AGENDA. All items listed below are considered routine and will be enacted by one motion and without discussion.

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1 AGENDA Agenda Meeting of the Southern Pines Town Council August 5, 2015, 7:00 PM, Community Room, Southern Pines Police Department 450 West Pennsylvania Avenue 1. Manager s Comments 2. Consent Agenda All items listed below are considered routine and will be enacted by one motion and without discussion. A. Adopt Retreat Minutes of April 1, 2015, Worksession Minutes of June 22, 2015, Agenda Meeting Minutes of July 8, 2015 and Regular Business Meeting Minutes of July 14, 2015 as written. B. Request for One-Year Extension for Z The Knollwood Tract PUD; Petitioner, Knollwood Partners, LLC C. Ordinance designating a No Parking Zone along a portion of S. Carlisle Street 3. Public Hearings A. AX-03-15; Voluntary Annexation Request for 164 Congaree Road; Petitioner, Susan E. Iverson B. AX-04-15; Voluntary Annexation Request for Morganton Park South Development; Petitioner, Pinehurst Lowes, LLC. 4. Miscellaneous

2 MINUTES Worksession Meeting of the Southern Pines Town Council June 22, 2015, 3:00pm, Community Room, Southern Pines Police Department 450 W. Pennsylvania Avenue Present: Absent: Mayor David McNeill, Mayor Pro Tem Mike Fields, Councilmember Fred Walden, Councilmember Jim Simeon, Councilwoman Teresa VanCamp None Call to Order 1. Dabbs Brother s Final Plat Planning Senior Town Planner Chris Kennedy gave a brief overview of the Dabbs Brother s request for the proposed final plat approval. Mr. Kennedy commented this is a public meeting not a public hearing. Finding of Fact #1 Mayor Pro Tem Fields stated he moves that as a finding of fact that the application is complete and that the facts submitted are relevant to the case, seconded by Councilmember Simeon and carried unanimously; Finding of Fact #1 was approved. Finding of Fact #2 Mayor Pro Tem Fields stated he moves that as a finding of fact the application complies with Section (G) Criteria for a Final Plat, seconded by Councilmember Walden and carried unanimously; Finding of Fact #2 was approved. Mayor Pro Tem Fields stated he moves that the proposed Final Plat is consistent with the approved Preliminary Plat and he moves to approve the Final Plat for CU-06-14, seconded by Councilmember Walden and carried unanimously; Final Plat for CU was approved. 2. NCDOT presentation regarding US1 and Superstreets - Scott Walston and Travis Fluitt Scott Walston, Transportation Engineer for NCDOT, presented slides explaining the Moore County Comprehensive Transportation Plan. Mr. Walston stated this is a comprehensive long-range concept plan with goals adhering to North Carolina General Statutes. Mr. Walston commented this plan for consideration is projecting out to the year 2040 and will identify developmental needs of the community regarding transportation and land use. Mr. Walston stated this plan is currently subject to change until final designs are approved. Travis Fluitt of Kimley Horn & Associates, Inc. referred to the slides and a traffic simulation regarding Superstreets. Mr. Fluitt discussed the traffic analysis results and the five outlined concepts regarding US #1 Alternative Findings based on an analysis of future (2040) conditions. Mayor McNeill stated that about 1/3 rd of the area being considered is located in Southern Pines and about 2/3rds of the property is in Aberdeen. Mayor McNeill commented staff should share all of this information with our colleagues in Aberdeen. Rob Stone stated he has scheduled a meeting with Aberdeen Town Council today to present this information to them as well. Councilmember Walden asked Mr. Walston to define the Strategic Transportation Corridors.

3 Mr. Walston explained the history of the concept plans for the main corridors in the state, explaining the transition from the previous terminology and approach to Strategic Highway Corridors. Councilmember Walden inquired where the 63% increase of traffic is originating from. Mr. Fluitt explained how the model incorporates growth and development of traffic in Moore County and stated he can t identify specifically where the traffic is coming from or going to. Mr. Walston commented projections are created through models taking into account current and past data and statistics. Discussion ensued. Mayor McNeill asked what the next step will be to move forward with this project. Mr. Walston stated their goal is to narrow the prior mentioned 5 suggested concepts and incorporate the feedback to be presented to Council and the County in the future. Mr. Walston stated they held several community input meetings in March in the County and received positive feedback and questions regarding the suggested concepts. Councilmember Simeon commented he would like to see a community feedback meeting conducted specifically in Southern Pines to make sure they are properly informed of the proposed details. Mayor Pro Tem Fields commented that Travis Fluitt is currently working on the Midland Road study analysis also. 3. Project discussion regarding a Rugby Complex and Industrial Lands Planning Town Manager Parsons introduced Leigh Bortins, owner of Classical Conversations and proposed developer of National Athletic Village. Mrs. Bortins provided Council with a handout outlining their request to develop a Rugby Complex and village on lands currently zoned Industrial adjacent to the Southern Pines Corporate Park. Mrs. Bortins explained the plat layout of the 77 acres they have purchased. Senior Town Planner Chris Kennedy explained the property lines on the map. Mrs. Bortins gave an overview of the handout describing their proposed plans. Discussion ensued. Mayor McNeill stated this request could proceed with staff direction at this time, recognizing that fields would go in initially and that likely a PD rezoning would be pursued relative to the numerous ancillary uses. Council recessed for 5 minutes and then returned to regular session. 4. Occupancy Permit Ordinance Fire/Inspections Town Manager Parsons stated he has received a request out of the Building & Inspections and Fire Departments to change the Town s current Occupancy Permit Ordinance Language that would require a posting that could be seen by the public in the building. Town Manager Parsons spoke regarding general business zoning requirements for an individual facility and how currently, a facility can change hands and property use without the building inspector or fire department s knowledge.

4 Discussion ensued. Staff was asked to address concerns around residential properties and posting requirements in less intensive office type uses before bringing an ordinance amendment before the Council. 5. Sandy Lane abandonment request Planning/Public Works Town Manager Parsons stated Danny Overton has requested the abandonment of Sandy Lane. Town Manager Parsons stated Aberdeen would have to also be notified if this request moves forward and explained that Mr. Overton would subsequently own the property after the Town abandons it if they decide to do so. Mayor McNeill asked that staff follow up with Aberdeen before moving forward with this request. As so incorporated to these minutes of June 22, 2015 are exact copies as so recorded in the ordinance and resolution books of the Town of Southern Pines as if fully set out in the minutes. There being no further business the meeting adjourned at 5:08 p.m. Peggy K. Smith Town Clerk

5 Minutes Agenda Meeting of the Southern Pines Town Council July 8, 2015, 7:00 PM, Community Room, Southern Pines Police Department 450 West Pennsylvania Avenue Present: Absent: Mayor David McNeill, Mayor Pro Tem Mike Fields, Councilmember Fred Walden, Councilmember Jim Simeon, Councilwoman Teresa VanCamp None Call to Order 1. Manager s Comments 2. Consent Agenda A. Adopt Worksession Minutes of May 26, 2015, Joint Worksession Minutes of June 1, 2015, Agenda Meeting Minutes of June 3, 2015 and Regular Business Meeting Minutes of June 9, 2015 as written. Corrections to minutes were noted by Administrative Technician. B. Budget Amendments Line Item Code Increase - General Fund Fund Balance Appropriations $ 7, General Fund Surplus Property Sales $ 11, Police-Patrol Department Supplies $ 19, C. Board Appointments - Board of Zoning Adjustment D. Annexation AX Congaree Road - Resolution Directing Clerk - Resolution Calling a Public Hearing E. Annexation AX Morganton Park South - Resolution Directing Clerk - Resolution Calling a Public Hearing F. Amendment to Sprint Lease: Eastman Road Tower Town Manager Parsons gave an overview of the Consent Agenda. 3. Miscellaneous A. CU Final Plat Approval; Conditional Use Permit for Major Subdivision for Single Family Homes along Duncan Road and E. Manley Avenue; Petitioner, Moore HL Properties, LLC Mayor Pro Tem Fields stated he moves to approve Final Plat CU and that Finding of Fact #1 that the application is complete and that the facts submitted are relevant to the case. Upon motion by Mayor Pro Tem Fields, seconded by Councilmember Walden and carried unanimously, Finding of Fact #1 was approved. Mayor Pro Tem Fields stated under Finding of Fact #2 he moves that as a finding of fact the application complies with Section (G) Criteria for a Final Plat. Upon motion by Mayor Pro Tem Fields, seconded by Councilmember Walden and carried unanimously, Finding of Fact #2 was approved.

6 Mayor Pro Tem Fields stated he moves that the proposed Final Plat is consistent with the approved Preliminary Plat, and he moves to approve Final Plat for CU Upon motion by Mayor Pro Tem Fields, seconded by Councilmember Walden and carried unanimously, the Final Plat for CU was approved. 4. Public Comments Mr. Williams of 464 Petty Street inquired about the removal of the old warehouse structure, tree removal, and the retention ponds relative to the conditions of CU Town Manager Parsons stated what is currently located at the site is not the final product. Retention of the warehouse block building was discussed by the applicant during the Hearing, but ultimately Council did not make it a condition of the approval. The pond locations are currently being utilized as silt basins as part of the erosion control permit, and are ultimately designed to be converted to a more aesthetically pleasing retention area upon closeout of those permits. Discussion ensued. Mayor McNeill stated further research will be conducted by staff and Mr. Williams will be contacted and updated. Paulette Greenfield of Southern Pines spoke regarding her concerns regarding the building that is taking place throughout Southern Pines. No further business was discussed. As so incorporated to these minutes of June 8, 2015 are exact copies as so recorded in the ordinance and resolution books of the Town of Southern Pines as fully set out in the minutes. There being no further business the meeting adjourned at 7:34 p.m. Peggy K. Smith Town Clerk

7 Minutes Regular Business Meeting of the Southern Pines Town Council July 14, 2015, 7:00 PM, Douglass Community Center, 1185 W. Pennsylvania Avenue Present: Absent: Mayor David McNeill, Mayor Pro Tem Mike Fields, Councilmember Fred Walden, Councilwoman Teresa VanCamp Councilmember Jim Simeon Call To Order Pledge of Allegiance 1. Manager s Comments Assistant Town Manager Adam Lindsay stated that there was originally an item listed on the posted Agenda as CU that has been removed due to being previously addressed at the July 8 th Agenda Meeting. 2. Consent Agenda A. Adopt Worksession Minutes of May 26, 2015, Joint Worksession Minutes of June 1, 2015, Agenda Meeting Minutes of June 3, 2015, and Regular Business Meeting Minutes of June 9, 2015 as written. B. Budget Amendments Line Item Code Increase - General Fund Fund Balance Appropriations $ 7, General Fund Surplus Property Sales $ 11, Police-Patrol Department Supplies $ 19, C. Board Appointments - Board of Zoning and Adjustment - Tom Marsh (ETJ) Reappointment 07/14/ /14/ John Bullard Initial Appointment 07/14/ /14/ Steve Kastner Alternate Initial Appointment 07/14/ /14/2018 D. Annexation AX Congaree Road - Resolution Directing Clerk - Resolution Calling a Public Hearing E. Annexation AX Morganton Park South - Resolution Directing Clerk - Resolution Calling a Public Hearing F. Amendment to Sprint Lease: Eastman Road Tower Upon motion by Councilmember Walden, seconded by Mayor Pro Tem Fields and carried unanimously, the Consent Agenda was approved. Mayor McNeill officially opened the public comments to the public. No public comments were voiced. Upon motion by Councilmember Walden, seconded by Mayor Pro Tem Fields and carried unanimously, the meeting was closed.

8 As so incorporated to these minutes of July 14, 2015 are exact copies as so recorded in the ordinance and resolution books of the Town of Southern Pines as fully set out in the minutes. There being no further business the meeting adjourned at 7:08 p.m. Peggy K. Smith Town Clerk

9 Consent Agenda Item To: Via: From: Subject: Reagan Parsons, Town Manager Bart Nuckols, Planning Director Chris Kennedy, Senior Planner Request for One-Year Extension for Z The Knollwood Tract PUD; Petitioner, Knollwood Partners, LLC Date: August 11, 2015 Request for One-Year Extension for Z The Knollwood Tract PUD; Petitioner, Knollwood Partners, LLC Mr. Kelly Miller, managing partner of Knollwood Partners, LLC, is requesting a one-time, oneyear extension of Z The Knollwood Tract PUD. The subject property is a planned development consisting of 558 acres. Staff Comments: The Knollwood Tract PUD was approved on November 13, The three-year approval of the PUD is set to expire on November 13, The petitioner has forty-five (45) calendar days prior to the expiration to submit a written request for a one-time, one-year extension. The deadline for the written request is September 29, Should the Town Council wish to grant the one-time, one-year extension, the project will be granted a one-year extension thereby delaying the expiration date to November 13, Should the petitioner fail to fulfill the requirements to continue the development prior to November 13, 2016, if granted an extension of approval, the property will revert back to its original zoning; PD-CD, FRR, RS-3. Section (K): Expiration o (1) The approval of the PDD district shall be null and void unless a Final Development Plan for at least the initial phase has been submitted for review and approval within three (3) years after the date of approval of the PDD application and, if not submitted within such time frame, the zoning for the property shall revert to its previous zoning classification. o (2) Such time period will not be extended with transfer of ownership. Upon written request, one extension of time may be granted by the Town Council for a period not to exceed one (1) year for good cause shown. No request for an extension shall be considered unless a written request is submitted to the Planning Director no later than forty-five (45) calendar days prior to the date the PDD is to expire. Knollwood Tract Extension August 2015 Town Council Page 1 of 4

10 Attachments: o (3) The extension shall be deemed granted until the Town Council has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall render the approved PDD Land Use Plan null and void upon the expiration of the three-year term. Letter from Petitioner Requesting One-Year Extension Original Approval Letter for Z Knollwood Tract Extension August 2015 Town Council Page 2 of 4

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13 Good morning, I am the maintenance director with Moore County Schools. We have been contacted by the school to look into installing no parking signs on Carlisle St. The school has indicated that individuals are parking along the roadside and it is posing a safety risk for the students and parents during pick up and drop off. I would like to meet you out at the school to discuss sign location and installation. Please let me know what works best for you. I will be out of the office this Wednesday and all next week after Tuesday. Thank you for your attention to this matter. Jacob W. Monroe Moore County Schools Maintenance Department

14 AMENDMENT TO CHAPTER 70.40, TRAFFIC CONTROL DEVICES ORDINANCE TO LIMIT PARKING OF THE TOWN OF SOUTHERN PINES CODE OF ORDINANCES BE IT ORDAINED by the Town Council of Southern Pines, North Carolina assembled this 5 th day of August, 2015 that Chapter 70, General Provisions, Traffic-Control Devices Designation of Traffic Zones, Through Streets, and the Like; Erection and Installation of Devices of the Code of Ordinances be amended as follows: (A) Parking on both sides of the 200 block section of South Carlisle Street shall be prohibited when school is in session to match the times specified on the School Zone signage, currently 7:30AM to 8:30AM Monday through Friday and 2:30PM to 3:30PM Monday through Friday. (B) This ordinance shall be and remain in full force and effect from and after the date of its adoption. Adopted this 5 h day of August, I certify that this ordinance was adopted by the Town Council of the Town of Southern Pines at its meeting of August 5, 2015, as shown in the minutes of the Town Council for that date. Clerk of the Town of Southern Pines

15 Agenda Item To: Via: From: Reagan Parsons, Town Manager Bart Nuckols, Planning Director Chris Kennedy, Senior Planner Subject: AX-03-15; Voluntary Annexation Request for 164 Congaree Road; Petitioner, Susan E. Iverson Date: August 11, 2015 AX-03-15; Voluntary Annexation Request for 164 Congaree Road; Petitioner, Susan E. Iverson Ms. Susan E. Iverson is requesting voluntary annexation for her property located at 164 Congaree Road. The subject property is a single family residence consisting of acres in the RS-3 (Residential Single Family-3) zoning classification. The parcel subject to this voluntary annexation request are identified by the following: PIN # (Parcel ID: ). Staff Comments: The applicant has submitted a Contiguous Voluntary Annexation application with a map and a written metes and bounds description. Town Council Actions: To either approve or deny the Voluntary Annexation, the Town Council may choose one of the following motions or any alternative they wish: Or 1) I move to approve the Voluntary Annexation request in the application AX for the property as defined in the submitted written metes and bounds. 2) I move to deny the Voluntary Annexation request in the application AX for the property as defined in the submitted written metes and bounds. AX August 2015 Town Council Page 1 of 8

16 AX Voluntary Annexation for 164 Congaree Road This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). AX August 2015 Town Council Page 2 of 8

17 AX Voluntary Annexation for 164 Congaree Road This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). AX August 2015 Town Council Page 3 of 8

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23 MEMORANDUM To: Council From: Peggy K. Smith, Town Clerk Date: July 31, 2015 Re: 164 Congaree Road Voluntary Annexation, AX Attached, you will find the Certificate of Sufficiency for the 164 Congaree Road Annexation. Both public safety chiefs have reviewed the area to be annexed, as well as the Public Works and Planning directors. No director foresees any issues with the proposed annexation. If Council desires to proceed, the public hearing will be held at the August Regular Meeting of Council.

24 753 CERTIFICATE OF SUFFICIENCY To the Town Council of the Town of Southern Pines, North Carolina. I, Peggy K. Smith, Town Clerk, do hereby certify that I have investigated the petition attached hereto and have found as a fact that said petition is signed by all owners of real property lying in the area described therein, in accordance with G.S. 160A-31, as amended. Legal Description: AX Exhibit A Lot No. 39, as shown on a Map entitled Warrior Woods, Mill Creek Development Corporation, McNeill Township, Moore County, near Southern Pines, NC, dated March 5, 1966, made by C.H. Blue, Registered Land Surveyor, and recorded in the Office of the Register of Deeds for Moore County, North Carolina, in Map book 11 at Page 33. Subject to Protective Covenants as set forth in that certain Declaration of Protective Covenants dated March 21, 1966 by Mill Creek Development Company, and recorded in the Office of the Register of Deeds for Moore County, North Carolina, in Book of Deeds 289 at Page 279. In witness whereof, I have hereunto set my hand and affixed the seal of the Town of Southern Pines, this 14th day of July, (SEAL) Peggy K. Smith, Town Clerk AX-03-15

25 MOORE COUNTY STATE OF NORTH CAROLINA I swear this is a true and accurate copy of an order adopted on August 11, Peggy K. Smith, Town Clerk Date AX-03-15

26 1580 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF SOUTHERN PINES, NORTH CAROLINA THAT WHEREAS, the Town Council has been petitioned under G. S. 160A-31 as amended to annex the area described herein; and WHEREAS, the Town Council has by resolution directed the Town Clerk to investigate the sufficiency of said petition; and WHEREAS, the Town Clerk has certified the sufficiency of said petition and a public hearing on the question of this annexation was held in Regular Session of the Town Council at the Douglass Community Center at 7:00 o clock, P.M. the 11 th of August, 2015 after due notice by publication on July 26, 2015 and July 29, 2015; WHEREAS, after the completion of said public hearing and upon consideration of any comments, objections or presentation at that hearing, and WHEREAS, based upon the certification of the Town Clerk and other information presented at said hearing, Council finds it proper and in the best interest of the Town to annex said property according to the requirements of G.S. 160A-31, as Legal Description: Lot No. 39, as shown on a Map entitled Warrior Woods, Mill Creek Development Corporation, McNeill Township, Moore County, near Southern Pines, NC, dated March 5, 1966, made by C.H. Blue, Registered Land Surveyor, and recorded in the Office of the Register of Deeds for Moore County, North Carolina, in Map book 11 at Page 33. Subject to Protective Covenants as set forth in that certain Declaration of Protective Covenants dated March 21, 1966 by Mill Creek Development Company, and recorded in the Office of the Register of Deeds for Moore County, North Carolina, in Book of Deeds 289 at Page 279. NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Town Council of the Town of Southern Pines, North Carolina in regular session this 11 th day of August, 2015; Section 1. By virtue of the authority granted by G.S. 160A-31, as amended, the above described territory is hereby annexed and made part of the Town of Southern Pines as of the 11 th day of August, Section 2. Upon and after the 11 th day of August, 2015, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force of the Town of Southern Pines and shall be entitled to the same privileges and benefits as other parts of the Town of Southern Pines. Said territory shall be subject to municipal taxes according to G.S. 160A Section 3. The Mayor of the Town of Southern Pines shall cause to be recorded in the office of the Register of Deeds of Moore County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 hereof. Such a map shall also be delivered to the County Board of Elections as required by G.S

27 Section 4. This ordinance shall be and remain in full force and effect from and after the date of its adoption. Adopted this 11 th day of August, ATTEST: TOWN OF SOUTHERN PINES Peggy K. Smith, Town Clerk W. David McNeill, Mayor APPROVED AS TO FORM: Doug Gill, Town Attorney I certify that this ordinance was adopted by the Town Council of the Town of Southern Pines at its meeting on August 11, 2015 as shown in the minutes of the Town Council for that date. Peggy K. Smith, Town Clerk AX-03-15

28 Agenda Item To: Via: From: Subject: Reagan Parsons, Town Manager Bart Nuckols, Planning Director Chris Kennedy, Senior Planner AX-04-15; Voluntary Annexation Request for Morganton Park South Development; Petitioner, Pinehurst Lowes, LLC. Date: August 11, 2015 AX-04-15; Voluntary Annexation Request for Morganton Park South Development; Petitioner, Pinehurst Lowes, LLC. The petitioner, Pinehurst Lowes, LLC., is requesting voluntary annexation for property located south of W. Morganton Road. The subject property is a part of the Morganton Park South development and the property in this annexation request consists of acres in the PD (Planned Development) zoning classification. The request for annexation also includes the rightof-way for Morganton Road. The parcels subject to this voluntary annexation request are identified by the following: PIN # (Parcel ID: ); PIN # (Parcel ID: ); PIN # (Parcel ID: ); PIN # (Parcel ID: ); PIN # (Parcel ID: ); PIN # (Parcel ID: ). Staff Comments: The applicant has submitted a Contiguous Voluntary Annexation application with a map and a written metes and bounds description for the property to be annexed. Town Council Actions: To either approve or deny the Voluntary Annexation, the Town Council may choose one of the following motions or any alternative they wish: Or 1) I move to approve the Voluntary Annexation request in the application AX for the property as defined in the submitted written metes and bounds. 2) I move to deny the Voluntary Annexation request in the application AX for the property as defined in the submitted written metes and bounds. AX August 2015 Town Council Page 1 of 21

29 AX Voluntary Annexation for Morganton Park South This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). AX August 2015 Town Council Page 2 of 21

30 AX Voluntary Annexation for Morganton Park South This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). AX August 2015 Town Council Page 3 of 21

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49 MEMORANDUM To: Council From: Peggy K. Smith, Town Clerk Date: July 31, 2015 Re: Morganton Park South Voluntary Annexation, AX Attached, you will find the Certificate of Sufficiency for the Morganton Park South Voluntary Annexation. Both public safety chiefs have reviewed the area to be annexed, as well as the Public Works and Planning directors. No director foresees any issues with the proposed annexation. If Council desires to proceed, the public hearing will be held at the August Regular Meeting of Council.

50 756 CERTIFICATE OF SUFFICIENCY To the Town Council of the Town of Southern Pines, North Carolina. I, Peggy K. Smith, Town Clerk, do hereby certify that I have investigated the petition attached hereto and have found as a fact that said petition is signed by all owners of real property lying in the area described therein, in accordance with G.S. 160A-31, as amended. Legal Description: AX Exhibit A Being all of that certain tract or parcel of land lying and being in the extraterritorial jurisdiction of Southern Pines, Moore County, North Carolina, and more particularly described as follows: BEING ALL of Recombined Tract 1, containing acres, as shown on that certain plat entitled Recombination Plat of acres, Tax Parcels # , # , # , # , # & # recorded April 24, 2015 in Plat Cabinet 16 at Slides 581 through 583 in the Office of the Register of Deeds for Moore County, North Carolina, reference to which is hereby made for a more particular description. TOGETHER WITH, all rights, benefits and easements appurtenant to the above-described tract of land as described in that certain (i) Declaration of Easements, Covenants, Conditions and Restrictions for Morganton Park South recorded May 1, 2015 in Book 4484, Page 417 in the Office of the Register of Deeds for Moore County, North Carolina, and (ii) Easement, Right of First Offer and Option to Purchase Agreement recorded May 1, 2015 in Book 4484, Page 481 in the Office of the Register of Deeds for Moore County, North Carolina, and (iii) Declaration of Rights, Restrictions and Easements recorded May 1, 2015 in Book 4484, Page 526, in the Office of the Register of Deeds for Moore County, North Carolina, as each may be amended from time to time. In witness whereof, I have hereunto set my hand and affixed the seal of the Town of Southern Pines, this 14th day of July, (SEAL) Peggy K. Smith, Town Clerk AX-04-15

51 MOORE COUNTY STATE OF NORTH CAROLINA I swear this is a true and accurate copy of an order adopted on August 11, Peggy K. Smith, Town Clerk Date AX-04-15

52 1581 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF SOUTHERN PINES, NORTH CAROLINA THAT WHEREAS, the Town Council has been petitioned under G. S. 160A-31 as amended to annex the area described herein; and WHEREAS, the Town Council has by resolution directed the Town Clerk to investigate the sufficiency of said petition; and WHEREAS, the Town Clerk has certified the sufficiency of said petition and a public hearing on the question of this annexation was held in Regular Session of the Town Council at the Douglass Community Center at 7:00 o clock, P.M. the 11 th of August, 2015 after due notice by publication on July 26, 2015 and July 29, 2015; WHEREAS, after the completion of said public hearing and upon consideration of any comments, objections or presentation at that hearing, and WHEREAS, based upon the certification of the Town Clerk and other information presented at said hearing, Council finds it proper and in the best interest of the Town to annex said property according to the requirements of G.S. 160A-31, as Legal Description: Exhibit A Being all of that certain tract or parcel of land lying and being in the extraterritorial jurisdiction of Southern Pines, Moore County, North Carolina, and more particularly described as follows: BEING ALL of Recombined Tract 1, containing acres, as shown on that certain plat entitled Recombination Plat of acres, Tax Parcels # , # , # , # , # & # recorded April 24, 2015 in Plat Cabinet 16 at Slides 581 through 583 in the Office of the Register of Deeds for Moore County, North Carolina, reference to which is hereby made for a more particular description. TOGETHER WITH, all rights, benefits and easements appurtenant to the above-described tract of land as described in that certain (i) Declaration of Easements, Covenants, Conditions and Restrictions for Morganton Park South recorded May 1, 2015 in Book 4484, Page 417 in the Office of the Register of Deeds for Moore County, North Carolina, and (ii) Easement, Right of First Offer and Option to Purchase Agreement recorded May 1, 2015 in Book 4484, Page 481 in the Office of the Register of Deeds for Moore County, North Carolina, and (iii) Declaration of Rights, Restrictions and Easements recorded May 1, 2015 in Book 4484, Page 526, in the Office of the Register of Deeds for Moore County, North Carolina, as each may be amended from time to time. NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Town Council of the Town of Southern Pines, North Carolina in regular session this 11 th day of August, 2015; Section 1. By virtue of the authority granted by G.S. 160A-31, as amended, the above described territory is hereby annexed and made part of the Town of Southern Pines as of the 11 th day of August, 2015.

53 Section 2. Upon and after the 11 th day of August, 2015, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force of the Town of Southern Pines and shall be entitled to the same privileges and benefits as other parts of the Town of Southern Pines. Said territory shall be subject to municipal taxes according to G.S. 160A Section 3. The Mayor of the Town of Southern Pines shall cause to be recorded in the office of the Register of Deeds of Moore County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 hereof. Such a map shall also be delivered to the County Board of Elections as required by G.S Section 4. This ordinance shall be and remain in full force and effect from and after the date of its adoption. Adopted this 11 th day of August, ATTEST: TOWN OF SOUTHERN PINES Peggy K. Smith, Town Clerk W. David McNeill, Mayor APPROVED AS TO FORM: Doug Gill, Town Attorney I certify that this ordinance was adopted by the Town Council of the Town of Southern Pines at its meeting on August 11, 2015 as shown in the minutes of the Town Council for that date. Peggy K. Smith, Town Clerk AX-04-15