ANY SPECIFIC TRANSACTION. IF YOUI DOI NOT UNDERSTAND THIS FORM OR) FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL: NEEDS, YOU SHOULD CONSULT. A NORTH CAROLINA REAL: ESTATE ATTORNEY BEFORE YOU  documents, at no cost tot thei non-exchanging: party, as shall be required to give effectt to this provision.  The cost ofr recording such memorandum of contract shalll bel bome byt thej party requesting execution ofsame.  party for whom he or she signs and that his orl her signature binds such party.  agreements entered into as amongst the Brokers, thel Buyer and/or the Seller.  with respect to conditions related to or occasioned byt the existence ofsuch materials at the Property.  SIGNIT.  Page 7of8  Buyer Initials T6 Seller Initials ORW NC Bar Association! Forml No. 580T 01 1/2012 Printed by Agreement with thel NCI Bar Association  This standard form has beenj jointly approved by: North Carolinal Bar Association- -1 NCI Bar Form) No. 580T 580T North Carolina Association ofF Realtors@, Inc. Standard Form    BUYER: Business Entity TOWN OFS SAWMILLS sebuaho unu Mayor Date: 3-51-24  SELLER: Individual Dallas R. Wilcox, Sr. Date:  MARk.  3-26-21  The undersigned hereby acknowledges receipt of thel Earnest Money set forthl herein and agrees tol hold said Earnest Money in  accordance with the terms hereof.  Terry M. Taylor, Attorney for Young, Morphis, Bach & Taylor, LLP  Date:  By:  Terry M. Taylor  3laslar savipclort Control Act  Thisi instrument has been preauditedi int the manner required by the! Local Govemment Budget and Fiscal  Page 8 of8  Buyer Initials TG. Seller Initials DRW NC Bar Association Form No. 580T 01/2012 Printed by Agreement witht thel NCI Bar Association  This standardf form has beenj jointly approved by: North Carolinal Bar Association- NCI BarF Form No. 580T North Carolina Association ofRealtors(, Inc. Standard Form! 580T    barios lio 532073:948-u03:  Pi 008368490004. 06/30/2011 at Tvpe: 12:08:20 CRP PM Fee Art: $5453.00 Pace 1of4 Revenye Vorkrlow" Tax: 0000031948-0001 $615.00 Caldvell WAYNE L RASH Countv.NC Register of Deede 1771-475-478  EXCISE TAX:$515.00 Mail after recordingt to GRANTEE:  BriefDescription fort thei index  Thisi instrument wasp prepared! by GROOME, TUTTLE, PIKERE BLAIR  NORTH CAROLINA GENERAL WARRANTY: DEED  THISI DEED made June 30, 2011, by and between  GRANTOR  GRANTEE  Alexander S. Holden, Executor oft the Estate ofToye Dallas Ray Wilcox, Sr.  S. Holden, Filel No. 07-E-438 and Alexander S. Holden,' Trustee undert the Will of Toye S. Holden, Filel No. 07-E-438  Address: PO Box 687 Hudson, NC2 28638  Thec designation Grantor and Granteea as used hereins shalli includes saidp parties, their heirs, successors, and assigns, ands shall WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantec, the receipt of which is hereby acknowledged, has and byt these presents does grant, bargain, sell and convey untot the Granteei inf fees simple, allt thato certain lot or parcel ofl lands situatedi inl Hudson' Township, Caldwell County, North Carolina and more particularly described as  include singular,) plural, masculine, feminine orr neuter as required by context.  follows:  See Attached Exhibit"A" which is incorporated by reference asi iffully set out herein.  All or aj portion of the property herein conveyed does not include the primary residence oft the  Grantor.  4ag:  51500  Book: 1771 Page: 475 Page1of4    Thep property hereinabove described was acquired by Grantor by instrument recordedi in Book ,Page Ar maps showingt thea above described property isr recordedi in Book ,Page TOI HAVE ANDI TOHOLD1 the aforesaid loto orp parçei ofl land: and allp privilegesa and appurtenances thereto Andt the Grantor covenants with the Grantee, that Grantor iss seized oft the premises inf fees simple, has the rightt toc conveyt thes samei inf fce simple, that titleist marketable: and frec and clear ofa all encumbrances, and that Grantor willy warrant and defendt thet titlea againstt thel lawfulo claimsofallp persons whomsoever exceptf for Title tot thep property hereinabove describedi iss subjectt tot the following exceptions: INV WITNESS WHEREOF, the Grantor has! hereunto seth his hand ands seal, ori if corporate, has caused chis instrument tob bes signedi ini its corporater name! by itsd dulya authorizedo officersa andi itss seal! tob bel hercunto affixedby authority ofit its Board ofDirectors,! the day andy year first above written. Alexander S.I Holden, Executor ofthe Estate ofToye S. Holden hIlh Alexander S. Holden, Executor  belonging to the Granteei inf fee simple. the exceptions hereinafter stated.  Alexander S.I Holden, Trustee Undert the Willof Toyes. Holden MApkSlhlh Alexander S. Holden," Trustee  (SEAL)  (SEAL)  NORTH CAROLINA, CALDWELL COUNTY  Icertify thatt thef following) person(s) personallya appeared! before met this day, and (IH have personal knowledge oft thei identity of the principal(s))Ih haves seens satisfactory evidence oft the principal'si identity,bya currents state orf federali identification with! the principal's photographi in the form ofa DRIv-oR's Licenses) J(a credible witness has sworn to the identity of the principal's); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacityi indicated:. Alexander S. Holden, Executor oft thel Estate of Toye S. Holden, Granotr. Date. Pgalou ginakmdayew  L Y HOTARY yauo ELL COUN  Official Signatire of! Notary Notary's printed or typed name, Notary Public  Sharon L. Taylor  My commission expires:. 3laslaoi3  NORTHCAROLINA, CALDWELL COUNTY  Icertify thatt thef following person(s) personally appeared before met this day, and (Ihave personal knowledge oft thei identityo of they principal(s)) (II haves seen satisfactorye evidence ofthep principa'sidentity,! byacurrents state pr federal identification with thet principal's photograph ini the form ofa DRivers License )(ac credible witness has sworn to the identity of the principal's); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Alexander S. Holden,' Trustee Under the Will ofToye S. Holden, Grantor.  Date: lplapaai AON. L BAA NOTARY) oeasatb  LL COUNT  anarmo cay Official Signature of Notary Sharon L.Taylor Notary's printedort typed name, Notary Public My commission expires: S. Hdden Evator  3laalaois  Book: 1771 Page: 475 Page 2of4    EXHIBIT"A"  CALDWELLCOUNTY HUDSONTOWNSHIP  BEGINNING on a' %i inche existing iron rod, saidi iron rod1 beingt thel Northwest comer oft that properly belonging tol Robert] J. Stevens, IV, (Deed Book 1561, at Page 293), and also being the Westernmost corner of thel Holden) property describedi inl Book 1570, at Page 307, Caldwell County Registry, Parcel 2, said %i inch existing iron rod being located near thel Eastern terminus ofa15i inchr reinforced concrete pipe under US 321-A;t thence witht thel line of) Robert. J. Stevens, North 80 degrees 441 minutes 41 seconds East 249.90 feet to a' %i inche existing iron rod; thence continuing with Stevens' line, South 03 degrees 33 minutes 17 seconds West 99.98 feet toa a' inch existing iron rod, which rod is located att the common comer ofHolden (Deed Book 1570, at Page 307,Parcel 1), Stevens (Book 1561, at Page 293), and Comett Mobilel Home Supply, Inc. (Book 1108, atl Page 891); thence witht thel line of Corett! Mobile Home Supply, Inc., North 80 degrees 361 minutes 05 seconds East 37.55 feett toal 1-1/4 inche existing iron pipe; thence continuing with Comett Mobile Home Supply, Inc., South 28 degrees 241 minutes 15 seconds East 330.58 feet to a 1-1/4i inch existingi iron pipe at the Northern edge ofa an existing 30 foot right-of-way; thence with thei right-of-way! North 78 degrees 101 minutes 00 seconds East 42.73 feett toa a' %i inchi ironp pipe, a comer withl Michael T.I Mull (Deed Book 759, at) Page 828); thence with Mull for two calls: North 74 degrees 14 minutes 45 seconds East 202.55 feet to a' %i inch iron pipe, and South 13 degrees 25 minutes 15 seconds Fast 229.52: feet toa al 1-1/4i inch existing iron pipe, ac comer with) Floyd Annas (Deed Book 245, at Page 376); thence with. Annas'sl line South 13 degrees 49 minutes 15 seconds East 96.431 feet toali inche existingi iron pipe, the Westem comer ofl Lot No. 6,1 Block) E, oft the O.L. Phillips property, as showni inl Plat Book 2, at Page 153;t thence with the line ofLot! No. 6, South 59 degrees 221 minutes 51 seconds East 491.21 feett to aj point ont thel Northwest: side of Ardmore Street; thence crossing Ardmore Street, due East 331 feet, more orl less, toal %i inchi iron pipe, the Westernmost comer ofLot! No. 1,Block D, ofthe O.L. Phillips property, Plat Book 2, at Page 153;t thence with thel line of Block D,I Lots1 1,2, 3 and4 4, South 85 degrees 151 minutes 22s seconds East 135.401 feet to ane existing iron pipe,a corner ofLot! Na. 4, Blockl D; thence witht the line ofLot No. 4, Block D, North 04 degrees 25 minutes 26s seconds East 176.54 feett to a 3/4 inchi iron pipei int the line ofLot! No. 15, BlockI D, Plat Book 2, atl Page 153; thence with the line ofLot! No. 15, South 84 degrees 48 minutes 18 seconds East passing a %i inchi iron pipe: at 99.621 feet, the common corner ofLot) Nos. Bands 9, Blockl D, Plat Book 2, atl Page 153, and! Lot! No. 15,1 Block D, Plat Book2, at Page 153, and continuing 140.10 feet, forat total distance along this bearing of239.72 feet to aj point on the Western curb ofBaird Drive (SR 1215); thence with thec curb of BairdI Drive, North 04 degrees 45 minutes 48 seconds East 276.061 feet tos aj point on the curb; thence leaving the curb South 82 degrees 581 minutes 17 seconds East 15.001 feett to and existingi iron pipe in the centerline ofl Baird Drive; thence witht the centerline ofBaird Drive asf follows: North 13 degrees 31 minutes 06 seconds East 76.22 feett to aj point; thencel North 17 degrees 171 minutes 57: seconds East: 35.41 feet to ap point; thence North 22 degrees 461 minutes 0I seconds East 37.39 feet to ap point; thence North: 29 degrees 591 minutes 53 secondsl East 52.54 feett to a point; thencel North 35 degrees 08 minutes 34 seconds] East 57.401 feet to aj point; thencel North 40 degrees 561 minutes 34 seconds East 65.75 feett toa a point; thencel North 41 degrees 341 minutes 18 seconds East 127.34 feet toa point; thencel North3 38 degrees 48 minutes 29 seconds East 47.061 feett to a point; thencel North 35 degrees 05 minutes 10s seconds East 56.57 feett tos aj point; thencel North 30 degrees 521 minutes 05 seconds East 69.97 feet to aj point; thence) North 27 degrees 421 minutes 37 seconds East 44.41 feett toa ap point; thence) North 25 degrees 23 minutes 52 seconds East 53.87 feett to a point; thence North 26 degrees 131 minutes 13 seconds East 56.071 feett to al MAGI nail; thence South 63 degrees 08 minutes 26 seconds East 16.04 feet toa aMAG nail; thence. North 04 degrees 321 minutes 14 seconds East 16.01 feett to al MAGI nail; thence continuing North 04 degrees 321 minutes 14 seconds East 73.74 feet to ai ironj pipe; thence North 04 degrees 08 minutes 56 seconds West 136.561 feet tos a' %i inchi iron rod, thel Northernmost comer ofJ Joseph E.1 Norman (Deed Book 1559, atl Page 308); thence with Norman's! line South 87 degrees 48 minutes 05 seconds East 220.1 18f feet toat %i inchi iron rod, a comer with Ben Griffinl Realty and Auction (Deed Book 1695, at Page 413); thence with] Ben Griffin Realty and. Auction, South 87 degrees 48 minutes 05 seconds East 67.05 feet to a %i inchi iron rod; thence South 87 degrees 48 minutes 05 seconds East 10.00f feet to ap pointi in al branch; thence with the centerline of the branch as follows: North 32 degrees 50r minutes 20 seconds West 13.02 feett toz apoint; thencel North 12 degrees 13 minutes 51 seconds' West 16.961 feet to a point; thence) North 06 degrees 03 minutes 25 seconds  Book: 1771 Page: 475 Page3of4    West 51.971 feet to ap point; thence North 02 degrees 59 minutes 16s seconds West 54.961 feett toa point; thencel North 34 degrees 391 minutes 08 seconds West2 25.80f feett tos aj point; thencel North 02 degrees 48 minutes 46 seconds West 29.33 feett toa aj point; thencel North 02 degrees 53 minutes 27s seconds West 55.27i feet toa aj point; thencel North 12 degrees 08 minutes 52 seconds East 92.03 feet to aj point; thence North 16 degrees 45 minutes 43: seconds East 37.82 feet toa point; thencel North 05 degrees 201 minutes 03 seconds East 53.39 feet tos aj point; thence North 29 degrees 33 minutes 54s seconds East 31.95 feett to aj point; thence? North 67 degrees 521 minutes 25 seconds East 15.05 feet toa a point; thencel North 40 degrees 25 minutes 10 seconds East 11.66 feett toap point att thei intersection ofs said branch andI Little Gunpowder Creek; thence witht the creek? North 75 degrees 52 minutes 14: seconds West: 38.28 feett toa a pointi in the creek; thence North 46 degrees 57 minutcs 16: seconds West 83.00 feet to aj point in the creek; thence North2 29 degrees 42: minutes 53 seconds West 200.24 feett toa aj pointi in1 the creek; thencel North 46 degrees 281 minutes 34 seconds' West 93.02 feett tos a pointi int the creek; thencel North 55 degrees 37 minutes 42s seconds West 111.20 feet to aj pointi in the creek, a corner with] Kay B. Walker (Deed Book1 1603, atl Page 36), andI Lot! No. 13 ofHarvest! Meadow Subdivision (Plat Book2 23, at! Page 206); thence with' Walker's line, South 00 degrees 32 minutes 51 seconds East passing a' %i inch iron pipe at 24.10 feet and continuing 347.89 feet for at total distance of3 371.99 feet tos aj planted stone, a comer with? Melody Styles (Deed] Book 1642, at Page 364); thence with Styles' line South 02 degrees 21 minutes 09 seconds East 184.79 feett toa a) %i inch ironp pipe;t thence South 03 degrees 28 minutes 31 seconds East 46.271 feet to a24i inch hickory; thence crossing Baird Drive North 84 degrecs 18 minutes 05 seconds West 76.451 feett toa a %i inchi iron pipei int the right-of- way ofBaird) Drive; thence with thel line ofRocky! Road, Inc. (Deed Book 1629, at) Page 1158, Tract VII), and! Midnightl Enterprises (Book 1482, at! Page 323), North 85 degrees 001 minutes 00 seconds West 575.85 feett toa! %i inchi iron pipe, a comer with) Robbin K. Osbome (Deed Book 1658, at Page 525); thence with Osborne's linel North 85 degrees 00 minutes 00 seconds West 336,47 feet to a3 3/4 inch ironj pipe, a corner with) Jack F. Mason, Jr. (Deed) Book 1021, at Page 74); thence with Mason's! line South 25 degrees 121 minutes 03 seconds West 381.191 feett toal- 1/2 inchi iron pipe; thence South 25 degrees 03 minutes 31 seconds West 183.961 feett to a: 5/8 inch rebar; thencel North 82 degrees 20r minutes 56s seconds West 540.09: feet to a' %i inchi ironp pipe; thencel North 83 degrees 551 minutes 16s seconds West:245.07: feet to ai ironj pipe, the Southwest comer ofthat. .09 acre tract conveyedt tol Majorie Holden, in Book 1745, atl Page 322, and on the Easts side ofUS3 321-A; thence South 03 degrees 39 minutes 43 seconds West 336.431 feett tot the Grantor grants to Grantee, his heirs and assigns, all Grantor's reserved right, title andi interest in andt tot that certain reserved Easement recorded in) Book 1745, at Page 322, Caldwell County  BEGINNING, containing 47.264 acres, more orl less.  Registry.  salaalsnrDasDale Wilcox- Holden Purchase. wpd  Book: 1771 Page: 475 Page 40 of4    0    Workflow Mo. 0000065598-0002 Doc Recorded: ID: 009348760002 12/19/2013 at Type: 02:38:36 CRP PM Fee Amt: $26.00 Page 1of2 Revenue Tax: $0.00 Workfloww 0000065598-0002 Caldvell County. NC WAYNE L RASH Register of Deeds -1839-1526-1527  GEMERALMARRAMIYDEED 20 By:  Excisel Taxo Tax Parcel IDN No. ont the dayo of Mail/Box to: Brief description fort the Index: GRANTOR: Rocky Road, Inc. GRANTEE: Dallas RV Wilcox, Sr.  Verifiedby  County  Thisi instrument was prepared by: Dewey L. Keller, Attomey atl Law, PLLC THIS DEED, madet this the 19 day of December, 2013, by and between  whoser mailing: address is 3441 Morganton Blvd SWLenoir, NC 28645 (herein referred to collectively as Grantor) and whose mailing: addressi is RC Boy 487 Hdsoi (herein referred toc collectively as Grantee) and  NC 28u3S  [Includer mailing address foreach Grantora and Grantee; maritals status ofeachi individual Grantora and Grantee; and! lypeof entity, e.g., corporation, limited liability company, fore each non-individual Grantor and Grantee.] Forv valuable consideralion from Granteet to Grantor, ther receipta ands sufficiency ofv whichk ish herebya acknowledged, Grantor hereby gives, grants, bargains, sells and conveys unto Granteei inf fees simple, subjectt tot the Exceptions and Reservations hereinafter provided, Ifany, the following described property locatedi in Caldwell County, State of! North Carolina, more Being! Lot# #1 ofF ParkTerrace Subdivision: as recorded In Plat Book 18,F Page7 77,a and revised at Plat book 18, Page 145, Caldwell County Registry, reference tov which Is hereby made for greatero certainty of description. Subject tor restrictions as set out in Book 1261,F Page 220, Caldwell County Registry.  WITNESSETH  particularly described asf follows: Parcel No. 0335 1321  Said property! havingh been previously conveyedt to Grantor byi instrument(s) recorded in Book 1629, Page1 1158, and! being Allorap portion ofthep property herein conveyed. includes or does noti include the primary residence ofa Grantor. TOHAVE/ AND1 TOI HOLD unto Grantee, togethery witha all privileges anda appurtenancest thereuntol belonging. inf fees simple,  reflected onp plat(s)r recorded in Map/Plat Book, page/slide.  subject lot the Exceptions and Reservations hereinafter: and hereinabove provided, ifany.  Revised December 17, 2009  2    And Grantor! herebyy warrants that Grantori iss seized oft thep premises inf fee and has the rightt to conveys samei inf fees simple, that! titei isr marketable andi isf free and clear ofe encumbrances other thane ass setf forth! herein, andt that Grantor willf forever  warranta ando defendt thet title against thel lawfuld claims ofa all persons orE entities whomsoever. This conveyance isr mades subject tot the following! Exceptions and Reservations:  All references to Grantor and Grantee as used herein shall includet the parties as well as their heirs, successors and assigns, and shalli include the singular, plural, masculine, feminine orr neuter as required by context, INWITNESSV WHEREOF, the Grantor has dulye execuled thet foregoing asc oft the day andy year first above written.  (SEAL)  Brllichal Lacksy R  State of_ NC County of_ Caldirl  LaNotary Public ofthe County and State aforesaid, certifythat Michasl Lackey personallya appeared before me this day and acknowledged that he is President of RockyRoad, Inc.: anda as_ President, beingauthorizedt tod do so, executed the foregoing instrument on behalf of the Witness myl hand and official seal, thist the_ _day  Corporation. ofDecember, 2013.  Bobcea Dutle Printed! Name ofNotary Public: ebecco DodHer My commission expires: 2:22-16  Notary Signature  : E) TAR PUBLIC o Sl, cous  Revised December 17, 2009    LOOsIvB    Workflow Ho. 0000085187-0001 Doc ID: 009614530002 Type: 10:36:58 CRP AM Recorded: 07/27/2015 at Fee Amt: $36.00 Page 1of2 Revenue Tax: 0000085187-0001 $10.00 Workflow# Caldwell County, NC WAYNE L RASH Register of Deeds -1875-1724-1725  GENERAL WARRANTY DEED  *1De Excise Tax: $0.00- Tax Parcel IDNo. Mail/Box to: Grantee  This instrument was prepared by: Wilson, Lackey & Rohr, P.C. Brief description for the Index: Granite Falls Township THIS DEED, made this the. 24 day of, July, 2015, by and between GRANTOR: BEN GRIFFIN REALTY & AUCTIONI INC GRANTEE: DALLAS R. WILCOX, SR.  whose mailing address is 606 College Avenue, Lenoir, North Carolina 28645  (herein referred to collectively as Grantor) and whose mailing address is P.O. Box 687, Hudson, NC 28638 (herein referred to collectively: as Grantee) and  VV  WITNESSETH:  For valuable consideration from Grantee to Grantor, ther receipt and sufficiency ofv whichi is hereby acknowledged, Grantor hereby gives, grants, bargains, sells and conveys unto Grantee inf fee simple, subject tot the Exceptions and Reservations BEING all ofLots Nos. 2 and 3 as shown on the Plat entitled' "Minor Subdivision, Property of Terry E. Crouse & BrianL. Younce-6115 Northlakes Drive, Hickory, NC, 4038 Baird Drive. -2.069 Ac." Recorded in Plat Book 22, Page 132 Caldwell BEING the same property conveyed by Terry E. Crouse and wife, Sherry B. Crouse and BrianL. Younce andy wife, Kristie W. Younce to Brian L. Younce and wife, Kristie W. Younce by deed dated March 17, 2006 and recorded in Deed Book BEING Tracti III int the deed to Grantor recorded in Book 1695 at page 413i in the Caldwell County Registry. The drafter of this document has not searched the title to subject property and makes no certification as tot title. Said property having been previously conveyed to Grantor by instrument(s) recordedi in Book 1695, Page 413, and! being All or ap portion of the property herein conveyed. includes or X_ does noti include thep primary residence of a Grantor. TOHAVEANDTOHOLD: unto Grantee, together with all privileges and appurtenances thereunto! belonging, inf fees simple,  hereinafter provided, ifany. thet following described property locatedi int the City of County of Caldwell, State of North Carolina, more particularly described as follows: County Registry, reference tov which plati is made asi iff fully set out herein.  Granitel Falls Township,  1589, at page 967, Caldwell County Registry.  reflected on plat(s) recorded in Map/Plat Book.  page/slide.  subject tot the Exceptions and Reservations hereinafter and hereinabove provided, ifa any.  a    And Grantor hereby warrants that Grantori is seized oft the premises int fee and' has ther right to conveys same inf fees simple, that title is marketable andi is free and clear ofe encumbrances other than as setf forth! herein, andt that Grantor will forever All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and assigns, and shalli include the singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has duly executed thet foregoing as of the day andy year first above written.  warrant and defend the title against the lawful claims of all persons or entities whomsoever. This conveyance is made subject tot thet following Exceptions and Reservations:  BEN GRIFFIN REALTY & AUCTION, INC.  By:  Grifin, Sr,  Bpu  STATE OF NORTH CAROLINA, COUNTY OF CALDWELL  , the undersigned, al Notary Public of the County and State aforesaid, certify that BENJAMIN D. GRIFFIN, SR. personally appeared before me this day and acknowledged that! hei ist the! Presidento of BENGRIFFINI REALTY&AUCTION, INC., North Carolina corporation, and that by authority duly given and as the act of the Corporation, thef foregoingi instrument was signedi ini its namel by! hima ast the President ands sealed with its corporation: seal. Witness my hand ando official stampo ors seal, this  SARF PUBUP Sms   24fhd day of. July, 2015. bublbbin NOTARY PUBLIC! SIGNATURE Barhn S.Lurins NOTARY PUBLIC PRINTED NAME My Commission Expires: m423,2017    5  HG7W  JANBOIOH  ISAv  HG GHOJXO)    EXHIBIT A -LEGAL: DESCRIPTION  (See Deed attached hereto)  Buyer Initials_ JG Seller Initials    AGENDA ITEM 10A  MEMO DATE: SUBJECT:  April 20, 2021 Financial Matters: Property Contract Approval  Discussion:  Town Council advised staff to move ahead with the purchase of acreage at 4077 Baird Drive, Hudson, North Carolina, for the amount ofs six hundred twenty-five thousand dollars ($625,000.00). The attached contract has been reviewed by and signed by the seller.  Recommendation: ($625,000.00).  Staff recommends Council approve the property contract for the purchase of acreage at 4077 Baird Drive, Hudson, North Carolina, in the amount of six hundred twenty-five thousand dollars    Agenda Item 10C  TOWN OF SAWMILLS BUDGET ORDINANCE AMENDMENT  Be it Ordained by the Town Council of the Town of Sawmills, Caldwell County, North Carolina, the following Amendment to the Budget Ordinance for Fiscal Year 2020-2021. Now, Therefore, Be It Resolved the following Amendment is hereby Adopted:  Description Special Revenue Fund Cares/Covid19  Revenue $70,285.20  Fund 3  Expenditures $70,285.20  General Government Expenditures  Fund3 3  Explanation: By establishing a: special revenue. fund, all transactions in regards to revenue and expenditures will be accounted for and reportable to all agencies involved. for Covid 19 related  expenses during Fiscal Year 2020-2021  This Amendment now. Adopted this the 20th day of April 2020.  Approved: By:  By: ATTEST: Clerk  Mayor, Town of Sawmills  Finance Officer, Town of Sawmills  Terry Taylor Town Attorney  This instrument has been preaudited in the manner required by the Local Government Budget  and Fiscal Control Act.  195891-1    AGENDA ITEM 13A  MEMO DATE: SUBJECT:  April 20, 2021 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that Planner Dustin Millsaps continues to make  throughout the town. Recommendation: No Council action required.