Chapter 91 - Repealed

The Henderson County Board of Commissioners does hereby cause to be created the Cane Creek Water and Sewer District of Henderson County with the territorial limits described as follows: Beginning at the intersection of U.S. Route 25 and the Henderson County/Buncombe County line, thence westerly along and with the Henderson County/Buncombe County line approximately 8,200 feet more or less to a point where the Henderson County/Buncombe County line takes a southerly direction, thence southerly along and with the Henderson County/Buncombe County line approximately 2,600 feet more or less to a point where the Henderson County/Buncombe County line takes an easterly direction, thence easterly along and with the Henderson County/Buncombe County line approximately 2,000 feet more or less to a point where the Henderson County/Buncombe County line takes a southerly direction, thence southerly along and with the Henderson County/Buncombe County line approximately 2,600 feet more or less to a point where the Henderson County/Buncombe County line intersects the center of Interstate Highway 26 north of the Interstate Highway 26 Rest Area, thence southerly along and with the center line of Highway 26 approximately 12,000 feet more or less to a point which is the intersection of the center lines of Interstate Highway 26 and U.S. Route 25, thence northerly along and with the center line of U.S. Route 25 approximately 800 feet more or less to the intersection of the center lines of U.S. Route 25 and State Road S.R. 1536, thence easterly along and with the center lines of S.R. 1536 approximately 1,400 feet more or less to a point at the intersection of the center lines of S.R. 1536 sometimes referred to as Old Howard Gap Road, and the Southern Railway main track, thence northerly along and with the center line of Southern Railway main track approximately 8,000 feet more or less to a point where the Southern Railway track intersects with the center line of Cane Creek, thence easterly along and with the center line of Cane Creek approximately 1,400 feet more or less to a point where the center line of Cane Creek intersects with the center line of Howard Gap Road S.R. 1006, thence southerly along and with the center line of Howard Cap Road S.R. 1006 approximately 1,000 feet more or less to a point that is the intersection of the center lines of Howard Gap Road S.R. 1006 and Jackson Road S.R. 1539, thence easterly along and with the center line of Jackson Road S.R. 1539 approximately 11,000 feet more or less to a point where the center line of Jackson Road intersects with the center line of Hooper's Creek, thence easterly along and with the center line of Hooper's Creek approximately 3,000 feet more or less to a point where the center line of Hooper's Creek intersects with the center line of Souther/Livingston Road S.R. 1552, thence northerly along and with the center line of Souther/Livingston Road S.R. 1552, thence northerly along and with the center line of Souther/Livingston Road S.R. 1552 approximately 1,600 feet more, or less to a point where the center line of Souther/Livingston Road (SR 1552) intersects with the center line of Jackson Road (SR 1539), thence northeasterly along and with the center line of Jackson Road (SR 1539) approximately 2,000 feet more or less to the intersection of the center lines of Jackson Road (SR 1539) and Hooper's Creek Road (SR 1553) thence westerly along and with the center line of Hooper's Creek Road (SR 1553) approximately 3,000 feet more or less to the intersection of the center lines of Hooper's Creek Road (SR 1553) and Burney Mountain Road (SR 1552), thence northwesterly along and with the center line of Burney Mountain Road (SR 1552) approximately 3,000 feet more or less to the intersection of the center lines of Burney Mountain Road (SR 1552) and Mills Gap Road (SR 1551), thence northerly along and with the center line of Mills Gap Road (SR 1551) approximately 1,000 feet more or less to the intersection of the center line of Mills Gap Road (SR 1551) with the Henderson County/Buncombe County line, thence westerly along and with the Henderson County/Buncombe County line approximately 9,000 feet more or less to the intersection of the Henderson County/Buncombe County lines with the center line of U.S. Route 25 and the point of beginning.

1. Findings.
   
   1. The Henderson County Board of Commissioners has been petitioned by French Broad Associates (formerly French Broad Golf Center) and French Broad Golf Center, Inc., under N.C.G.S. 162A-87.1, to annex the area described herein.
   2. The Henderson County Director of Utilities, the Henderson County Staff Attorney and the Henderson County Attorney investigated the sufficiency of said petition and have certified the sufficiency of said petition, and a public hearing on the question of this annexation was held at the Henderson County Office Building at 7:00 p.m. on the seventh day of March 1994, after due notice by publication on the 23rd day of February 1994.
   3. The Henderson County Board of Commissioners does hereby find as a fact that said petition meets the requirements of N.C.G.S. 162A-87.1, including Subsections (b) and (c) which are shown below:
      
      2. “Annexation by petition. The board of commissioners may, by resolution, extend by annexation the boundaries of any water or sewer district when one hundred percent (100%) of the real property owners of the area to be annexed have petitioned the board for annexation to the water and sewer district.
      3. “Annexation of property within a city or sanitary district. Territory lying within the corporate limits of a city or sanitary district may not be annexed to a water and sewer district unless the governing body of the city or sanitary district agrees, by resolution, to the annexation."
2. By virtue of the authority granted by N.C.G.S. 162A-87.1, the following described territory is hereby annexed and made a part of the Cane Creek Water and Sewer District of Henderson County, North Carolina, as of the first day of July 1994: Beginning at a point in the southern margin of the right of way of Airport Road (S.R. 3526) and at the center of the French Broad River and from said beginning point thus established and with the center of said French Broad River the following calls: South 08 deg. 58' 00" East 155.22 feet; South 14 deg. 20' 00" East 177.00 feet; South 12 deg. 31' 00" East 184.00 feet; South 18 deg. 25' 00" East 177.00 feet; South 09, deg. 35' 00" East 288.00 feet; South 07 deg. 35' 00" East 210.00 feet; South 05 deg. 16' 00" East 187.00 feet; South 03 deg. 22' 00" East 244.00 feet; South 03 deg. 55' 00" East 210.00 feet; South 06 deg. 59' 00" East 229.00 feet; South 12 deg. 08' 00" East 264.00 feet; South 20 deg. 20' 00" East 183.00 feet; South 23 deg. 11' 00" East 190.00 feet; South 29 deg. 44' 00" East 201.00 feet; South 42 deg. 10' 00" East 120.00 feet to a point at the intersection of said French Broad River and Cane Creek; thence with the center line of said Cane Creek the following calls: North 58 deg. 05' 00" East 95.00 feet; North 61 deg. 10' 00" East 141.00 feet; South 88 deg. 45' 00" East 95.00 feet; South 71 deg. 33' 00" East 78.00 feet; North 87 deg. 59' 00" East 234.00 feet; North 67 deg. 18' 00" East 150.00 feet; North 28 deg. 30' 00" East 108.00 feet; North 17 deg. 31' 00" East 123.00 feet; North 26 deg. 33' 00" East 92.00 feet; North 55 deg. 54' 00" East 84.00 feet; South 84 deg. 17' 00" East 83.00 feet; South 50 deg. 10' 00" East 48.00 feet; South 12 deg. 24' 00" East 105.00 feet; South 71 deg. 20' 00" East 81.00 feet; North 68 deg. 14' 00" East 311.00 feet; North 44 deg. 59' 00" East 229.00 feet; North 23 deg. 25' 00" East 88.00 feet; North 54 deg. 06' 00" East 157.00 feet; North 61 deg. 48' 00" East 86.00 feet; North 76 deg. 30' 00" East 139.00 feet; North 41 deg. 10' 00" East 57.00 feet; North 17 deg. 02' 00" East 212.00 feet; North 64 deg. 38' 00" East 57.00 feet; North 79 deg. 55' 00" East 124.00 feet; North 50 deg. 59' 00" East 146.00 feet; North 31 deg. 20' 00" East 157.00 feet; North 41 deg. 22' 00" East 151.00 feet; North 19 deg. 56' 00" East 356.00 feet; North 64 deg. 47' 00" East 51.00 feet; North 77 deg. 35' 00" East 138.00 feet; South 56 deg. 52' 00" East 148.00 feet; North 83 deg. 50' 00" East 101.00 feet; North 48 deg. 27' 00" East 252.00 feet; North 65 deg. 47' 00" East 323.00 feet; South 74 deg. 44' 00" East 92.00 feet; South 45 deg. 41' 00" East 253.00 feet; South 13 deg. 25' 00" East 156.00 feet; South 47 deg. 35' 00" East 141.00 feet; South 62 deg. 47' 00" East 183.00 feet; South 87 deg. 19' 00" East 146.00 feet; and North 66 deg. 28' 00" East 202.55 feet to a point; thence leaving the center line of Cane Creek and along and with the western margin of the right of way for Interstate 26 North 28 deg. 57' 07" West 1108.35 feet to a right of way monument; thence North 28 deg. 43' 15" West 201.68 feet to a right of way monument; thence on a curve to the left having a radius of 7774.44 feet, a chord bearing and distance of North 27 deg. 23' 40" West 215.59 feet to a right of way monument; thence North 29 deg. 37' 21" West 228.58 feet to a right of way monument; thence on a curve to the left having a radius of 2784.79 feet, a chord bearing and distance of North 35 deg. 18' 40" West 331.08 feet to an iron pin set; thence North 48 deg. 12' 40" West 278.47 feet to an iron pin set; thence North 71 deg. 34' 54" West 384.00 feet to a right of way monument; thence North 86 deg. 53' 25" West 184.86 feet to a right of way monument; thence North 85 deg. 58' 20" West 335.05 feet to a right of way monument; thence South 87 deg. 16' 30" West 472.42 feet to a right of way monument; thence South 80 deg. 07' 28" West 42.39 feet to an iron pin set; thence leaving the margin of Interstate 26, South 25 deg. 41' 15" East 1229.76 feet to an iron pin set; thence South 71 deg. 50' 35" West 799.08 feet to an iron pin set; thence South 18 deg. 09' 25" East 894.79 feet to a point; thence South 71 deg. 50' 35" West 150 feet to a point; thence North 18 deg. 09' 25" West 894.79 feet to an iron pin set; thence South 71 deg. 50' 35" West 800.85 feet to an iron pin set; thence North 09 deg. 37' 34" West 1283.64 feet to a point in the southern margin of the right of way of Airport Road (SR 3526); thence along and with the southern margin of the right of way of Airport Road (SR 3526), South 67 deg. 55' 12" West 171.34 feet to an iron pin set; thence South 28 deg. 06' 52" West 78.10 feet to an iron pin set; thence South 67 deg. 55' 12" West 60.00 feet to an iron pin set, thence North 67 deg. 04' 48" West 70.71 feet to an iron pin set; thence South 67 deg. 55' 12" West 922.16 feet to the point and place of beginning. Being parcels A, B, C, and D of the property shown on Cabinet Slides 1246 and 1247 of the Henderson County Register of Deeds Office. Being further the portion of the property described in Henderson County Deed Book 821 beginning at page 111 that is located within Henderson County.
3. Upon and after the first of July 1994, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Cane Creek Water and Sewer District of Henderson County, North Carolina, and shall be entitled to the same privileges and benefits as other parts of the Cane Creek Water and Sewer District of Henderson County, North Carolina.
4. The Henderson County Utilities Director shall cause this section to be recorded in the office of the Register of Deeds for Henderson County, North Carolina. A survey of the subject property shall be on file at the Henderson County Utilities Department office which is located at 100 North King Street, Hendersonville, North Carolina.
5. Notice of adoption of this section shall be published once, following the effective date of the annexation, in a newspaper having general circulation in the Cane Creek Water and Sewer District of Henderson County, North Carolina.

1. By virtue of the authority granted by N.C.G.S. 162A-87.1, the boundaries of the Cane Creek Water and Sewer District are hereby extended to include the properties located with the boundary described below, and all such properties are hereby annexed and made a part of the Cane Creek Water and Sewer District as of the first day of July 2000: Beginning at a point located at the western corner of the Cane Creek Water and Sewer District boundary, said point also being the intersection of the northern margin of Fanning Bridge Road (S.R. 1419) and the northwest margin of Butler Farm Road; thence, following the northern margin of Fanning Bridge Road (S.R. 1419) in a westerly direction, approximately 5,808 feet to the intersection of the northern margin of Fanning Bridge Road (S.R. 1419) and the western margin of N.C. Highway 191; thence, following the western margin of N.C. Highway 191 in a southerly direction approximately 7,392 feet to the intersection of the western margin of N.C. Highway 191 and the western margin of N.C. Highway 280; thence, following the western margin of N.C. Highway 280 in a southerly direction (crossing Mills River) approximately 4,752 feet to the intersection of the western margin of N.C. Highway 280 and the northern margin of South Mills River Road (S.R. 1338); thence, following the northern margin of South Mills River Road (S.R. 1338) in a westerly direction approximately 1,056 feet to the intersection of the northern margin of South Mills River Road (S.R. 1338) and the western margin of Old Turnpike Road (S.R. 1328); thence, following the western margin of Old Turnpike Road (S.R. 1328) in a southwesterly direction approximately 6,864 feet to the intersection of the western margin of Old Turnpike Road (S.R. 1328) and N.C. Highway 280; thence, crossing N.C. Highway 280 to the western margin of Schoolhouse Road (S.R. 1426) approximately 528 feet to the intersection of the western margin of Schoolhouse Road (S.R. 1426) and the western margin of Turnpike Road (S.R. 1328) (it is noted that Old Turnpike Road and Turnpike Road are both designated as S.R. 1328); thence, following the western margin of Turnpike Road (S.R. 1328) in a southwesterly direction approximately 3,432 feet to the intersection of the western margin of Turnpike Road (S.R. 1328) and the southern margin of Warlick Road (S.R. 1329); thence, following the southern margin of Warlick Road (S.R. 1329) in a southeasterly direction approximately 700 feet to the intersection of the southern margin of Warlick Road (S.R. 1329) and the center line of Boylston Creek; thence, following the center line of the aforesaid creek in a northeasterly direction approximately 5,950 feet to a point located at the intersection of Boylston Creek and the southern margin of Banner Farm Road (S.R. 1331); thence, following the southern margin of Banner Farm Road (S.R. 1331) in a southeasterly direction, approximately 1,584 feet to the intersection of the southern margin of Banner Farm Road (S.R. 1331) and the eastern margin of Ladson Road (S.R. 1314); thence, following the eastern margin of Ladson Road (S.R. 1314) in a northeasterly direction approximately 5,808 feet to the intersection of the eastern margin of Ladson Road (S.R. 1314) and the center line of Boylston Creek; thence, following the center line of the aforesaid creek in an easterly direction approximately 3,650 feet to the confluence of Boylston Creek and the French Broad River; thence, following the center line of the French Broad River in a northerly direction, approximately 400 feet to a point located at the intersection of the French Broad River and N.C. Highway 191; thence, continuing with the center line of the French Broad River in a northerly direction, approximately 17,100 feet to a point located at the intersection of the French Broad River and the center line of Butler Bridge Road (S.R. 1351); thence, following the center line of Butler Bridge Road (S.R. 1351) in an easterly direction, approximately 5,280 feet to the intersection of the center line of Butler Bridge Road (S.R. 1351) and the center line of I- 26, said intersection also being a point in the Cane Creek Water and Sewer District boundary; thence, along and with the boundary of the Cane Creek Water and Sewer District as follows: following the center line of I-26 in a northwesterly direction, approximately 4,000 feet, to the intersection of the center line of I-26 and the center line of Cane Creek; thence, following the center line of Cane Creek in a westerly direction, approximately 5,650 feet to the center line of the French Broad River; thence, crossing the French Broad River in a westerly direction to the southeast corner of the James A. Ford property (DB/PG 595/873, Henderson County Registry); thence, following the southern boundary of the Ford property approximately 1,100 feet to the southeast corner of Arnold D. Miles property (DB/PG 535/117, Henderson County Registry); thence, following the southern boundary of the Miles property approximately 1,100 feet to the southeastern most corner of the Elbert S. Brown property (DB/PG 467/81, Henderson County Registry); thence, following the southern boundary of the Brown property approximately 750 feet to the Marie-Jeanne Cadgene property (DB/PG 910/713, Henderson County Registry); thence, following the southern boundary of the Cadgene property in a southwesterly direction, approximately 1,500 feet to the eastern margin of Fanning Field Road (S.R. 1354); thence, following the eastern margin of Fanning Field Road (S.R. 1354), crossing N.C. 280, in a northerly direction, approximately 2,850 feet to a point in the eastern margin of Fanning Field Road (S.R. 1354), said point also being located on the boundary of the Cadgene property; thence, following the Cadgene property line approximately 590 feet to the center line of McDowell Creek; thence, following the center line of McDowell Creek (being a Cadgene property line) in a northerly direction approximately 1,150 feet to a point; thence, continuing along the Cadgene property line in a westerly direction approximately 1,550 feet to a point; thence, continuing along the Cadgene western property line, approximately 1,700 feet to a point in Butler Farm Road, said point being the beginning point and being located at the western corner of the Cane Creek Water and Sewer District.
2. Upon and after the July 1, 2000, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Cane Creek Water and Sewer District of Henderson County, North Carolina and shall be entitled to the same privileges and benefits as other parts of the Cane Creek Water and Sewer District of Henderson County, North Carolina.
3. The Henderson County Utilities Director shall keep a map of the subject property on file at the Henderson County Utilities Department office, which is currently located at 100 North King Street, Hendersonville, North Carolina, 28792.

1. By virtue of the authority granted by N.C.G.S. 162A-87.1, the boundaries of the Cane Creek Water and Sewer District are hereby extended to include the properties located with the boundary described below and all such properties are hereby annexed and made a part of the Cane Creek Water and Sewer District as of July 1, 2002: Beginning at a point located at the intersection of the southern margin of Banner Farm Road (SR 1331) and the eastern margin of Ladson Road (SR 1314), said beginning point also being the southernmost point in the existing Cane Creek Water and Sewer District boundary; thence, along and with the southeastern boundary of the existing Cane Creek Water and Sewer District and following the eastern margin of Ladson Road (SR 1314) in a northeasterly direction approximately 5,808 feet to the intersection of the eastern margin of Ladson Road (SR 1314) and the center line of Boylston Creek; thence, following the center line of the aforesaid creek in an easterly direction approximately 3,650 feet to the confluence of Boylston Creek and the French Broad River; thence, following the center line of the French Broad River in a northerly direction, approximately 400 feet to a point located at the intersection of the French Broad River and N.C. Highway 191; thence, continuing with the center line of the French Broad River in a northerly direction, approximately 17,100 feet to a point located at the intersection of the French Broad River and the center line of Butler Bridge Road (SR 1351); thence, following the center line of Butler Bridge Road (SR 1351) in an easterly direction, approximately 5,280 feet to the intersection of the center line of Butler Bridge Road (SR 1351) and the center line of I-26, thence southerly along and with the center line of Interstate Highway 26 approximately 3,200 feet to a point which is the intersection of the center lines of Interstate Highway 26 and U.S. Route 25, thence northerly along and with the center line of U.S. Route 25 approximately 800 feet to the intersection of the center lines of U.S. Route 25 and Old Hendersonville Road (SR 1536), thence easterly along and with the center lines of Old Hendersonville Road (SR 1536) approximately 1,400 feet to the intersection of the center lines of Old Hendersonville Road (SR 1536), sometimes referred to as Old Howard Gap Road, and the Southern Railway main track, thence northerly along and with the center line of the Southern Railway main track approximately 8,000 feet to a point where the Southern Railway track intersects with the center line of Cane Creek, thence easterly along and with the center line of Cane Creek approximately 1,400 feet to a point where the center line of Cane Creek intersects with the center line of Howard Gap Road (SR 1006), thence southerly along and with the center line of Howard Gap Road (SR 1006) approximately 1,000 feet to a point that is the intersection of center lines of Howard Gap Road (SR 1006) and Jackson Road (SR 1539), thence easterly along and with the center line of Jackson Road (SR 1539) approximately 11,000 feet to a point where the center line of Jackson Road (SR 1539) intersects with the center line of Hooper's Creek, thence easterly along and with the center line of Hooper's Creek approximately 3,000 feet to a point where the center line of Hooper's Creek intersects with the center line of Souther Livingston Road (SR 1552), also known as Livingston Road, thence northerly along and with the center line of Souther/Livingston Road (SR 1552) approximately 1,600 feet to a point where the center line of Souther/ Livingston Road (SR 1552) intersects with the center line of Jackson Road (SR 1539), thence northeasterly along and with the center line of Jackson Road (SR 1539) approximately 2,000 feet to the intersection of the center lines of Jackson Road (SR 1539) and Hooper's Creek Road (SR 1553) thence westerly along and with the center line of Hooper's Creek Road (SR 1553) approximately 3,000 feet to the intersection of the center lines of Hooper's Creek Road (SR 1553) and Burney Mountain Road (SR 1552), thence northwesterly along and with the center line of Burney Mountain Road (SR 1552) approximately 3,000 feet to the intersection of the center lines of Burney Mountain Road (SR 1552) and Mills Gap Road (SR 1551), thence northerly along and with the center line of Mills Gap Road (SR 1551) approximately 1,000 feet to the intersection of the center line of Mills Gap Road (SR 1551) with the Henderson County/Buncombe County line, thence from the intersection of Mills Gap Road (SR 1551) and the Buncombe & Henderson County Line and leaving the boundary of the existing Cane Creek Water and Sewer District, East along and with the Buncombe & Henderson County Line approximately 20,693 feet to the intersection of the Buncombe & Henderson County Line and Young's Gap Road (SR 1571), thence, leaving the Buncombe & Henderson County Line, South along and with the center line of Young's Gap Road (SR 1571) approximately 8,470 feet to the intersection of Young's Gap Road (SR 1571) and Lindsey Loop Road (SR 1553), thence along the center line of Lindsey Loop Road (SR 1553) approximately 2,579 feet to the intersection of Lindsey Loop Road (SR 1553) and Hooper's Creek Road (SR 1569), thence along and with the center line Hooper's Creek Road (SR 1569) approximately 3,529 feet to the intersection of Hooper's Creek Road (SR 1569) and Hooper's Creek Church Road (SR 1570), thence continuing South along and with the center line of Hooper's Creek Church Road (SR 1570) approximately 1,693 feet to the intersection of Hooper's Creek Church Road (SR 1570) and Terry's Gap Road (SR 1565), thence along and with Terry's Gap Road (SR 1565) Southeast approximately 7,092 feet to a point on a line between Hightop Mountain and Bearwallow Mountain, that same line being a point in the northwestern boundary of the Hendersonville Mud Creek Sewer District, thence along and with this northwestern boundary of the Hendersonville Mud Creek Sewer District the following 11 calls and distances: South 57 deg. 21 min. 35 sec. West 4,489.20 feet to a point on Hightop Mountain, thence South 12 deg. 34 min. 21 sec. West 11,957.81 feet to a point on Rocky Mountain, thence South 48 deg. 42 min. 17 sec. West 6,835.26 feet to a point on Bryson Mountain, thence South 37 deg. 49 min. 38 sec. West 9,733.11 feet to NCGS Grid Monument Berkley, thence North 67 deg. 31 sec. 57 min. West 4,074.39 feet to NCGS Grid Monument Stoney, thence South 36 deg. 04 min. 56 sec. West 5,104.83 feet to NCGS Grid Monument Roe, thence North 43 deg. 40 min. 11 sec. West 2,162.01 feet to NCGS Grid Monument Scott, thence North 16 deg. 28 min. 08 sec. West 2,055.96 feet to NCGS Grid Monument Sedge, thence South 73 deg. 49 min. 14 sec. West 4,950.99 feet to a point, thence South 1 deg. 18 min. 18 sec. West 7,787.27 feet to NCGS Grid Monument Turley, thence South 25 deg. 29 min. 17 sec. West, 100.80 feet to the intersection of Shaw Creek; thence leaving the northwestern boundary of the Hendersonville Mud Creek Sewer District along and with the center line of Shaw Creek to the intersection of Shaw Creek and U.S. Highway 64, thence along and with the center line of U.S. Highway 64 to the intersection of U.S. Highway 64 and Banner Farm Road (SR 1331), thence along and with the center line of Banner Farm Road (SR 1331) approximately 8,286 feet to the intersection of Banner Farm Road (SR 1331) and Ladson Road (SR 1314), and being the point and place of beginning.
2. Upon and after July 1, 2002, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Cane Creek Water and Sewer District of Henderson County, North Carolina and shall be entitled to the same privileges and benefits as other parts of the Cane Creek Water and Sewer District of Henderson County, North Carolina.
3. The Henderson County Utilities Director shall keep a map of the subject property on file at the Henderson County Utilities Department office, which is currently located at 100 North King Street, Hendersonville, North Carolina, 28792.