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i
DOO I D :
028319360008 TVOe: CRP
Recorded; 05/04/2015 at 01 .'19:16 PM
Fee Amt: 826.00 Page 1 of 8
Revenue Tax: So,00
Workflow* 0000279017-0001
Buncombe Oountv. NO
Drew R e l s l n a e r R e o l s t e r of Deeds

There are no delinquent taxes that are a lien on

the parcel(s) described In this deed which the
Buncombe County Tax Collector Is charged
with collecting

Date

Tax Collectoi/'

BK5310P500-507

NORTH CAROLINA SPECIAL WARRANTY D E E D

iO.OQperN.C. Gen. Stat. ^105-228.28
Excise Tax;
Parcel Identifier No..
Verified by
. County on the
day of _
By:

-,20_

Mail/Box to:
This instrument was prepared by: Charles Russell Burrell
Brief description for the Index: 137.21 acres, Plat Book 50, Page 107

THIS D E E D made thisg< H

day ofMatch, 2015, by and between

GRANTOR

GRANTEE

COUNTY OF HENDERSON,
a body corporate and politic of
the State of North Carolina

C O U N T Y O F BUNCOMBE
a body corporate and politic of
the State of North Carolina

I Historic Courthouse Square, Suite 5

HendersonvUIe, N C 28792

200 College Street

Asheyille,NC 28801

The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall mclude
singular, plural, masculine, feminine or neuter as requfred by context.

WITNESSETH, that the Grantor, for the sum of Six Million Eight Hundred Fifteen Thousand Dollars
($6,815,000.00) paid by the Grantee, the receipt of which is hereby acknowledged, has and by these
presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of
land situated in Avery Creek Tovmship, Buncombe County, North Carolina and more particularly
described as follows:
CONTAINING 137.21 acres and being more particularly shown on that plat prepared
by Webb A. Morgan and Associates, P.A., dated June 21, 1994, and recorded in Plat
Book 50 at Page 107 in the Office of the Register of Deeds for Buncombe County, North

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Z-

Carolina, reference to which is hereby made for a more particular description; the above
desaibed land being conveyed to Grantor by that deed described in Book 2852, at Page
775 in the Office of the Register of Deeds for Buncombe County;
THIS D E E D IS SUBJECT to compliance with the Interlocal Agreement entered 16 April 2014 between
the County of Henderson and the City of Asheville, a copy of which attached hereto as an Exhibit, and
incorporated herein by reference.
TO HAVE AND TO H O L D the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as
Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons
claiming by, under or through Grantor, other than the following exceptions: None except as stated herein.
I N WITNESS W H E R E O F , the Grantor has duly executed the foregoing as of the day and year
first above writteo. ;
epUNTY OF HENDERSON

iOMAS H.THOMPSON
Chairman, Henderson County Board of Commissioners

lerk to the Board "of Commissioners

JOANNE MARTIN HINSON

Notary P u b l i c , North Carolina
H e n d e r s o n County
My C o m m i s s i o n E x p i r e s
Moy 2 3 . 2 0 1 8

State of North Carolina - County of Henderson

I, the undersigned Notary Public of the County and State aforesaid, certiiy that Thomas H.
Thompson personally came before me this day and acknowledged that he is the Chairman of the Board of
Commissioners of Henderson County, North Carolina and that by authority duly given and as the act of
such entity, he executed the foregoing instrument in the iwitpe of the BoanJ and on its behalf as its act and
deed. Witness my hand and Notarial stamp or seal, thisajthday of Clfr^ t jl
, 2015.
My Commission Expires
7

( j

Notary Public

The foregoing Certificate(s) of

,
is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and
in the Book and Page shown on thefirstpage hereof.
Register of Deeds for Buncombe County
Deputy/Assistant Register of Deeds

By:_

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iNTER-LOCAL AGREEMENT
T H I S A G R E E M E N T is made and entered into this /^'^^ day o f A p r i l , 2014, by and between
the County o f Henderson, a body corporate and politic o f the State o f N o r t h Carolina ("Henderson
County") and the City o f Asheville, a N o r t h Carolina municipal corporation ("Asheville"),
WITNESSETH;
W H E R E A S , the parties have the authority pursuant to Article 20 o f N C O S Chapter 160A to
enter into this Interlocal Agreement; and
W H E R E A S , Asheville has the authority pursuant to N C O S 160A-274 to convey mterests i n real
property to other governments upon such terms and conditions as i t deems wise, and such conveyance
may be w i t h or without consideration; and
W H E R E A S , Asheville and Henderson County are parties to several agreements regarding
regional water issues, includmg the "First Amended and Restated Water Supply and Water Service
Agreement" (the "1995 Agreement"); and
W H E R E A S , among the terms o f the 1995 Agreement are provisions regarding the "Brevard
Road Site", including the f o l l o w i n g (herein "Condition"):
22.0
Asheville shall convey the Brevard Road Site to Henderson County to permit Henderson
County to negotiate with MSD for sewer services, Henderson County shall either 1) convey the
Brevard Road Site to MSD in fee simple upon condition subsequent that a wastewater treatment
plat be constructed on the Brevard Road Site within ten (10) years ofthe date of such conveyance,
or else title shall revert automatically to Asheville; or 2) convey saidproperty to a regional water and
sewer authority of which Henderson County, the Authority, and Asheville are a part. In the event
that Henderson County shall not perform numbers 1) or 2) above within ten years from the date of
conveyance ofthe Brevard Road Site to Henderson County, Henderson County shall convey the
Brevard Road Site back to Asheville in fee simple absolute.
[the "Brevard Road Site" is that real estate located at Ferry Road, Asheville, Buncombe County, N o r t h
Carolina, consisting o f approximately 137.21 acres more particularly described i n Deed Book 2152,
Page 4, and i n Plat Book 50 Page 107 o f the Buncombe County Register o f Deeds, and referred to herein
as "the Real Property"]; and
W H E R E A S , pursuant to a Consent Judgment entered i n Buncombe County Superior Court i n
2002 (file number 01 CVS 344), the Real Property was conveyed by Asheville to Henderson County by
deed recorded July 15,2002, to Book 2852, Page 775, Buncombe County Registry, which deed
incorporated the Condition i n language consented to b y the parties; and
W H E R E A S , the parties caused to be recorded an Extension o f Condition on June 14, 2012, i n
Book 4990, at Page 1259, m the Buncombe County Registry, extending the condition noted i n B . , above,
for an additional period o f t w o (2) years, ending July 15,2014; and
W H E R E A S , the parties wish to m o d i f y and extend the Condition consistent w i t h the terms set
out i n this Agreement;

00136488.d(!cx

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If

N O W , T H E R E F O R E , i n consideration o f the premises and the sum o f $10.00 paid by

Henderson County to Asheville, the receipt and sufficiency o f which is hereby acknowledged, the parties
do covenant and agree as follows:
1.

Asheville w i l l cause a further t w o year extension o f condition (herein "Second Extension")

to be executed and recorded, the terms o f which shall be substantially similar to the
condition recorded June 14,2012;

2.

W i t h i n the time provided f o r i n the Second Extension, Henderson County shall undertake to
secure a Purchase and Sale Agreement f o r the Property at a purchase price not less than the
fair market value o f the property as established by an independent M A l - c e i t i f i e d appraisal;

3. A n y conveyance o f the Property shall be pursuant to N C O S 158-7.1, and shall be subject to

the following;
a. Specific conditions or covenants on the use o f the property f o r an economic
development purpose, pursuant to N C G S 158-7.1.
b. A n easement i n the name o f the City o f Asheville f o r use as a greenway and related
recreational purposes. T o this end, the City shall undertake to identify the route,
location and dimensions o f said greenway, consistent w i t h the City's Greenway
Master Plan.
4.

Henderson County and Asheville shall divide the proceeds f r o m the sale equally;

5. Asheville shall cause its share o f said proceeds to be paid over to Buncombe County f o r use
f o r public safety purposes;
6. Henderson County shall use its share o f said proceeds f o r the purchase and construction o f a
local law enforcement training center ("the Training Center"). The design and scope o f the
Training Center shall be at the discretion o f Henderson County, and may include a live
ammunition weapons framing area.

This Agreement is subject to the fiirther condition that, prior to the conveyance contemplated
herein, legislation must be enacted by the N o r t h Carolina General Assembly that either (1) ratifies this
Agreement, or (2) reheves Asheville and Henderson County o f compliance w i t h the provisions o f Article
16 of N C G S Chapter 160A, and the provisions o f N C Sess. L . 1933-399, N C Sess. L . 2005-139, a n d N C
Sess. L , 2005-140 (also k n o w n as the "Sullivan Acts"), regarding the disposition o f proceeds f r o m t l i e
sale o f public enterprise property.
Henderson County may, but is not requffed to, cause this Agreement, or a memorandum
thereof, to be recorded i n the Buncombe County Registry.
T o the extent that compliance w i t h N C G S 153A-15 is required i n connection w i t h this
Agreement, Henderson County shall cause said statute to be compUed w i t h .
This Agreement shall be ratified by the Q t y Council o f Asheville and the Board o f
Commissioners o f Henderson County, and a copy thereof shall be spread upon the minutes o f b o t h
bodies.
I N W I T N E S S W H E R E O F , the parties have executed this Agreement, the Grantor b y causing it
to be signed i n its corporate name by its M a y o r and attested by its City Clerk, and sealed w i t h its
corporate seal, and the Grantee by causing i t to be signed by the Chairman of its Board o f
00136488.doCTi

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Commissioners and attested by the Clerk to the Board o f Commissioners and sealed w i t h its seal, o n the
day and year first above written.
[signature page follows]

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O0136488.dou

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CriYOFASHEVILLE

Attest;

By:_
MagdaleA Burleson, City Clerk
(official seal)

ESTHER E. M A N H E I M E R , Mayor

HENDERSON COUNTY BOARD

OF COMMISSIONERS
Attest;

By:_
the-Board

CHARLESlSTMES^Ri^haman

(official seal);'

A P P R O V E D 4S T O F O R M ;

Henderson County Attorney

AsheviUe City Attorney

0013M88.docx

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MODIFICATION OF INTER-LOCAL AGREEMENT

THIS M O D I F I C A T I O N OF I N T E R - L O C A L A G R E E M E N T is made and entered into this
/ S ^ day o f April, '2015, by and between the County of Henderson, a body corporate and p61itic o f the
State o f North Carolina ("Henderson County") and the City of Asheville, a North Carolina municipal
corporation ("Asheville").
WITNESSETH:
WHEREAS, the parties have previous entered into an Inter-local Agreement pursuant to Article
20 of NCOS Chapter 160A (the "Agreement"), dated 16 April 2014; and
W H E R E A S , the Agreement specifies the use to which Henderson County can put its share o f
the proceeds f r o m the sale o f certain real property; and
WHEREAS, Asheville and Henderson County wish to modiiy the Agreement as stated herein;

N O W , THEREFORE, i n consideration o f the premises and the sum of $10.00 paid by

Henderson County to Asheville, the receipt and sufficiency of which is hereby acknowledged, the parties
do covenant and agree that Paragraph 6 (found on Page 2) o f the Agreement is modified by striking the
first sentence o f the same, and inserting in lieu thereof the following;
6.

Henderson County shall use Its share of the proceeds for any lawful

purpose,

including but not limited to the purchase and construction of a law enforcement
center ("the Training

training

Center").

Except as expressly modified hereby, the Agreement (including the remainder o f Paragraph 6
other than the previous first sentence thereof remains i n ftill force and effect.
This Agreement shall be ratified by the City Council o f Asheville and the Board o f
Commissioners of Henderson County, and a copy thereof shall be spread upon the minutes of both
bodies.
I N WITNESS WHEREOF, the parties have executed this Agreement, the Grantor by causing i t
to be signed i n its corporate name by its Mayor and attested by its City Clerk, and sealed with its
corporate seal, and the Grantee by causing it to be signed by the Chairman o f its Board o f
Commissioners and attested by the Clerk to the Board of Commissioners and sealed with its seal, on the
day and year first above written.
[signature page follows]

amtnilment to inltr-local agreement (001S3227@xa08d2)

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Attest;

CITYOFASHEVILLE

Magdaten Burleson, City Clerk

(official seal)

ESTHER E, M A N H E I M E R , Mayor

HENDERSON COUNTY BOARD

OF COMMISSICMEESAttest:

teresa Wilson,'Cleik to the Board

(official seal)

THOMAS H . THOMPSON,

0iainnaii

A P P R O V E D A S ^ O FORM;

CM

son CouiiJjtAttomey

Asheville City Attorney

amendment 10 iiita-localagrccinciit(00153227@raOSd2)

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