AGENDA Sawmills Town Hall Tuesday, November 16, 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 6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Planning: B. Land Donation 9. Financial: 10. Discussion: A. Veterans Park B. Proposed Site Plan 11. Public Comment 12. Updates:  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 Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Town Manager Chase Winebarger Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene  A. October 19, 2021 Regular Meeting Minutes B. October 19, 2021 Closed Session Meeting Minutes  A. Call for Public Hearing for Annexation  A. Caldwell County Veterans Honor Guard Donation Request  A. Code Enforcement Report B. Town Manager Updates C.C Council Comment  13. Closed Session: N.C.G.S. $143-318.11@)0)  14. Adjourn    Page lof6  TUESDAY, OCTOBER 19, 2021  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Mayor Pro Tem Keith Warren Clay Wilson Melissa Curtis Rebecca Johnson Joe Wesson COUNCIL ABSENT Mayor Johnnie Greene  STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor  CALL TO ORDER: Mayor Pro Tem Keith Warren called the meeting to order at  approximately 6:02pm.  INVOCATION: Landon Hines gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Pro Tem Keith Warren led the Pledge of Allegiance. ADOPT AGENDA: Mayor Pro Tem Keith Warren asked for a motion to adopt the October Melissa Curtis made a motion, and Joe Wesson seconded, to adopt the October 19, 2021  19,2021 Agenda.  Agenda. All were in favor.  APPROVE SEPTEMBER 21, 2021 REGULAR MEETING MINUTES: Mayor Pro Tem Keith Warren asked for a motion to approve the September 21,2021 regular meeting minutes. Joe Wesson made a motion, and Rebecca Johnson seconded, to approve the September 21,  2021 regular meeting minutes. All were in favor.  APRROVE SEPTEMBER 21, 2021 CLOSED SESSION MINUTES: Mayor Pro Tem Keith Warren asked for ai motion to approve the September 21,2021 Closed Session Minutes. Clay Wilson made a motion, and Joe Wesson seconded, to approve the September 21, 2021  closed session minutes. All were ini favor.  PUBLIC COMMENT: Mayor Pro Tem Keith Warren asked if anyone had any questions or    October 19, 2021 Page 2 of6  comments at this time.  Sue Hall, a property owner in the Town of Sawmills, wanted to address Council about  properties around the Town that she believes to be nuisances. PUBLIC HEARING: TEXT AMENDMENT  OPEN PUBLIC HEARING: Mayor Pro Tem Keith Warren asked for ai motion to open the Rebecca Johnson made ai motion, and Clay Wilson seconded, to open the public hearing. All  public hearing. were in favor.  STAFF COMMENTS/RECOMMENDATIONS: Town Planner Dustin Millsaps stated that he recommends for the Town of Sawmills Zoning Ordinance Use Chart and Definitions be updated for more fluidity and more comprehensive interpretation for the Town Planner to make decisions and to ensure a more accurate and fair interpretation on the zoning uses for  years to come.  PUBLIC COMMENT: No one wished to speak.  CLOSE PUBLIC HEARING: Mayor Pro Tem Keith Warren asked for a motion to close Rebecca Johnson made ai motion, and Joe Wesson seconded, to close the public hearing. All  the public hearing. were in favor.  COUNCIL ACTION: Clay Wilson made a motion, and Joe Wesson seconded, for the Town of Sawmills Zoning Ordinance be updated (definitions and use-chart) for more fluidity and more comprehensive interpretation for the planner to make decisions and this will ensure a more accurate and fair interpretations on the zoning uses for years to come. All were in  favor.  RECOGNITIONS:  RECYCLE: REWARDS WINNER: Mayor Pro Tem] Keith Warren announced Charity Gray, as the October Recycle Rewards winner. A credit ofthirty-two dollars ($32.00) will be added  to the current sanitation bill. No Council action was required.  PUBLIC COMMENT: Mayor Pro Tem Keith Warren asked if anyone had any questions or    October 19,2021 Page 3 of6  comments at this time. No one wished to speak. UPDATES:  OCTOBER CODE ENFORCEMENT REPORT: Town Planner Dustin Millsaps stated  that there are five (5) code enforcement cases open:  Jose A Montes and Ana CI Robles, 4321 Cherokee Ct. Rubbish. Town Planner Dustin Millsaps stated that he received a complaint and al NOV letter was sent out on October 5, 2021 for overgrown grass as well as rubbish all around the yard. Town Planner Dustin Millsaps stated that he went by the property on October 12, 2021 and the Ronald B and Cynthia H Herman, 4126 Shoun Dr. Rubbish. Town Planner Dustin Millsaps stated that he received a complaint and a NOV letter was sent out on September 28, 2021 for many different rubbish items in the yard (lawn mowers, appliances, etc.). Town Planner Dustin Millsaps stated that he went by the property on October 12, 2021 and the problem has started to be addressed, however, not Thomas Charles Mann, 2228 Horseshoe Acres Dr. Rubbish. Town Planner Dustin Millsaps stated that he received a complaint and a NOV letter was sent out on 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 staffwill 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 staffregarding 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 letters had been sent out to all three (3) heirs. Town Planner Dustin Millsaps stated that as of May 11, 2021, fines have started to occur on this property. Town Planner  problem still exists;  completely;    October 19, 2021 Page 4 of6  Dustin Millsaps stated that as ofJ June 10, 2021, all information on this case has been handed over to Town. Attorney Terry Taylor to explore all options that are left to close this case. Town Planner Dustin Millsaps stated that as of October 12, 2021 Town Attorney Terry Taylor is still engaged in the legal process oftrying to find heirs tot the Douglas W and JoAnn Laxton, 4163 Horseshoe Bend Rd. Rubbish. Town Planner Dustin Millsaps stated that he received a complaint and a NOV letter was sent out on September 9, 2021 for a mattress that was in the yard. Town Planner Dustin Millsaps stated that the mattress was cleaned up immediately after contact with property  property;  owners.  No Council action was required.  TOWN MANAGER UPDATES: Town Manager Chase Winebarger had the following  updates:  Town Manager Chase Winebarger stated that he talked with the Architect and the site plani for the property on Baird Drisr ready to bring to' West Consultants. Town! Manager Chase Winebarger stated that there should be a draft plan on November 11th and he will bring it to Council on November 16th, as long as no major issues arise. Town Manager Chase Winebarger stated that Republic Services is continuing to switch cans out, but cannot give a definite date for completion. Town Manager Chase Winebarger stated that after countless designs and revisions, there has been ai new logo for the Town settled on and that Council should start seeing Town Manager Chase Winebarger stated that Public Works is currently pricing and getting ready to do some patchwork on a couple streets in Town, which includes two Town Manager Chase Winebarger stated that there was a breaking and entering that occurred at the Public Works building and the cameras that were installed were very helpful in the capture of the suspect. The suspect was in custody with in the day. Town Manager Chase Winebarger stated that there was also a breaking and entering Town Manager Chase Winebarger stated that this is the final week of] Fall sports and the end ofthe first season that the Town has been responsible for the concession stand. Town Manager Chase Winebarger stated that the concession stand has went well and that it appears that the Town has been able to more than break even each night. Town Manager Chase Winebarger Chase Winebarger stated that the code red calls that came out from the City ofLenoir for the potential was issue the experienced after the enormous amount of rain that was received is the same code red system that the Town of Sawmills uses and that is why the Town did not do a similar message. Town Manager Chase Winebarger stated that the Town has put posts on the Facebook page  itd out in the near future. (2)cul-de-sacs.  in one of our press boxes and that person isi in custody also.    October 19,2021 Page 5 of6  and is currently waiting on marketing materials to get the word out to citizens to sign Town Manager Chase Winebarger stated that the Town has made it through the initial selection process for an EM grant that will provide a match funding to repair and elevate the South Caldwell Lift Station. Town Manager Chase Winebarger stated that he would like to use the second halfof the COVID money to pay the Town's part of Town Manager Chase Winebarger stated that he has been informed that the NCDOT is experiencing dome financial issues. Town Manager Chase Winebarger stated that those issues are substantially worse than initially anticipated and the NCDOT is currently thirteen billion $13,000,00,000.00) and approximately sixteen (16) years Town Manager Chase Winebarger stated that Evident Church from Lenoir has rented Baird Park to hold an event, Autumn in the Park, on Saturday, October 23, 2021. Town Manager Chase Winebarger stated that the Town's Halloween Trunk or Treat is being held Sunday, October 31, 2021 beginning at 5:30pm. Town Manager Chase Winebarger stated that he will see Council there at 4:30pm and for Council to dress Town Manager Chase Winebarger stated that instead of a Christmas Party this year for staff, he would like to doal lunch, as small gift, and give staff Wednesday, December Town Manager Chase Winebarger stated that because of supply chain issues, Christmas decorations are extremely higher than was anticipated while finalizing the budget and there is not enough money in the budget to purchase the Christmas decorations that were picked out. Town Manager Chase Winebarger stated that there would be more lights on the tree this year and there is a metal tree that the Town purchased that will be set up: for pictures in the Farmers Market lot. Town Manager Chase Winebarger stated that the Town will purchase new holiday Town Manager Chase Winebarger stated that he would be on vacation from Thursday,  up: for the code red system SO everyone will get the notifications.  the cost.  short on their 2040 plan.  for Halloween.  22, 2021 off. Council had no objections.  banners to be put up in Town.  October 21, 2021 until Monday, October 25th, 2021.  COUNCIL COMMENTS:  Keith Warren introduced the Sawmills Elementary School Resource Officer, Chris Anders. Keith Warren wanted tot thank Landon Hines for giving thei invocation and his mother, Tamara  Hines for bringing him.  Rebecca. Johnson wanted to thank everyone for coming to the meeting. November 13, 2021, beginning at 10:30am at Veteran's Park.  Joe Wesson wanted to remind everyone of the Veteran's Memorial Service on Saturday,    October 19, 2021 Page 6of6  Joe Wesson also wanted to thank everyone for coming out.  CLOSED SESSION PURSUANT1 TO N.C.G.S. $143.318-11(A)03): Mayor Pro Tem Keith Clay Wilson made a motion, and Rebecca Johnson seconded, to go into closed session pursuant tol N.C.G.S. S 143.318-11(a)(3) at approximately 6:44pm. All were in favor. Clay Wilson made a motion, and Rebecca Johnson seconded, to come out of closed session  Warren asked for ai motion to go into closed session.  at approximately 7:32pm. All were in: favor.  COUNCIL ADJOURN: Mayor Pro Tem Keith Warren asked for a motion to adjourn. Clay Wilson made a motion, and Rebecca Johnson seconded, to adjourn the meeting. All  were in favor.  The meeting was adjourned at approximately 7:32pm.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  November 16, 2021 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Eddie Wilson on winning the Recycle Rewards Program for the month ofl November. 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 CLERK Julie Good TOWN PLANNER Dustin Millsaps  TOWN COUNCIL Keith Warren, Mayor Pro-Tem Clay Wilson Rebecca. Johnson Melissa Curtis Joe Wesson  OFSANIN  CORPORATED  SAWMILLS TOWN COUNCIL November 16th, 2021 6:00 PM PLANNER'S STAFF REPORT Address: 4713 Horseshoe Bend Road Hudson, NC 28638 2756514168 Acres: 27.878 Zoning: R-20  PIN:  Attachments Attachment A: Aerial View Attachment B: Zoning View Background  This] property is currently within the' Town of Sawmills ETJ and is also contiguous with the current town boundary. This propertyis currently vacant, however, the plan is for Ebenezer  Christian Children's Home tol build a foster home on thej property.  Land Use and Zoning Surrounding Zoning North: R-20 South: R-20 East: R-20 West: R-20  This property is currently vacant with no uses besides the occasional farming.  Surrounding Land Use North: Vacant Land South: Single Family Residential East: Single Family Residential West: Single Family Residential    Starecommendation  Itis recommended by staffthat the Town of Sawmills Town Council call: for a public hearing  toi take place on December 21st, 2021 to gage publicinterest on this matter.    ATTACHMENT A    ATTACHMENT B  112 F  4076 US Highway 321-A * Sawmills NC (828)396-7903 * (828)396-8955 fax  htp/www.townolsawmilis.com  The Town of Sawmills does not discriminate ont thel basis ofa age, sex, race, religion, national origin, disability, political affiliation, or maritals status.    AGENDA ITEM 8B  MEMO DATE: SUBJECT:  November 16, 2021 Planning Matters: Land Donation  Discussion:  Staffwould like for Council to consider a donation of three (3) tracts of] land located on Highway  321A, Hudson, NC 28638, by Mr. Matthew G. Hall and Ms. Nina Gail White.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish toj proceed.    GENERAL WARRANTY DEED  Excise Tax: NO REVENUE Tax Parcel ID No. on the day of  Verified by  County  20_ By:  Mail/Box to: Terry M. Taylor, Young, Morphis, Bach & Taylor, L.L.P., P.O. Drawer 2428, Hickory, NC 28603 This instrument was prepared by: Terry! M. Taylor, Young, Morphis, Bach & Taylor, L.L.P.  P.O. Drawer 2428, Hickory, NC 28603  Brief description for the Index:  THIS DEED, made this the 2 day of Nolmlou GRANTOR: MATTHEW G. HALL, Single and NINA GAIL WHITE, Single GRANTEE: TOWN OF SAWMILLS, a North Carolina Municipal corporation  2021, by and between  whose mailing address is 3917 Roger McCall Lane, Hudson, NC 28638 whose mailing address is 4076 US Hwy. 321A, Sawmills, NC 28630  (herein referred to collectively as Grantor) and  (herein referred to as Grantee).  Include mailing address foreach Grantora and Grantee; marital status ofeach individual Grantor: and Grantee; and type of For valuable consideration from Grantee to Grantor, the receipt ands sufficiency ofv whichi is hereby acknowledged, Grantor hereby gives, grants, bargains, sells and conveys unto Grantee int fee simple, subject tot thel Exceptions and Reservations hereinafter provided, ifa any, the following described property located ini the County of Caldwell, State of North Carolina,  entity, e.g., corporation, limited liability company, for each non-individual Grantor and Grantee.]  WITNESSETH:  more particularly described as follows:  See Exhibit A  Together with all right, title, andi interest of Grantor in and to any current or former. streams, strips, gores, orn rights-of- way abutting or adjoining the Property, and together with all thei improvements thereon and all privileges, easements,  and appurtenances thereto belonging and not elsewhere herein excepted. Said property having been previously conveyed to Grantor byi instrument recorded in Book.  Page.  and! being  reflected on plat recorded in Plat Book.  Page.  Caldwell County Registry.  All ora a portion of the property herein conveyed. includes or. X does noti include thep primary residence ofa Grantor.  269060.1    TOI HAVE. AND1 TOHOLD unto Grantee, togetherwith: all privileges and appurtenances thereunto belonging, ini fees simple, And Grantor hereby warrants that Grantor is seized oft the premises int fee and hast the right to convey same int fee simple, that title is marketable andi ist free and clear of encumbrances other than as set forth herein, and1 that Grantor will forever  subject to the Exceptions and Reservations hereinafter and hereinabove provided, ifa any. warrant and defend thet title against thel lawful claims of all persons or entities whomsoever. This conveyance is made subject to the following Exceptions and Reservations:  1.  2021 Ad Valorem Taxes.  All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.  (SEAL) (SEAL)  Matthew G. Hall Abuig Magwwa Nina Gail White  State of North Carolina County of AWbA  (Official/Notarial Seal)  Icertify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document:   FACLA NOTARY MY COMMISSIONE EXPIRES PUBLIC 9 PACOUNT  Matthew G. Hall Date:. 1/121 My Commission Expires: 1474175 State of! North Carolina, County of Tawon  Amdayw aan L. fullw Notary Public Notary's Printed or Typed Name  (Official/Notarial Seal) a ( POLINA  Icertify that the following person personally appeared before me this day, acknowledging to me that she signed the foregoing document:  Nina White Gail Date: n/3la. 37B18E omlision_Fxpires:  SGhula mhEl Notary Public Notary's Printed or Typed Name  269060.1    EXHIBIT A  TRACT ONE: (Caldwell Co. PINI No. 2766-55-7628)  BEGINNING on a stake in the center ofU.S. Highway 321-A Smith Moores' and Cecil Starnes Southeast corner, and runs with their line South 66° 59 West 98.6 feet to a stake in the center of the C & NW railway track; thence with the center of the railway tract in a southeasterly direction about 161.8 feet to a stake, Caldwell Furniture Company'scormer; thence with Caldwelll Furniture Campylmsamorhisasteny direction about 97 feet tos as stake in the centerofU.S. Highway #321; thence with the center ofU.S.E Highway #321mamorthvestery direction about BEING the same property conveyed by Lydia Gragg to Smith Moore and wife, Frances V. Moore, and Cecil J. Starnes and wife, Mattie L. Starnes by Deed dated June 20, 1972 and recorded in Book 644, Page 546, Caldwell Fori further reference tot the chain oftitle, seei thel Deed recorded in Book 679at! Page 1883, Book 773 atl Page 898: and  155.5 feet to the Beginning.  County Registry.  Book 1867 at Page: 316, Caldwell County Registry. TRACTTWOXCaidve. Co. PIN No. 2766-55-6861)  BEGINNING on as stake in the center of the C & NW) Ry. Tracks, and runsl North 66° 59'1 East 98.61 feet to as stake in the center oft USI Highway No. 321 A, and runs thencel North 25° 15' West 167.51 feet with the center ofsaid highway to: an iron pin; thence South 56° 56' West 101.6 feet to: a stakei in the center ofC &1 NWI Ry. Tracks; thence with the center ofs said Railroad Track South 26° 08' East 151.7 feet to the point of Beginning, containing 0.36 of an acre, BEING: a part of thei first tract or loti in Deed from J.J D. Summitt. and wife, Sallie Summitt tol Lydia Gragg,January See deed from W. T. Gragg and wife, Lydia Gragg to S & M Construction Company, Smith Moore and wife, Frances C. Moore, Cecil, J. Starnes and wife, Mattie L. Starnes, dated. July 18, 1963, Book 474atPag-340,Caliwel. For further reference to the chain of title, see. Deeds recorded in Book 679 at Page 1881, Book' 773 at Page 898 and  more or Iess.  5, 1951, Book 266: atl Page 517, Caldwell County Registry.  County Registry.  Book 1867 at Page 316, Caldwell County Registry.  TRACT THREE:  (Caldwell Co. PIN No. 2766-55-6910)  BEGINNING at aj pointi int the center line ofU.S. Highway No.: 321-A, said Beginning point being located South 26° 40' East 235.97 feet from the point of the center linei intersections of U.S. Highway: 321-A: and N.C. State Road No. 1130; and running thence! South 56° 30* West 101.31 feet to: ani iron stake in the center line ofthe C&NWI Railroad; thence with the center line ofs said railroad North 27 30 West 126.00 feet to an iron stake in the center) line ofsaid railroad; thence North 64° 26' East 102.45: feet to: aj point in the center! line ofU.S. Highway 321-A; thence with the The above description was prepared from an actual survey made by Rex F. Miller and Company, Hickory, North This conveyance is made subject to the right of way of U.S. Highway 321-A and the right of way of the C & NW  center) line ofU.S. Highway 321-A, South 26° 40' East 111.97: feet to thej point of Beginning. Carolina, entitled "Property of Ward Bernard Collins", dated April 2, 1968.  Railroad.  269060.1    BEING the first tract conveyed in that certain Deed dated! December8 8, 1970 from Ned A. Hollarand wife, Marilyn W.Hollarto Thad C. Hall and wife, Jacqueline C.I Hall: and Ralphl N. Dula and wife, Pearl K. Dula recorded inl Book For further reference to the chain of title, see the Deeds recorded in Book 773 at Page 898 and Book 1867 at Page  615, Page 657, Caldwell County Registry. 316, Caldwell County Registry. TRACTFOUR:  (Caldwell Co. PINI No. 2766-55-7594)  BEGINNING at a point in the center line of U.S. Highway 321-A said beginning point being the center line intersection of U.S. Highway 321-A and State Road No. 1130; and running thence with the center line of U.S. Highway 321-A South 26° 40' East 124.00 feet to a point in the center line of said Highway; thence South 64° 26' West 102.45 feet to an iron stake in the center line of the C & NW Railroad; thence with the center line ofsaid railroad North 27° 30' West 126.00 feet to an iron stake in the center line of Statel Road No. 1130; thence with the The: above description was prepared from an: actualsurvey entitled' "Property ofWard Bernard Collins", made by This conveyance is made subject to the rights of way of U.S. Highway 321-A and North Carolina State Road No. Being the same property conveyed by Ward Bernard Collins and wife, Lorraine Carpenter Collins tol Ned A. Hollar and wife, Marilyn W. Hollar by Deed dated March 6, 1969: and recorded in! Book 586, Page 284, Caldwell County BEING the second tract conveyed in that certain Deed dated December 8, 1970 from Ned A. Hollar and wife, Marilyn W. Hollar to Thad C. Hall and wife, Jacqueline C. Hall and Ralph N. Dula and wife, Pearl K. Dula Referencei is: also made to that certain Separation Agreement dated. January 28, 1980 by and between' Thad C. Hall and. Jacqueline C. Hall recorded in the Office of the Register of] Deeds for Caldwell County Registry. For further reference to the chain of title, see Deeds recorded in) Book 773 atl Page 898 and Book 1867 at Page: 316, The above Tracts 1, 2, 3 and 4 are LESS AND EXCEPTED any conveyed real property to North Carolina Department ofTransportation as shown in Book 1458 at Page 812, Book 1458 at Page 809 and Book 1458 at] Page SUBJECTTO the right-of-way to U.S. Highway: 321 and/or321-A: SR: 1130/Cajal'>Momntain Road) and C&NW Railway. Being a part of thel land described in Book 266, at] Page 517, of record in the Caldwell Register ofD Deeds'  center line of Statel Road No. 1130, North 65° 30' East 104.341 feet to the Beginning.  Rex F. Miller and Company on April 2, 1968. 1130 and the C &1 NW Railroad.  Registry.  recorded in Book 615, Page 657, Caldwell County Registry.  Caldwell County Registry.  814, Caldwell County Registry.  office.  269060.1    OWNER AFFIDAVIT AND INDEMNITY. AGREEMENT  (NOF RECENT IMPROVEMENTS. ANDI NOI EXECUTORY CONTRACTS FORI IMPROVEMENTS)  PARTIES: All parties identifiedi in this section muste executet this Agreement. Owner: Matthew G. Hall, Single andl Nina GailV White, Single  NOTE: AS separate Agreementi isr required fore each successive owneri int the 120-Day! Lien Period.) PROPERTY: Being all of Caldwell County PINI Nos. 2766-55-7628; 266.554851:78835.950: and 2766-55-7594 unsegregated" tract whent that areai isr reasonably necessaryf fort thec convenient use and occupation ofl Improvements ont the larger tract.) DEFINITIONS: Thef following capitalizedt terms as usedi int this Agreements shalll havet thef followingr meanings: shrubbery, driveways, andp private roadways ont the Property as defined below.  (Insert street address or brief description and/or attach a description as ExhibitA A. Include here any real estate thati is a portion of a larger, previously Improvement: Allora any parto ofa any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, orl landscaping, including trees and Labor, Services or Materials: ALLI labor, services, materials for which all lien can be claimed under NCGS Chapter 44A, Article 2, including but not limited to Contractor: Any person ore entity whol has performed orf furnished or has contractedt top perform orf furnishl Labor, Services or Materials pursuant to a contract, either express or implied, with the Owner of real property for the making of an Improvement thereon. (Note that services by architects, engineers, landscapers, surveyors, furnishers ofr rental equipment and contracts for construction on Property ofl Improvements are often provided before there is visible 120-DayL Lien Period: The1 120 daysi immediately preceding the date ofr recordation oft thel latter oft the deedt top purchaser or deed oft trust tol lenderi int the Office Owner: Any person ore entily, as definedi inl NCGS Chapter 44A, Article2 2, whol has or has hada any interesti int the Property withint the 120-Day! Lien Period. For the purposes oft this Agreement, the term Owner includes: ()as seller oft the Properly or al borrower under al loan agreement secured by the Property; (i)a person with rights top purchase the Property under a contract andf for whom an Improvement is made and who ordered the Improvement to be made; and Company: Thet titlei insurance company providingt thet titlep policy fort thet transaction contemplated! by thep parties herein. Property: The real estate described above or onE Exhibit Aa and anyl leaseholds, tenements, hereditaments, andi improvements placed thereon. AGREEMENT: For good and valuable consideration, the receipt ands sufficiency of whichi is hereby acknowledged, and as ani inducement tot the purchase oft the Property by a purchaser and/or the making ofal loan by al lenders secured by a deed oft trust encumbering the Property andt thei issuance ofa at title insurance policy or policies by Company insuringt titet tot the! Property withoute exception tol liensf forl Labor, Services or Materials; Owneri first! being dulys sworn, deposes, says and agrees: 1. Certifications: Owner certifies that at not time during the 120-Day Lien Period have any Labor, Services or Materials been furnished in connection with a contract, express ori implied, forl Improvements tot the Property (including architectural, engineering, landscaping or surveying services or materials or rental equipment forv which al lien can be claimed under NCGS Chapter 44A)nor have any Labor, Services or Materials beent furnished ont the Property priort tot the 120-Dayl Lien Period that will or may be completed after the date oft this affidavit OR only minor repairs and/or allerations top pre-existing Improvements havel been made and Owner certifies such repairs and/or alterations have been completed and those providing Labor, Services or Materials for the repairs have been paidi in full. The Owner further 2. Reliance andl Indemnification: This Agreement may ber relied upon by thep purchaser int the purchase of the Property, al lender tor make al loan secured bya deed oft trust encumbering the Property and by Company ini issuance ofat title insurance policy or policies insuring title tot the Property without exception tor matters certifiedi int this Agreement. The provisions oft this Agreement shall survive the disbursement off funds and closing oft this transaction ands shall bet binding upon Owner Owner agrees toir indemnify and! holdp purchaser, lender, and Company harmless ofa andi from any and alll loss, cost, damage ande expense ofe everyk kind, and attorney's fees, costs and expenses, which the purchaser, lender or Company shall or may incur or become liable for, directly ori indirectly, as a result of reliance on the 3. NCLTA Copyright and! Entire Agreement: This Agreement and any attachments heretor represent thee entire agreement between the Owner andt the Company, andr nop prior or contemporaneous agreement oru understanding! inconsistent! herewith (whether oral or written) pertaining tos such matters ise effective. THIS IS A COPYRIGHT FORM and any variances in the form provisions hereof must be specifically stated in the blank below and agreed to in writing by the Nor modification oft this Agreement, andr nov waiver ofa any ofi its terms or conditions, shall bee effective unless madei inv writing anda approved byt the Company.  professional designs services (including architectural, engineering, landscapinga ands surveying) and/or rentale equipment.  evidence ofo construction.)  ofti theF Register of Deeds oft the countyi inv which theF Property isl located.  (ii)t the Owner's successors ini interest anda agents oft the Owner actingv within their authority. Allo defined terms shalli includet the singular orp plural asi required! by context.  certifies that no Mechanics LienA Agent has been appointed. and anyone claiming! by, through oru under Owner.  certifications of Ownerr made herein ori ine enforcement oft the Company's rights! hereunder.  Company.  269080.1    PROVIDING A FALSE AFFIDAVITI IS A CRIMINAL OFFENSE  EXECUTIONI BY OWNER Statec ofN North Carolina, Countyo of Matzwr (SEAL) Signed ands swornt to (ora affirmed) beforer met thisd MatthewG.Hall Date:_ 0174/21 My/CommissionE Expires:_  3  FAULE 6 NOTARY MY a COMMISSIONE EXPIRES PUBLIC BACOUN 4MI  a Fhg,  Mats MatthewG.Hall  dayby  TF  AhML TAN Notary Public  PROVIDING A FALSE AFFIDAVITIS A CRIMINAL OFFENSE  EXECUTIONBYOWNER Signed ands swomt to( (ora affirmed) beforen met this day by Nina Gaill White s Tl3lai DHTAL My CommissionE Expires 3/IDDNS  Aa Aal whl ISEAL) State ofNorth Carolina, Canyelataube  Nina Gail White  0  269080.1    EXHIBIT. A  TRACT ONE: (Caldwell Co. PINI No. 2766-55-7628)  BEGINNING on a stake in the center of U.S. Highway 321-A Smith Moores' and Cecil Starnes Southeast corner, and runs with their line South 66° 59 West 98.6 feet to a stake in the center of the C & NW railway track; thence with the center of the railway tract in a southeasterly direction about 161.8 feet to a stake, Caldwell Furniture Company's corner; thence with Caldwell Furniture Company's line a northeasterly direction about 97 feet to a stake in the center ofU.S. Highway #321; thence with the center ofU.S. Highway #321 in a northwesterly direction BEING the same property conveyed by Lydia Gragg to Smith Moore and wife, Frances V. Moore, and Cecil J. Starnes and wife, Mattie L. Starnes by Deed dated June 20, 1972 and recorded in Book 644, Page 546, Caldwell For further reference to the chain of title, see the Deed recorded in Book 679 at Page 1883, Book 773 at Page 898  about 155.5 feet to the Beginning.  County Registry.  and Book 1867 at Page 316, Caldwell County Registry. TRACTTWOCaldwel. Co. PINI No. 2766-55-6861)  BEGINNING on a stake in the center oft the C & NW Ry. Tracks, and runs North 66° 59 East 98.6 feet to as stake in the center of US Highway No. 321 A, and runs thence North 250 15' West 167.5 feet with the center of said highway to an iron pin; thence South 56° 56' West 101.6 feet to a stake in the center ofC &1 NW Ry. Tracks; thence with the center ofs said Railroad Track South 26° 08' East 151.7 feet to the point of Beginning, containing 0.36 ofan BEING a part of the first tract or lot in Deed from J. D. Summitt and wife, Sallie Summitt to Lydia Gragg, See deed from W. T. Gragg and wife, Lydia Gragg to S & M Construction Company, Smith Moore and wife, Frances C. Moore, Cecil J. Starnes and wife, Mattie L. Starnes, dated July 18, 1963, Book 474 at Page 340, For further reference to the chain of title, see Deeds recorded in Book 679 at Page 1881, Book 773 at Page 898 and  acre, more or less.  January 5, 1951, Book 266: at Page 517, Caldwell County Registry,  Caldwell County Registry.  Book 1867 at Page 316, Caldwell County Registry. TRACT THREE: (Caldwell Co. PINN No. 2766-55-6910)  BEGINNING at a point in the center line ofU.S. Highway No. 321-A, said Beginning point being located South 26° 40' East 235.97 feet from the point of the center line intersections of U.S. Highway 321-A and N.C. State Road No. 1130; and running thence South 56° 30 West 101.31 feet to an iron stake in the center line of the C & NW Railroad; thence with the center line of said railroad North 27° 30' West 126.00 feet to an iron stake in the center line of said railroad; thence North 64° 26' East 102.45 feet to a point in the center line of U.S. Highway 321-A; thence with the center line ofU.S. Highway 321-A, South 26° 40 East 111.97 feet to the point of] Beginning. The above description was prepared from an actual survey made by Rex F. Miller and Company, Hickory, North This conveyance is made subject to the right of way ofU.S. Highway 321-A and the right of way of the C & NW  Carolina, entitled Property ofWard Bernard Collins", dated April2, 1968.  Railroad. 269080.1    BEING the first tract conveyed in that certain Deed dated December 8, 19701 from Ned A. Hollar and wife, Marilyn W. Hollar to Thad C. Hall and wife, Jacqueline C. Hall and Ralph N. Dula and wife, Pearl K. Dula recorded in For further reference to the chain of title, see the Deeds recorded in Book 773 at Page 898 and Book 1867 at Page  Book 615, Page 657, Caldwell County Registry. 316, Caldwell County Registry. TRACT. FOUR:  (Caldwell Co. PIN No. 2766-55-7594)  BEGINNING at a point in the center line of U.S. Highway 321-A said beginning point being the center line intersection of U.S. Highway 321-A and State Road No. 1130; and running thence with the center line of U.S. Highway 321-A South 26° 40 East 124.00 feet to a point in the center line of said Highway; thence South 64° 26' West 102.45 feet to an iron stake in the center line of the C & NW Railroad; thence with the center line of said railroad North 27° 30 West 126.00 feet to an iron stake in the center line of State Road No. 1130; thence with the The above description was prepared from an actual survey entitled "Property of Ward Bernard Collins", made by This conveyance is made subject to the rights of way of U.S. Highway 321-A and North Carolina State Road No. Being the same property conveyed by Ward Bernard Collins and wife, Lorraine Carpenter Collins to Ned A. Hollar and wife, Marilyn W. Hollar by Deed dated March 6, 1969 and recorded in Book 586, Page 284, Caldwell BEING the second tract conveyed in that certain Deed dated December 8, 1970 from Ned A. Hollar and wife, Marilyn W. Hollar to Thad C. Hall and wife, Jacqueline C. Hall and Ralph N. Dula and wife, Pearl K. Dula Reference is also made to that certain Separation. Agreement dated January 28, 1980 by and between Thad C. Hall and Jacqueline C.) Hall recorded in the Office of the Register ofDeeds for Caldwell County Registry. For further reference to the chain of title, see. Deeds recorded in Book 773 at Page 898 and Book 1867 at Page 316, The above Tracts 1,2, 3 and 4 are LESS AND EXCEPTED any conveyed real property to North Carolina Department of Transportation as shown in Book 1458 at Page 812, Book 1458 at Page 809 and Book 1458 at Page SUBJECT TO the right-of-way to U.S. Highway 321 and/or 321-A SR 1130 (Cajah's Mountain Road) and C& NW Railway. Being a part of the land described in Book 266, at Page 517, of record in the Caldwell Register of  center line of State Road No. 1130, North 65° 30" East 104.34 feet to thel Beginning.  Rex F. Miller and Company on April 2, 1968. 1130: and the C&l NW Railroad.  County Registry.  recorded in Book 615, Page 657, Caldwell County Registry.  Caldwell County Registry.  814, Caldwell County Registry.  Deeds' office.  269080.1    STATE OF NORTH CAROLINA COUNTY OF CALDWELL  NORTH CAROLINA MARITALI STATUS. AFFIDAVIT  NINA GAIL WHITE, being first duly sworn, deposes and says: (1) That she is now or has either int thej past been known as:  Nina Gail White  (2) That she is (check applicable statement):  (a) isc currently married and living with her spouse, (b) is currently unmarried and has not ever been married; or  or  (c) is currently unmarried but was formerly married, and has obtained and had entered bya a court of competent jurisdiction ai final judgment of absolute divorce; or (d) is separated, and has obtained a signed separation agreement which provides her spouse has waived any marital interest, rights ofi inheritance. or other interest in the real estate which is being pledged to secure repayment oft this loan, and has either (i) had the separation agreement entered by a court of competent jurisdiction or (ii) had the separation agreement recorded with the register of deeds of the county in which the property is pledged as security for this loan is located; or (e) isi married but no longer living with her spouse, and has not obtained a separation  agreement or final judgment of absolute divorce; or  (f) isa widow / widower.  TADEw  Nina Gail White  STATE OF NORTHÇAROLINA COUNTY OF Latuba  Shemf. Hllar a Notary Public for the aforesaid County and State, do hereby certify that Nina Gail White personally appeared before me this day and acknowledged the due Witness my hand and official seal or stamp, this the) day yacaliga.  execution oft the foregoingi instrument.   %   em  My commission" el Notary Seal  expires: Slphoss  Mh  269300.1    STATE OF NORTH CAROLINA COUNTY OF CALDWELL  NORTH CAROLINA MARITAL STATUS AFFIDAVIT  MATTHEW G. HALL, being first duly sworn, deposes and says: (1) That he is now or has either in the past been) known as:  Matthew G. Hall  (2) That he is (check applicable statement):  (a). is currently married and living with his spouse,. (b) is currently unmarried and has not ever been married; or  or  MBH  (c) is currently unmarried but was formerly married, and has obtained and had entered bya court of competent jurisdiction a final judgment of absolute divorce; or (d) is separated, and has obtained a signed separation agreement which provides his spouse has waived any marital interest, rights ofi inheritance or other interest in the real estate which is being pledged to secure repayment of this loan, and has either (i) had the separation agreement entered by a court of competent jurisdiction or (ii) had the separation agreement recorded with- the register of deeds oft the county inv which thej property is pledged as security for this loan is located; or (e) is married but no longer living with his spouse, and has not obtained a separation  agreement or final judgment of absolute divorce; or  (f) sawidow/widower.  (Seal)  Matthew G.J Hall  A dkgp  STATE OFI NORTH CAROLINA COUNTY OF CAAWIZ4  LDAA LAA execution of the foregoing instrument.  a Notary Public for the aforesaid County and State,  do hereby cértify that Matthew' G.) Hall personally appeared before me this day and acknowledged the due  Witness my  Seal or stamp, this the 2d dayof_NDVmDu 2021.  - ynofil NOTARY comiio EXPIRES PUBLIC EA COJUNE  fdu ATLNE My commission expires: 1147475  Notary Public  Notary Seal  269300.1    AGENDA ITEM 9A  MEMO DATE: SUBJECT:  November 16, 2021 Financial Matters: Request for Donation  Discussion:  The Town has received a request from the Caldwell County Veterans Honor Guard fora  donation in the amount ofs $150.00 (one hundred fifty dollars). There are sufficient funds in the budget for this request.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    OFSAWH  Town of Sawmills  Johnnie Greene, Mayor Chase Winebarger, Town Manager  Funding Request:  Name of Organization: Daodweel  buard  Phone  830)394-8018  Permanent Address: POBL702  City:  State: N& Fed Tax ID# #:  Zip Code:  Hudem Contact Name: Jimaw Bader  88038  Amount Requested: Date Funds Needed: Complete description ofproject:  Amount needed for the Project: Project Begin/End Dates:  15000  Emmogor Vhnaga hpbaw.  How will thei funds be used?  How will this project benefit the community?  Official Town Use Only  Date application received: Kvl-l Date approved/denied (circle one): Date check written:  Date presented to Council: lulz)  Amount approved:  Available balance in Governing Body Expense Acct: 1500.00  Check #:  Amount:  This instrument has been preaudited int the manner required by the Local Government Budget andF Fiscal Control Act. dpudey    AGENDA ITEM 10A  MEMO DATE: SUBJECT:  November 16, 2021  Discussion: Veterans Park  Discussion:  Staff has been contacted by a representative at Duke Energy regarding the Connelly Creek project. Duke Energy stated that the contractor needs a laydown area in the location oft the future parking lot that has been discussed with the Town. The contractor would have a place to store materials, and in doing sO, would give the Town aj jump start on1 the work for the future parking  lot.  Recommendation:  Staffi recommends Council discuss this matter and decide how they wish toj proceed.    AGENDA ITEM 10B  MEMO DATE: SUBJECT:  November 16, 2021 Discussion: Proposed Site Plan  Discussion:  Staff has received the proposed site plan for the property located at 4077 Baird Drive, Hudson,  NC 28638, for Council to review.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish toj proceed.    AGENDA ITEM 12A  MEMO DATE: SUBJECT:  November 16, 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.