November: 20, 2023, MB#56  Regular Session, November 20, 2023, 7:00 p.m. Catawba County Board of Commissioners  Appointments  Home & Community Block Grant Advisory Committee-Miriam Davis Home & Community Block Grant Advisory Committee-Mark Bumgarner Home & Community Block Grant Advisory Committee-Tina Miller Home & Community Block Grant Advisory Committee-Gail Henson Home & Community Block Grant Advisory Commitee-Adriah Kerley Home & Community Block Grant Advisory Committee-Alice Layne Home & Community Block Grant Advisory Committee-Amber McIntosh Home & Community Block Grant Advisory Commitee-Michelle Roseman Library Board of Trustees - Nancy Miller (rescinded) Library Board of Trustees - Katherine Katie" Davis Perkins CVMC Real Property Asset Transfer Agreement Legal Real Property Asset Transfer Agreement NCDOT Old Maiden Road Abandonment Petition Public Comment Kenyon Kelly-Catawba County Sherrill Watkins - Monument Resolutions  646 11/20/23 646 11/20/23 646 11/20/23 646 11/20/23 646 11/20/23 646 11/20/23 646 11/20/23 646 11/20/23 669 11/20/23 669 11/20/23 669 11/20/23 669 11/20/23 657 11/20/23 646 11/20/23 646 11/20/23 651 11/20/23 658 11/20/23 646 11/20/23 668 11/20/23 651 11/20/23  Special Assessment Resolution for Wind Bluff Court/The Knolls Subdivision Road Improvements Project (Resolution 2023-38) Old Maiden Road Abandonment Petition (Resolution 2023-39) Duke Endowment Grant Acceptance: Success Coach October Tax Refunds, Releases and Adjustments  Social Services Tax  Utilities and Engineering  Special Assessment Resolution for Wind Bluff Court/The Knolls Subdivision Road  Improvements Project  The Catawba County Board of Commissioners met in Regular Session on Monday, November 20, 2023, at7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Center, 100 Present were Chair Randy Isenhower, Vice-Chair Austin Allran, and Commissioners Robert C. Abernethy, Jr., Also present were County Manager Mary S. Furtado, Assistant County Manager Paul Murray, Assistant County Manager Justin Merritt, County Attorney Jodi Stewart, Assistant County Attorney Josh Teague, and County Clerk 1. Chair Randy Isenhower called the meeting to order at 7:00 p.m., noting a quorum was present.  Government Drive, Newton, North Carolina. Barbara G. Beatty, and Cole Setzer.  Dale Stiles.  645    November 20, 2023, MB#56  2. Chair senhower led the Pledge of Allegiance. 3. Commissioner Barbara G. Beatty offered thei invocation.  4. Commissioner Setzer made a motion to approve the Minutes from the Board's Regular Meeting and Closed  Session of November 6th, 2023. The motion carried unanimously.  5. Recognition of Special Guests: 6. Public Comments. 7. Appointments.  Chair Isenhower welcomed everyone present.  Kenyon Kelly came forward and expressed appreciation to the Board and County staff. Watkins Sherrill came forward requesting the monument on the grounds of the 1924 Courthouse not be removed. Upon a recommendation by Commissioner Setzer that came in the form of a motion which unanimously carried, the Board made the following ponimensreapponmens to the Home & Community Block Grant Tina Miller for a 1st term; as ex officio; Mark Bumgarner for a 1st term; Gail Henson, A.J. Kerley, and Amber  Advisory Committee, with term expirations of June 30, 2026:  Mcintosh for 3rd terms; Michelle Roseman for a 5th term; Alice Layne for a gth term; and  Miriam Davis for an 11hterm. 8. Consent Agenda.  County Manager Mary Furtado presented the following four items under the consent agenda. Chair Isenhower asked if any commissioner wished for an item to be broken out of the consent agenda for a.The Finance and Personnel Subcommittee recommended the Board of Commissioners accept the four- year grant funding (2023-2027) from The Duke Endowment in the amount of $2,133,000 to expand the Success Coach model and create a certification standard for coaches; and authorize the County Manager or The County was previously awarded yearly grants from The Duke Endowment beginning in 2007 to build a post-care service array to improve child well-being. The project became known as the Child Wellbeing Project. In 2019 the County was awarded a four-year grant from The Duke Endowment to continue to grow and evaluate the Success Coach Program, which emerged out of the Child Well-Being project. Once the funding ended, the Success Coach Program continued to provide post care services through county and In. July 2023, Catawba County Social Services was approached by The Duke Endowment and encouraged to apply for another grant. In November 2023, the County received notice of the award. This funding will support Social Services in implementing the Success Coach Program to high risk populations for abuse and neglect in Catawba County and will also allow the Success Coach Program to implement a certification program for Success Coaches as this program is replicated statewide and nationally. The Success Coach Program was recently added to the California Evidence Based Clearinghouse as a "promising practice." The Success Coach Program is often regarded as the only post-care model in existence that can be provided The total award is $2,133,000 over a 4-year period beginning upon a signed/returned contract and ending  individual consideration. None was requested.  her designee to execute the award agreement and all necessary documents.  state funding.  with fidelity. October 31, 2027.  A copy oft the Award Letter and Grant Terms & Conditions is hereto attached:  646    November 20, 2023, MB#56  DocuSign Envelope ID: E500C82ABB4BCB91ESBFCFAN2I990  RURIE THE DUKE ENDOWMENT  November 7, 2023 Karen C. Harrington Director Catawba County Department of Social Services 3030 1lth Avel Dr SE Hickory, NC28602-8336 Dear Karen,  Iam pleased toi inform you that the' Trustees ofThel Dukel Endowment have approved a grant to Catawba County Department of Social Services (the' "Grantee") in the amount of $2,133,000, to expand the Success Coach model and create ac certification standard for coaches. Thisl letter andt the attached Grant Agreement No. 2136-SP and Please review the Grant Agreement and General' Terms and Conditions carefully, and once wel havei received your executed Grant Agreement, we willi make ani initial payment to you within sixty (60) days ofits execution.  General Terms and Conditions outline the terms of accepting our grant.  Wea anticipate paying the grant according to thei following schedule:  2023-$565,000 2024-$508,000 2025-$526,000 2026-$534,000  Please understand thatt thel Endowment, ini its sole discretion, reserves thei right to discontinue, modify or withhold any payments if Grantee fails to: 1)s satisfy thes special conditions identified in the enclosed Grant Agreement; 2) make sufficient progress towardj proposed outcomes; 3) provide proper accounting of grant expenditures at Wea are asking grantees to electronically sign grant agreements via DocuSign. Should you have any questions or Ify you would like toj publicize your grant through traditional ands social media channels, please senda a copy ofthe text to Shaheen Towles, our associate director of communications, at stowles@tde.org for her review. You'llfind helpful communication resourçes, including a news release template, on our website at wwlukcemdomeantore  requested intervals; or 4) meet any other terms and conditions oft this grant. need assistânce, please contact] Kate Gaskin at! kgaskin@tde.org.  Wea arej pleased tol be aj part of this] project.  Sincerely, Phk Phillipl H. Redmond. Jr. Director, Child &1 Family Well-Being Attachments cc: Chrissy' Triplett  800 EAST MOREHEAD STREET. CHARLOTTE, NORTH CAROLINA 28202-2706. TELEPHONE 704-376.0291  WWW.DUKEENDOWMENT.ORG 647    November 20, 2023, MB#56  DocuSign Envelope ID: 500C82AB548CB91ES-BFCFA2190  GENERAL TERMS AND CONDITIONS FOR GRANTSI MADEBY THEI DUKEI ENDOWMENT  These General Terms and Conditions are expressly incorporated by reference in the Grant Agreement between The Duke Endowment (the' 'Endowment"): andt the Grantee identified int that Grant Agreement and are effective asi ifs set forthi inf fulli int that Grant 1. Use of Funds. The funds provided to Grantee byt thel Endowment under the terms oft the Grant Agreement are for the express purpose or project described in the Grant Agreement, shall be exclusively SOL used by Grantee, ands shallb be: so designated on 2. Tax Status. By executing and delivering the Grant Agreement to the Endowment, Grantee represents and certifies tot the Endowment that () it is either a charitable organization described in sections 501(c)(3) and 509(a)(1), (2) or (3) oft the Internal Revenue Code of 1986, as amended (the "Code"), or a governmental entity described in Code section 170(c)(1); (i)n noy person or organization. has advised Grantee thati itisi inj jeopardy ofc ceasing tol be so described; (in)r receipt oft the grant fundsf from thel Endowment will not adversely affect its tax status; and (iv) Grantee willi inform thel Endowment immediately in writing of any change ini its tax status. Grantee (other than a governmental entity described in Code: section 170(c)(1)) shalll have submittedt tot the Endowment a determination or confirmation letter from thel Internal Revenue Service whichs states that Grantee is described in Code sections 501(c)(3) and 509(a)(1), (2) or (3). In its sole discretion, the Endowment may request that Grantee provide a more current letter than that presented by Grantee. Unless waived in writing by the Endowment, Grantee must have furnished tot thel Endowment: aj photocopy of such al letter before any payment will bei made to Grantee undert the Grant Agreement. IfGranteei isa Type IIIC orl II supporting organization under Code section 509(a)(3), additional certifications will be required. Furthermore, if Grantee is a Type III supporting organization, Grantee represents 3. Termination by Grantee's Breach. Notwithstanding anything to the contrary stated herein ori int the Grant Agreement, the Grant Agreement shall terminate and all disbursements or expenditures to or by Grantee of the grant funds shall cease if @)any oft the representations or certifications contained int thei information submitted by Grantee during the grant application process (the' "Grant Request") or the Grant Agreement shall cease to be correct, () Grantee shall fail to perform any oft the terms oft the Grant Request, the Grant Agreement or any of the requirements of the Endowment; (in) Grantee shall become insolvent or, in the opinion of the Endowment, otherwise become unable or unwilling tol honor the Grantee's obligations in the Grant Request ort the Grant Agreement; or (iv) Grantee shall cease active operations. Ins suche events, Grantee shall retum immediately any unexpended portion oft the grantt tot thel Endowment: ands shalll have noi further right or claim tos such funds. In additiont to all other remediès available tot thel Endowment ins such event, Grantee agreest thati it willr reimburse thél Endowment fori its attorneys', accountants' and auditors' fees and expenses and the expenses ofj judicial and administrative action. 4. Prohibited Uses. Grantee will not use any portion oft the grant funds provided toi itbyt the Endowment or any of the data, (a) to produce literature or any other form of! propaganda of any nature or kind, to campaign or otherwise to attempt to influence legislation within the meaning of the Code or other federal or state laws proscribing such activities by (b) to attempt to influence the outcome of any election or to conduct or sponsor any voter registration drivé within the meaning oft the Code or other federal or state laws proscribing such activities by charitable organizations. 5. Reports. Grantee: shallr makei interim and final reports tot the Endowment setting forthi ins sufficient detaili its progress towards achieving the grant's outcomès ande expenditures. Reports should include information about evidence of success, any lessons learned, actual expenses incurred, encumbrances, unexpended balance off funds available, and other relevant facts, and: shall retaini ini its files the supporting documentation: for such reports for at least four (4)years following completion oft the project 6. Unexpended! Funds. Any principal portion of the grant funds remaining unexpended at the end of the project described in the Grant Agreement: shall be returned tot thel Endowment, and Grantee: shall have no right or claim to any unexpended grant fundsI returned tot thel Endowment, excepte as may otherwise bes approved in writing by thel Endowment. 7. Repayment by Grantee. If, at any time within twelve (12), months, int the case ofa grant for operating expenses, or within sixty (60) months, int the case ofag grant for capital expenditures, after the date oft the disbursement byt the Endowment oft the grant funds appropriated to Grantee under the Grant Agreement, () Grantees sells, exchanges, leases or otherwise transfers for  Agreement.  theb books andi records of Grantee.  and certifies thati itisa a functionally integrated Typel II supporting organization under the Code.  analyses or other information produced utilizing theg grant funds, directly ori indirectly:  charitable organizations, or  or program.  Effectivel November 6,2 2007  648    November 20, 2023, MB#56  DocuSign Envelope ID: E5P08C8524B548CB91EBBFCFAS2190  General Terms and Conditions for Grants Made by" The Duke Endowment  cash, aj promissory note, an ownership interest or other valuable consideration more than fifty percent ( transfers control ofi more than fifty percent (50%) of the voting authority of Grantee's governing body,1 to one or more directors, officers, partners, employees or agents of an organization) that is not, at the tin or transfer of voting authority, a governmental entity or a nonprofit organization described in section : eligible to receive Endowment funds, or a partnership, joint venture or limited liability company com such entities; or (ii) Grantee changes its form of organization to that of a for-profit or business corj limited liability company or other entity; or (ii) Grantee changes its operating purpose or method I purpose or method is nonprofit or for-profit), Grantee shall, within ten (10) days after the date of such of form, repay to the Endowment, in cash, an amount equal to the total grant funds appropriated andj I Audit by the Endowment; Recovery. The Endowment reserves the right to audit or have audited al books and records of Grantee insofar as such records relate to the disposition of the funds appropriat Endowment, and Grantee agrees to provide all necessary assistance in connection therewith. Should th opinion of the Endowment, irregularities in the disposition of funds appropriated to Grantee, the Enc right to pursue any and all remedies available to it, including, but not limited to, the recovery ofl Prohibited Benefits. None of the grant funds provided to Grantee by the Endowment may be used by gift or other payment to a' Trustee or employee oft the Endowment, other than aj payment of reasonabler person for personal services rendered or goods provided by such person to Grantee in carrying out the The Endowment and Grantee expressly acknowledge that the appropriation made by the Endowment to Agreement has not been influenced by or conditioned upon the making of any such compensatory pa Evaluation. Grantee will cooperate with the Endowment in undertaking an evaluation of evidence ofs the grants funds appropriated in the Grant. Agreement, including, without limitation, allowing Trustees, 11. Public Information. Grantee will allow the Endowment to review and approve the text of an concerning this grant prior to its release. The Endowment may, in its sole and absolute discretion, through any means and at any time information related to this grant and its grantmaking activities, incl to the grant amount, the Grantee'sr name and address, the purpose of the grant, and any evaluation of 12. Governmental Action. Ifany law, regulation or order now or hereafter in effect shall rénder any p Agreement void, unenforceable or unlawful, or subject the Endowment to any tax or penalty, either par Grant Agreement forthwith by a written notice. Immediately upon such termination, all further disburs oft the grant funds shall cease, and Grantee shall @) return any unexpended portion of the grant funds tc 13. No Waiver. No waiver by any party of any of the covenants, agreements or obligations contained. h Agreement shall be construed as a waiver ofa any succeeding breach thereof, and no delay or omission or to the Grant Agreement to exercise any rights acquired through the default of any other party shall ber Exclusive Commitment. Grantee acknowledges and agrees that thel Endowment hàs no further obligati that stated in the Grant Agreement, without regard to the adequacy, or inadequacy, oft the grant funds  the Grant. Agreement and not] previously repaid tot thel Endowment by Grantee.  8.  auditing fees and expenses and the expenses ofj judicial and administrative action.  9.  Grantee.  10.  ofthel Endowment toi inspect the premises and/or books and records of Grantee.  uses of grant funds.  (ii) have no further right or claim to such funds or appropriations.  of, or impair suchi right.  14.  649    November 20, 2023, MB#56  DocuSign Envelopel ID: ESD08C85,24B348CB91EB-BFCFAS21990  THEI DUKEI ENDOWMENT Grant Agreement 2136-SP November7,2023  To:  Catawba County) Department of Social Services 3030 1lth Ave DrSE Hickory, NC28602-8336 follows: coaches.  The Duke Endowment (the' Endowment")! hereby agrees, inc consideration ofthe covenants and agreements contained herein, top provide grant funds to Catawba County Department of Social Services (the "Grantee") as To expand the Success Coach model and create a certification: standard for  Purpose:  Amount Approved: $2,133,000  Grant Payment: $565,000 payable within sixty days after this Agreement has been fully General Conditions: This Agreement expressly incorporates herein all oft the terms, conditions,  executed, with the balance of $1,568,000 payable in increments through October 31, 2027, and in the sole and absolute discretion of the covenants and agreements contained int the General Terms and Conditions for Grants Made by The Duke) Endowment, effective November 6, 2007 (the "General" Terms and Conditions"), and Grantee agrees to abide by all such terms, conditions, covenants and agreements as ift they were fullys set  Endowment.  forth herein.  Special Conditions:  1. Granteel hereby certifiest tot the Endowment (a)t that thet factuals statements containedi int the documents submitted by Grantee duringt the grant application process, including without limitation the budget fort thej project or purpose described therein, all of which are hereby incorporated by reference, are true, accurate and complete and may ber relied upon! byt the Endowment ini making this grant to Grantee, and (b) that Grantee has received a copy of 2. Reports on the progress oft the grant's outçomes and its expenditures willl be made by the Grantee tot the Endowment upon request in accordance with paragraph 5 of the General 3. The balance of all funds necessary to achieve the project at its proposed scale and scope is available, and the Grantee is committed to covering budget shortfalls resulting from This Agreement ist to be signed by the President or other executive officer of Grantee expressly authorized by Grantee's goveming body to execute such agreements. The signature of such officer will indicate acceptance by Grantee of all the terms and conditions set forth in this  the General' Terms and Conditions. Terms and Conditions. operations.  Agreement andi int the General' Terms: and Conditions.  Thel Duke Endowment Signature,  Phillip! H. Redmond. Jr. Director, Child & Family Well-Being Catawba County Department of Social Services  Signature. Date Title  650    November 20, 2023, MB#56  b. The Policy and Public Works Subcommittee recommended the Board of Commissioners adopt the Preliminary Assessment Resolution for Wind Bluff Court/ The Knolls Subdivision Road Improvements Resolution #2020-17 created the petition-driven program to upgrade privately maintained secondary roads to meet NCDOT standards, thereby converting road maintenance responsibility from private homeowners to NCDOT. As statutorily permitted, the cost of improvements may be assessed against the property owners and recouped over a 10-year period, through the special assessment process. To participate in the program, a minimum 75 percent of the homeowners to be assessed must voluntarily sign a petition supporting the project. The owners who sign the petition must account for at least 75 percent of the road frontage to be The Knolls Subdivision is located off Rome Jones Road in the unincorporated part of Catawba County. The property owners of that portion of The Knolls Subdivision fronting on Wind Bluff Court filed a petition for improving the street with Utilities & Engineering. The portion of Wind Bluff Court included in the petition consists of five (5) lots. Property owners of four (4) of the five (5) lots, representing 80% of the property owners, signed the petition. These properties represent approximately 463.32 lineal feet of the 529.06 lineal NCDOT staff prepared the scope of work, and County staff prepared the cost estimate to bring the roads up to NCDOT standards. A letter from NCDOT stating the roads will be recommended for acceptance into the The privately maintained street was constructed in or about 1986 as part of the Knolls Subdivision. Wind Bluff Court is a loop in poor condition and needs repairs throughout. The paved portion of the right-of-way will be milled 1.5 inches. The gravel base will be reconditioned where necessary, leveled and compacted to at thickness of 8 inches. A new top coat of asphalt 1.5 inches thick will be installed. The costi is estimated to be between $45,000 and $55,000, or about $9,000 to $11,000 per lot. The final cost and per lot assessment The process for special assessments requires a Preliminary Assessment Resolution be passed by the Board, followed by a public hearing at a future meeting (planned for December 18, 2023). At the public hearing, the Board may choose to pass the Final Assessment Resolution, which would allow the project to The proposed adoption of the Preliminary Assessment Resolution for Wind Bluff Court is in accordance with BOC Resolution 2020-17, Resolution to Establish a Policy for the Improvement and Assessment of Public or Publicly Dedicated Subdivision Streets and with State Statute $153A-185 Authority to Make Special After the project has been completed, the Board will determine the final cost, and direct a Preliminary Assessment Roll to be published, followed by a second public hearing where the Final Assessment roll may The alternative to adopting the Preliminary Assessment Resolution is to deny the citizen petition and not  Project.  improved through the assessment.  feet (87.57 %) of total frontage.  Secondary Road Maintenance Program once improved is attached.  remain estimates until the project is bid and constructed.  bel bid and constructed.  Assessments.  be confirmed, and the special assessment implemented. offer public financing of this road improvement project.  The following resolution applies:  RESOLUTION No. 2023-38 PRELIMINARY ASSESSMENT RESOLUTION FOR STREET IMPROVEMENT PROJECT FORWIND BLUFF COURT/THE KNOLLS SUBDIVISION  NOVEMBER 20, 2023  651    November 20, 2023, MB#56  WHEREAS, street maintenance and deterioration is a concern that affects residents of Catawba County WHEREAS, at its meeting held on September 8, 2020 the Catawba County Board of Commissioners resolved (Resolution # 2020-17) to take an active role in efforts to make street repair assistance available to citizens when other alternatives are not feasible, in accordance with Chapter 153A. Article 9 of the General WHEREAS, on the 3rd day of July 2023, the property owners of that portion of The Knolls Subdivision fronting on Wind Bluff Court filed with the Catawba County Utilities and Engineering Department a petition The paved portion of the right-of-way will be milled 1.5 inches. The gravel base will be reconditioned where necessary, leveled and compacted to a thickness of 8 inches. A new WHEREAS, the Director of Utilities and Engineering for Catawba County has certified to the Catawba County Board of Commissioners that said petition is sufficient in all respects, the same having been duly signed by more than seventy-five percent (75%) of the affected owners, whose property represents more than seventy-five percent (75%) of all the lineal feet of frontage of the lands abutting upon the streets or  neighborhoods and subdivisions; and  Statutes of the State of North Carolina; and  for improving the streets in the following manner:  top coat of asphalt 1.51 inches thick will be installed; and  portion of streets hereinabove described;  NOW, THEREFORE, BE IT RESOLVED by the Catawba County Board of Commissioners: 1. That the above mentioned petition is found to be sufficient in all respects.  2. Thati iti is intended Wind Bluff Courti in the Knolls Subdivision bei improved in the following manner: The paved portion of the right-of-way will be milled 1.5 inches. The gravel base will be reconditioned where necessary, leveled and compacted to a thickness of 8 inches. A new under and by virtue of Chapter 153A Article 9 of the General Statutes of North Carolina and the procedure therein established for acceptance into the NCDOT State system for highway maintenance. 3. One hundred percent (100%) of the total cost of said improvement, be hereafter assessed upon the property receiving the improvements (according to the assessment basis set out in the petition): The property owners of that portion of The Knolls Subdivision fronting on Wind Bluff Court. 4. Within 30 days of publication of notice of confirmation of the final assessment roll, the assessments herein provided for shall be payable in full, or ifany property owner shall SO elect, such owner shall have the option of paying the assessment in ten (10) equal annual installments, said installments to bear . Ap public hearing on all matters covered by this resolution shall be held at 7:00 p.m. on the 18th day of December, 2023, in the Board of Commissioners Meeting Room, 2nd floor of the Catawba County BE IT FURTHER RESOLVED that a copy. of the Notice of Preliminary Assessment Resolution and Public Hearing provided for in G.S. S 153A-191 be published in the Hickory Daily Record as described in said The County, and its officers, agents and attorneys are hereby directed to take any further actions as may be required by the laws of the State of North Carolina to perform the matters and things directed by this  top coat of asphalt 1.5 inches thick will be installed;  interest at the proposed rate of 1.5% percent per annum.  Justice Center, 100 Government Dr. in Newton, North Carolina.  subsection of said General Statutes.  Resolution.  652    November 20, 2023, MB#56  Adopted the 20th day of November, 2023. A copy of the NCDOT Acceptance Letter is hereto attached:  653    November 20, 2023, MB#56  STATEOFNORTICAROINA DEPARTMENT OF TRANSPORTATION  Roy COOPER GOVERNOR  J.ERICBOYETTE SECRETARY  October11,2023 Mr. Pete Shonka, P.E. Utilities & Engineering Director 25 Govemment Drive Newton, NC 28658 Dear Mr. Shonka,  This letter is in response to your inquiry about the acceptance of Wind BluffCourt in the Knolls Subdivision in Catawba County. Once all items on the punch list have been corrected and the District Office has confirmed that the repairs meet] NCDOT's Minimum Standards for Addition. Thel District Office will move forward with the addition paperwork for Wind] Bluff Court and then submit and recommend thes street for addition tol NCDOT's Secondary Road Maintenance System. Ify youl have any further question  please let us know.  Sincerely, Docusignedby: Taavis Rfordan 16B5E303564F6. Travis R. Jordan, P.E. District Engineer Division 12, District 3 TRJ:jlk Cc:file  Mailing Address: NCD DEPARIMENT OFT TRANSPORTATION DISTRICTSOFFICE 10311 EAST GASTONS STREET LINCOLNTON, NC2 28092  Telephone: 704-748-2400 Fax: 704-748-2403 Customer Service: 1-877-368-4968 Website: nedot.gov 654    November 20, 2023, MB#56  A copy of the Knolls Wind Bluff Road Improvement map is hereto attached:  655    November 20, 2023, MB#56  27 E 28 Plat21-162 9505  CATAWBA COUNTY UTILITIES & ENGINEERING THE KNOLLS SUBDIVISION Road Improvement Project catawba county  20 6675 1137 Plat 16-248 286.00  50,00  21 Plat21-162  1.26A 6438 " 240.70  106.84 ORCHARA 9 9 S  WFONE 23 1.46A JOEYDALE 4360  RAICUFFE BRANDONT 22 6299  171.59  5  915  243.00  BLR  AINDIE 6 2.83 .00 15 1.28A 6914 LAILPAULR B 25 18500 30 1.03A 5701 e  ReccditionRood Snuctues Torspotalicalger  13500  UNVERFEHRT ss VILAN EOWARD 1.39A 4052  GANTT . CHARIES MIGAEL 8918 26 194.40  24 110.00  S 4  69.89  27  8748  AbessPviats I0'Mates  Gel,5 Sieams Shouldar GmpleenGass hridkio  170.00  Tibigsishet 656    November 20, 2023, MB#56  A copy of the Wind Buff Court Certificate of Sufficiency is hereto attached:  CERTIFICATE AST TOS SUFFICIENCY OFF PETITIONI FORI IMPROVEMENT  TO:1 THECATAWBA COUNTYI BOARD OF COMMISSIONERS  I,Peter Shonka, Director of Utilities and Engineering for Catawba County, North Carolina, do hereby certify that the attached petition of property owners for the improvement of Wind Bluff Court/ The Knolls Subdivision was lodged with me on the: 3rd day of July, 2023; that Ihave investigatedt thes sufficiency ofthes saidy petition; and thatt ther result ofmyi investigationi isa asf follows: 1. The totalr number ofo owners oft thel lands abutting upon thes street ors streets or part ofs street ors streets proposed by the said petition to bei improved is 5.1 The number ofs said owners whos signedt thej petitioni is4,ar number equal tog greatert than 75 percent. 2. Thet total number ofl lineal feet off frontage ofs said lands upont thes street ors streets orp part of street ors streets proposed! by thes saidj petitiont tob bei improvedi is 529.061 feet. Thei number of the said lineal feet off frontage represented by the property oft the said. owners who signed thej petitioni is4 463.321 feet, a distancee equalt tog greater than 75 percent ort thei frontage ofthe 3. Ifind that the said petition is in all respects sufficient and in conformity with all the requirements of Chapter 153A-205 oft the General Statutes ofl North Carolina. I1 find also that the street (ors streets) (or part ofas street ors streets) proposed by thes said petition tob be improvedi is (or are) orl has been (orl have been) definitely laido out, andt that theb boundaries  lands abutting thes areat tob bei improved.  oft the samel havel been definitely fixed. IN WITNESS THEREOF, Iaffix my hand ands seal. This the 11th day ofOctober, 2023.  AomslL Peter M. Shonka, Director Utilities andI Engineering  C. The Policy and Public Works Subcommittee recommended the Board of Commissioners adopt a Resolution approving the abandonment of a 38-mile portion of Old Maiden Road, pursuant to a Petition filed Old Maiden Road is located off of Zeb Haynes Road. The Maiden Town Council approved a rezoning request by Microsoft in 2022. The company is now requesting that a. 38-mile portion of Old Maiden Road be abandoned and removed from State maintenance in order to develop the property as planned. The portion  with the North Carolina Department of Transportation by Microsoft Corporation.  oft the road to be abandoned terminates at a cul-de-sac on the property.  657    November 20, 2023, MB#56  The property owners submitted the attached Petition to DOT, and DOT is required to get the Board's approval before abandoning any road in the State-Maintained System within the County's jurisdiction.  The following resolution applies:  RESOLUTION 2023-39  RESOLUTION AUTHORIZING THE ABANDONMENT OF Al PORTION OF OLD MAIDEN ROAD (SR #2117)  WHEREAS, Microsoft Corporation owns property adjoining Secondary Road #2117, known as Old Maiden Road, and petitioned the North Carolina Department of Transportation ("NCDOT") to abandon a portion of said road from the State Maintained System, the portion being described as the 0.38 miles of roadway WHEREAS, NCDOT has submitted to the Catawba County Board of Commissioners a request for a review WHEREAS, staff has reviewed the request, confirmed the property owners requested the abandonment, and THEREFORE, BE IT RESOLVED the Catawba County Board of Commissioners has reviewed this request and recommends to the North Carolina Board of Transportation the abandonment of the Road. Upon motion made by Commissioner Austin Allran the above resolution was unanimously adopted by the Board of Commissioners of Catawba County on the 20th day of November, 2023. A copy of the NCDOT Abandonment Letter & Packet is hereto attached:  shown on Exhibit A attached hereto ("Road"); and and recommendation for the road abandonment; and have no objections to the abandonment of the Road.  658    November 20, 2023, MB#56  STATE OFI NORTHCAROLINA DEPARTMENT OF TRANSPORTATION  Roy COOPER GOVERNOR  J.ERICBOYETTE SECRETARY  November 7,2023 Mr. Dale Stiles Clerk tot the Board Catawba County 25 Govemment Drive Newton, NC: 28658 Dearl Mr. Stiles,  RE: Abandonment of SR 2117, Old) Maiden Road- - Catawba County  Attached. are copies oft the. Abandonment Petition and] Maps for review by the Catawba County Board of Commissioners. This Abandonment is at the request oft the property owners for the Please place this matter on the agenda for review and consideration at the next scheduled: meeting. Oncet thel Board takes action, we would: appreciate an official copy oft thet resolution documentation. Should there be any questions, please contact thel District Office at' 704 7482400.  purpose of abandoning an unusedroadwayi from the state system.  Sincerely, -Docusignedby: Taavis Rfordan Pravis-RpJerdan, P.E. District. Engineer Division 12, District3 TRJjlk  659    November 20, 2023, MB#56  Date Petition Received by NCDOT:  North Carolina Department of Transportation  Division of Highways Abandonment Petition  North Carolina County of CATAWBA  Petition request fort the abandonment of Secondary Road  SR2117  fromi the State.  Maintained System  We the unders signed, being all oft the property owners on Secondary Road Transportation to abandon the road from the State Maintained System.  SR2117  in  CATAWBA County do! herebyr request the Division of Highways oft the! Department of  PROPERTY OWNERS  Printed Name and Signature Micrgsoft Corporation CaE S//23 Chss Sandor Serer Direkr  Address  1Microsoft Way, Redmond, WA9 98052  WILL SARBAUGH WOTARYPUBICHPIURES STATEOFWASHINGTON COMMISSIONI EXPIRES AUGUST19, 2025  Form SR-3 (8/2022)  660    November 20, 2023, MB#56  North Carolina Department of' Transportation Secondary Road Abandonment Investigation Report  Division ofl Highways  County Catawba Township Newton  Co. Filel No. 455 Div. File No.  Date Div.# 12  SRI No. & Local Name If Any Length Tol Be Abandoned 0.38 Width 18 Number of homes having entrances into road 0 Other uses having entrances into road Ist the road as school bus route? Average Daily Traffic Count (estimated) Date oflast State maintenance performed Is the road at mail route? Aret there any bridges, pipe > 48"orr retaining walls No present in the right ofway? Isaj petition fort this request attached? Is the County Commissioners' Approval attached? Ifnot, give reason Additional information applicable  SR 2117, Old Maiden Rd Length' To Be Retained 0  Type AST  Condition Good  0 No 0 N/A No  Yes  Submitted by  Reviewed and Approved  DISTRICTI ENGINEER DATE  DIVISIONENGINEER  DATE  Reviewed and. Approved Signature and Date BOARDOF' TRANSPORTATIONA MEMBER  Do not write in this space- For Use by Secondary  Roads Unit  Petition #  Form SR-5 (August 2022)  661    November 20, 2023, MB#56  MN  STATE OF NORTH CAROLINA COUNTY OF CATAWBA  PETITION  TO THE MEMBERS OF THE TOWN COUNCIL OF THE TOWN OF  MAIDEN, NORTH CAROLINA Microsoft Corporation  (name of petitioner)_  respectfully files  this Petition and requests that (a portion or all of),  (name of street or location of alley). westward to the cul-de-sac  Old Maiden Road SR 2117  lying (general description ofl location). From Zeb Haynes Road intersection attached hereto and made a part hereof marked "Exhibit A", be closed provisions of Chapter 160A, Section 299, subsection (a) of the In support of this Petition, your petitioner respectfully alleges that: 1. (give reason forr requested closing). MS Corporation owns both sides of the abandon street and would like to control access to the property  as shown on the map  and abandoned in accordance with the General Statutes of North Carolina.  due to the confidential nature of the campus etc.) is not contrary to the public interest.  2. The closing of  Old Maiden Road  (Street, Avenue, Drive,  662    November 20, 2023, MB#56  3. No individual, partnership or corporation owning property in the vicinity of Old Maiden Road (Street, Avenue, Drive, etc.) or in subdivision in which it is located will be deprived of reasonable m ofi ingress and egress to his/her or its property by virtue of the clc 4. The street (or portion thereof) which petitioner requests be clo: and abandoned is more particularly described by interested bour "Exhibit B", attached hereto and made a part hereof.  Respectfully submitted the 31* day of Auguct  2023  Pab  (signature of petitioner)  MS Corporation -Chris Sander = Senior Director  (Print Name)  Address: 1Microsoft Way, Redmond WA 98052  Telephone Number:  4LF-706-7191  663    November 20, 2023, MB#56  664    November 20, 2023, MB#56  P.20361 Charlotte Land Dev AZ03 Town of  Maiden Closure Petition  Final Audit Report Created: By: Status: Transaction! ID:  2023-08-10  2023-08-08 Approved  Microsoft CO+ILand àrid! Energy Contracting COLmEwOmacaLCN, CANCABCABNASGNAeelossAtTADIOA  "P.20361 Charlotte Land Dev AZ03 Town of Maiden Closure Pe Dacument created! byN Microsoft CO+11 Land and Energy Contracting COlmfnato/tmacscom  tition" History  2023-08-08- -9:58:53 PMC GMT-IPE address: 20.1 109.202.36   Document emailedt to Sid. Janga eiange@mcoson.com, for approval Email viewed by Sid. Janga edange@migosol.com, 2023-08-09- 10:42:32 PMC GMT- IP address: 104.47.53.254 Document approved by Sid. Janga edenge@microsolt.com) Approval Date: 2023-08-09-1 10:42:431 PMG GMT- Time Source: server-I IPa address: 73.166.55.25 % Document emailed to Sam Winninghoff CELA(6winninghotitmicrosolt.com) for approval Email viewed by Sam' Winninghoff (CELA) Gmmirgharemcpaotcom, Document approved by Sam Winninghoff (CELA) Gwmirgpor@mecotom, Approvall Date:: 2023-08-10-1 11:26:24 PMC GMT Time Source: server- IPE address: 174.21,69.128  2023-08-0B-9:59:491 PMC GMT  2023-08-09- 10:42:45F PMC GMT  2023-08-10- 11:26:03F PMG GMT-IP address: 104.47.53.254  Agreement completed. 823ABAD-12824PMGMT  Poeredby Acrobats Sign  Microsoft Adobe  665    November 20, 2023, MB#56  OLD MAIDEN ROADS STREET CLOSING DESCRIPTION:  COMMENCING/ ATA1/2" EXISTING IRON PIPE (HAVING: STATE PLANE COORDINATES N: 676163.37 E:1 1336739.71/THENCE: HEADING' TOWARDS THE INTERSECTION OFZ ZEBI HAYNES ROAD1 120' PUBLIC RIGHT-OF-WAY, AND OLDI MAIDEN ROAD: 30' PUBLICH RIGHT-OF-WAY N72°33'30"E E, ADISTANCE OF 120.51'TOA CALCULATED POINT (HAVING STATE PLANE COORDINATES N: 676199.49 E:1336854.68') SAID CALCULATED. POINT BEING THE TRUE POINT THENCE RUNNING IN A CLOCKWISE DIRECTION. AND CROSSING THE LAND CONVEYED TO MICROSOFT CORPORATION (D.B. 3785 PG. 1023) N 46°48'38" W, Al DISTANCE OF 422,01'; THENCE ALONG THE ARC OF A CURVE TO THE LEFT! HAVING. A RADIUS OF 804.44', AC CHORD THAT BEARS N 58°44'58" W, ACHORD DISTANCE OF 358.45'; THENCE N7 71°53'39" W,A DISTANCE OF 224.51';1 THENCE ALONG THE ARC OF A CURVE TO1 THE LEFTH HAVING. AF RADIUS OF 314.42, A CHORD THAT BEARS $77*29'55" W, A CHORD DISTANCE OF 308.48'; THENCES 49°15'08" W, AD DISTANCE OF 767.59; THENCE: S77°04'18" W, AD DISTANCE OF: 172.21; THENCE N12°55'42" W, Al DISTANCE OF 40.00'; THENCE N 77*04'18" E, ADISTANCE OF 162.31'; THENCE N4 49°15'08" E, ADISTANCE OF 757.30'; THENCE ALONG THE ARC OF ACURVE TO THE RIGHT HAVING. AI RADIUS OF 354.42, AC CHORD' THAT BEARS N77°3402" E, AC CHORD DISTANCE OF 347.75'; THENCE: S71°53'39" E, AI DISTANCE OF 225.02'; THENCE. ALONG THE. ARC OF. AC CURVE TO THE RIGHT HAVING Al RADIUS OF 844.44, AC CHORD THAT BEARS: S5 58°45'50" E,A ACHORD DISTANCE OF 376.04'; THENCE TOWARDS THE INTERSECTION OFZ ZEB HAYNES ROAD 120' PUBLIC RIGHT-OF-WAY. AND OLDI MAIDEN ROAD: 30' PUBLIC RIGHT-OF-WAYS4 46°48'38" E,AD DISTANCE OF 434.32;THENCE CROSSING: SAID RIGHT OF WAY OF ZEB HAYNES ROADS S 43°09'49" W, A DISTANCE OF 17.53;THENCE: S72°33'30" W, AI DISTANCE OF: 25.78' TO THE TRUE POINT OF  OF BEGINNING,  BEGINNING.  CONTAINING 2.11 ACRES OF LAND, MORE OR LESS  666    November 20, 2023, MB#56  Old Maiden Rd 0.38 miles  Esrl,0 MERE, Gamin, Qustdenerature Endt (eGIE usEr GOMEnLIIy, Seurcerl Esfi, Mexer, artwErCtqrwAleEmG  GeGIB User Gomurigy  667    November 20, 2023, MB#56  d. The Tax Administrator recommended the Board of Commissioners approve 105 releases totaling $91,744.13, three refunds totaling $24.11 and 61 Motor Vehicles Bill adjustments I refunds totaling North Carolina General Statute 105-381(b) states upon receipt of a taxpayer's written request for release or refund, the taxing unit's governing body has 90 days to determine whether the taxpayer's request is valid and to either approve the release or refund of the incorrect portion or to notify the taxpayer in writing that no During the month of October, Tax Office staff has checked records and verified the legitimacy of one hundred five (105) release requests totaling $91,744.13, three (3) refunds totaling $24.11 and sixty-one (61) Common reasons for release of tax bill amounts include change in values and months, change in situs, businesses closing / being sold, clerical errors, listing errors and material changes in property structures. The refunds were due to change in mobile home structure. The motor vehicle bill adjustments are largely due to pro-ration of tax bill amounts to account for mid-year transfers of ownership, change in values and Consistent with current practice, the Tax Collector will continue to present any material refunds or releases of significant dollar amounts individually, rather than bundled together with other minor transactions on  $7,624.52 requested during the month of October.  release or refund will ber made.  Motor Vehicle Bill adjustments /refunds totaling $7,624.52.  change in situs. (A detailed transaction summary ofi individual transactions is attached.)  consent agenda.  A copy of Summary Releases/Refunds is hereto attached.:  668    November 20, 2023, MB#56  COMMISSIONER: APPROVAL OFF RELEASES &F REFUNDS TIME PERIOD: October1 1,2 2023 Thru October31,2023  PROCESSED: November 20, 2023 MOTORVEHICIENCVIS  REGULAR RELEASES REGULARI REFUNDS  NEW MOTOR VEHICLESYSTEMI REFUNDS (VTS)  MOTORVEHICLE REAL &PERSONAL TOTALS MOTORY VEHICLE REAL &PERSONAL TOTALS  $0.00 $91,744.13 $91,744.13 $0.00 $24.11 $24.11 $91,768.24  $7,624.52  COUNTYGRAND TOTAL  RANDYI ISENHOWER CHAIRMANOFI THE BOARD CATAWBAG COUNTY BOARDOF COMMISSIONERS  The consent agenda items came in the form of a motion by Chair Isenhower, which carried unanimously. 9. Other Items of Business. Chair Isenhower made a motion to reconsider and rescind Nancy Miller's appointment to the Library Board of Trustees that was made at the last Board meeting on November 6th, 2023. The motion to rescind Ms. Miller's appointment passed by a 4/1 vote with Chair Isenhower, Vice-Chair Allran, and Commissioners Abernethy and Setzer in favor. Commissioner Beatty opposed the motion. Chair Isenhower made a motion to appoint Katherine "Katie" Davis Perkins for a first term to the Library Board of Trustees, with a term expiration of June 30, 2027. The motion passed by a 4/1 vote with Chair Isenhower, Vice-Chair Allran, and Commissioners Abernethy and Setzer in favor. Commissioner Beatty  opposed the motion. 10. Manager's Report. None. 12. Attorney's Report.  Staff recommended the Board of Commissioners approve the Property Transfer Agreement for the purpose The County owns a tract of land ("Tract 1") located at or near 3rd Avenue SE, Hickory, NC, and recorded in Deed Book 3839, Page 1845, Catawba County Registry. This parcel was purchased as a potential site for  of exchanging real property with Catawba' Valley Medical Center ("CVMC").  an EMS base.  669    November 20, 2023, MB#56  CVMC owns, and County holds title of record to, a tract of land ("Tract 2"), located at or near E. Avenue SE and F Avenue Drive SE, Hickory, NC, and recorded in Deed Book 3436, Pages 0111 and 0105, Catawba County Registry. Although CVMC is an enterprise of the County, it maintains separate books and records, Staff believes Tract 2 is al better site for an EMS base and recommends exchanging Tract 1 for CVMC's Tract 2.  including a separate balance sheet and other financial statements.  This property exchange is contingent on approval by the CVMC Board of Trustees.  Thei following agreement. is approved:  PROPERTY TRANSFER AGREEMENT  THIS PROPERTY TRANSFER AGREEMENT (the "Agreement"), is made and entered into as of this the day of November, 2023, by and among Catawba Valley Medical Center ("CVMC"), a hospital facility created by Catawba County in accordance with Article 2 of Chapter 131E of the North Carolina General Statutes, and Catawba County, a North Carolina body politic (the "County"). CVMC and County may hereinafter be referred to individually as a "Party" and collectively as the Parties." Although CVMC is an enterprise of the County, it maintains separate books and records, including a separate balance sheet and other financial statements. Pursuant to its organizational documents, CVMC has the authority to acquire real  property on its financial account but in the name of the County.  BACKGROUND  A. County owns a certain tract of land ("Tract 1") located at or near 3rd Avenue SE, Hickory, NC, being more fully described on Exhibit A attached hereto and incorporated herein by reference and also B. CVMC owns, and County holds title of record to, a certain tract of land ("Tract 2"), located at or near E Avenue SE and F Avenue Drive SE, Hickory, NC, being more fully described on Exhibit A attached hereto and incorporated herein by reference and also recorded in Deed Book 3436, Pages 0111 and C. County and CVMC desire to exchange Tracts 1 and 2 for the consideration and on the terms set forth int this Agreement. The County will remain the record owner of both tracts, this exchange is intended to transfer the economic interest in each of the two Tracts from one set of books and financial statements NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the  recorded in Deed Book 3839, Page 1845, Catawba County Registry.  0105, Catawba County Registry.  to the other.  AGREEMENT  parties hereto, intending to be legally bound, hereby agree as follows:  ARTICLEI. TRANSFER OF PROPERTY  1.01 Property to Be Transferred. Upon the terms and subject to the conditions set forth in this Agreement, County shall transfer to CVMC Tract 1, and CVMC shall transfer to County Tract 2, free and clear of any encumbrance, along with any due diligence information the Parties are in possession of related 1.02 Liabilities. The Parties will not assume or otherwise be responsible for any liabilities of the other 1.03 Consideration. The Parties agree no additional consideration is owed to either Party as a result of  to the Tracts. Party.  the exchange of Tracts 1 and 2.  ARTICLE II. 670    November 20, 2023, MB#56  REPRESENTATIONS AND WARRANTIES  2.01 Property. (a) subject to any third party agreements. (b) expressly set forth herein. 2.02 Legal Proceedings: Orders.  The Parties own and have good title to the Tracts, free and clear of encumbrances and not The Tracts are being transferred "AS-IS" and "WHERE IS" with no warranty except those  The Parties are aware of no orders or legal proceedings pending or threatened that may affect the 2.03 Permits. The Parties acknowledge no permits are being transferred as part of this Agreement.  ability of the Parties to performance under this Agreement.  2.04 Environmental Matters. oft the date oft this Agreement.  (a) (b) (c) (d)  The Parties have not received, any: (i) environmental notice or claim; or (i) written request To the best of the Parties' knowledge, there has been no release of hazardous materials in To the extent related to the Tracts, the Parties have not retained or assumed, by contract or The Parties have provided or otherwise made available to each other any and all  for information, remaining unresolved, creating ongoing obligations or requirements related to the Tracts as contravention of environmental law with respect to the ownership, lease, operation or use of the Tracts. operation ofl law, any liabilities or obligations oft third parties under environmental law.  environmental reports, studies, audits, records, sampling data, and site assessments and other similar  documents related to the Tracts.  ARTICLE III. TERMINATION ARTICLE IV. GENERAL PROVISIONS  CVMC and County may terminate this Agreement at any time by mutual written consent.  4.01 Survival. All representations, warranties, covenants, and obligations in this Agreement will survive 4.02 Notices. Any notice provided for in this Agreement shall be in writing and shall be either personally delivered, or received by certified mail, return receipt requested, or sent by reputable overnight courier service (charges prepaid) to the recipient at the address indicated below or at such address or to the attention of such other person as the recipient party has specified by prior written notice to the sending party.  the consummation oft the transactions contemplated hereby.  IftoCVMC:  Catawba Valley Medical Center 810 Fairgrove Church Road SE Hickory, NC 28602  Ifto County:  Catawba County, North Carolina Attn: County Manager 25 Government Drive Newton, North Carolina 28658  4.03 Entire Agreement: Modification. This Agreement, together with any Exhibits, constitutes the entire agreement among the Parties and supersedes all prior agreements between the parties concerning the  subject matter hereof. Any amendment must be in writing signed by each of the Parties.  671    November 20, 2023, MB#56  4.04 Governing Law. This Agreement, and any claims arising thereunder, will be governed by and 4.05 Dispute Resolution. In the event of any dispute, controversy or claim arising between the Parties relating to this Agreement, the Parties shall attempt to resolve such dispute among themselves within thirty (30) calendar days from the date either party sends written notice of such dispute to the other party. 4.06 Indemnification. To the extent permitted by North Carolina law, the Parties agree to indemnify and save harmless the other Party, its commissioners, employees, agents and representatives from any and all liabilities and claims ofe every kind, including attorney's fees, to which the indemnified party may be subjected on account of loss, destruction or damage to property or injury to or death of persons arising out of or in IN WITNESS WHEREOF, each of the parties has executed this Property Transfer Agreement as of the date  construed under the laws oft the State of North Carolina, with venue in Catawba County.  connection with performance of this Agreement.  first above written.  COUNTY:  Catawba County, North Carolina Name: C. Randall senhower  By:  Title: Chair, Catawba County Board of Commissioners  CVMC:  Catawba Valley Medical Center  By: Name: Title:  672    November 20, 2023, MB#56  THIS INSTRUMENT has been pre-audited in the manner required by the Local Government Budget and  Fiscal Control Act as amended.  Date:  Mary Morrison, Chief Financial Officer Grant Name & Number (if applicable): N/A  Account Number: Amount: $ N/A  APPROVED AS TO FORM  Date:  Jodi Stewart, County Attorney  673    November 20, 2023, MB#56  ExhibitA  A. TRACT!:  Description from Deed Book 3839, Page 1845  LEGAL DESCRIPTION ATTACHMENT TO WARRANTY DEED FROM JOJIDA, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY, GRANTOR, TO CATAWBA COUNTY, A BODY POLITIC, DATED BEGIN at existing mag nail found just north of the pavement 3rd Avenue SE in the City of Hickory, North Carolina, said beginning point being located North 85° 25' 08" East 10.78 feet from a manhole at the edge of the pavement, and said beginning point being located in the eastern right of way line of 8th Street Place SE at its intersection with 3rd Avenue SE; AND RUNNING THENCE FROM SAID POINT OF BEGINNING with the eastern right of way line of 8th Street Place SE, North 06° 18' 43" West 94.68 feet to a new iron pin half inch rebar, same being located North 89° 10' 51" East 21.37 feet from an existing iron pin set on the western right of way line of 8th Street Place SE; continuing with the eastern right of way line of gth Street Place SE, North 06° 37' 43" West 279.59 feet to a new iron pin set on the southern line of other property of Jojida, LLC, see Tract II, Deed Book 2323, Page 1140, Catawba County Registry (survey makes reference to Deed Book 2460, Page 996, and that is an error); said new iron pin being located South 55° 41' 41" East 11.83 feet from a sewer manhole; thence with the southern line of Jojida, LLC, South 87° 16' 08" East 410.19 feet to a control corner existing iron pin nail at al bent % inch pipe just west of the pavement of gth Street SE; thence a line just west of the pavement of gth Street SE in part, South 16° 06' 14" West 323.68 feet to a mag nail set within the pavement at the intersection of gth Street SE and 3rd Avenue SE; thence in part with the pavement of 3rd Avenue SE, South 78° 20' 58" West 129.97 feet to a new iron pin at the southwest corner of Lot 3of Plat Book 6 at Page 36 in the eastern right of way line of a 20' alleyway (now closed); thence with the southern terminus of the 20' alleyway (now closed) and within the right of way of 3rd Avenue SE, South 78° 20' 58" West 20 feet to an existing iron pin, southeast corner of Lot 1, Plat Book 6 at Page 36; continuing same bearing South 78° 20' 58" West 47.50 feet to an existing small pk nail, southwest corner of Lot 1, Plat Book 61 Page 36; continuing South 89° 01'33" West 83.87 feet to the POINT OF BEGINNING and containing 2.720 total acres, more or less, and being identified as Tract "A" on a Boundary, Recombination and Location Survey of Existing Parcels of Land for "Catawba County" property currently owned by' Jojida, LLC" The above described property includes all of Lots 1 through 14 of the property of Mrs. P.M. Smith, Plat Book 6 at Page 36, Catawba County Registry; Tract IV, Parcel 2 of Deed Book 2323 Page 1440; Deed Book 2736 Page 1088; Tract III of Deed Book 2323 Page 1140; Deed Book 2921 Page 1456; Deed Book 2911 Page See also Resolution by the City Council of the City of Hickory, recorded October 24, 2023, in Book 3838 at Page 416, Catawba County Registry, closing the 20' alleyway located between Lots 1 and 2 (on the west)  OCTOBER 24, 2023  by Darrin L. Reid, Professional Land Surveyor, same being dated September 17, 2023.  1556.  and Lots 3, 11, 12, 13 and 14 (on the east), Plat Book 6 at Page 36. TRACT 1- -Description from Deed Book 3436, Page 0105  B. TRACTI:  BEGINNING at a power pole located in the northern margin of the right-of-way of F Avenue Drive SE, a corner to the property of AMMCO, LLC described in a deed recorded in Book 2168, Page 495, thence with the northern margin of the right-of-way of F Avenue Drive SE for three (3) calls: (1) South 75° 14' 02" West 73.18 feet to a new %" iron pin; (2) South 74° 31'54" West 6.72 feet to a new iron pin; and (3) South 73° 28' 54'V West 171.80 feet to a new %" iron pin; thence with the right-of-way of the intersection of F Avenue Drive SE and 8th Street Drive SE ("Lenoir-Rhyne Boulevard SE") North 75° 28' 09" West 59.67 feet to a new %" iron rebar located in the eastern margin of the 100 foot right-of-way of Lenoir-Rhyne Boulevard SE; thence with eastern margin of the 100 foot right-of-way of Lenoir-Rhyne Boulevard SE for two (2) calls: (1) North 1° 51' 13" East 44.77 feet to a new %" iron rebar; (2) with a curve to the right having a radius of 2845.28 feet, a chord bearing of North 03° 29' 35" East, al length of 184.70 feet, and an arc distance of 184.73 feet to a new %' iron rebar located in the right of way of thei intersection of Lenoir-Rhyne Boulevard SE and E Avenue SE;  674    November 20, 2023, MB#56  thence with the intersection of Lenoir-Rhyne Boulevard SE and E Avenue SE North 48° 53' 53" East 81.86 feet to an existing right-of-way disk; thence North 02° 01 46" East 35.17 feet to a point in the line of the right-of-way of NCDOT; thence North 75° 43' 03" East 32.98 feet to an existing right-of-way disk, the southwestern corner of the property of Claude T. Townsend acquired by deed recorded in Book 2264, Page 475; thence with the line of Townsend North 75° 43' 03" East 74.79 feet to an existing 3" iron pipe, the southeastern corner of the property of Townsend and the southwestern corner of the property of Burtons' WJ, LLC (Book 3056, Page 1739) and Wayne R. Kirby (Book 1981, Page 1468); thence with the line of Burtons' WJ and Kirby North 76° 07' 10" East 71.29 feet to an existing %" solid iron rod; thence South 09° 34' 17" East 36.45 feet to an existing X" iron pipe at a fence corner in the line of the property of AMMCO, LLC described in a deed recorded in Book 2168, Page 495; thence with the line of AMMCO South 09° 16' 55" East 275.10 feet to a power pole, the POINT OF BEGINNING, and containing 1.904 acres, more or less, according to a survey by Darrin L. Reid, PLS, dated August 31, 2017, to which survey reference is hereby BEGINNING at an existing 34" iron pipe in the northern line of the property of Burtons' WJ, LLC and Wayne R. Kirby described in a deed recorded in Book 3056, Page 1739 (Burtons' WJ) and Book 1981, Page 1468 (Kirby), said iron pipe being the southeastern corner of the property of Claude T. Townsend described in a deed recorded in Book 2264, Page 475, thence with the line of Townsend North 460° 17' 57" West 185.15 feet to a new % iron rebar located in the eastern margin of the right-of-way of 8th Street Drive SE; thence a curve to the right having a radius of 2843.70 feet, a chord bearing of North 10° 41' 08" East, a chord length of 33.42 feet, and an arc length of 33.42 feet to a new 1/2" iron rebar; thence North 55° 28' 43" East 2.46 feet to a new %" iron rebar, thence South 61° 54' 19" East 279.41 feet to a 60-inch white oak; thence South 75° 23' 44" West 53.39 feet to a %" solid rod, a corner to Tract I described above; thence with the northern boundary of Tract 1, South 76° 07' 10" West 71.29 feet to an existing 3'iron pipe, a corner to Townsend, the POINT OF BEGINNING, and containing 0.335 acres, more or less, according to a survey by Darrin L. Reid, PLS, dated August 31, 2017, to which survey reference is hereby made for greater certainty of description. BEGINNING at a new iron pin set in the eastern margin of the 100 foot right-of-way of 8th Street Drive SE ("Lenoir-Rhyne Boulevard SE"); thence a curve to the left having a radius of 2843.70 feet with a chord bearing of South 09° 42' 04" West, a chord distance of 64.3 feet, and an arc length of 64.3 feet to an existing right-of-way disk; thence North 41° 01'28" West 69.76 feet to a point within the right-of-way of Lenoir-Rhyne Boulevard SE; thence North 55° 06' 00" East 47.84 feet to a point; thence South 46° 17' 57" East 24.05 feet toa new iron rebar, the POINT OF BEGINNING, and containing 2,292 square feet, more or less, according a survey by Darrin L. Reid, PLS, dated August 31, 2017, to which survey reference is hereby made for 13. Adjournment. No further action was taken. Upon a motion)by Commissioner Beatty which unanimously  made for greater certainty of description.  TRACT2- Description from Deed Book 3436, Page 0105  Description from Deed Book 3436, Page 0111  greater certainty of description.  carried, the meeting was adjourned at 7:15 p.m.  - C Randy Isenhower, Chair Catawba County Board of Commissioners Dusldtio Dale R. Stiles County Clerk  SDae  675