1980 - 11-17-80 Regular Meeting - Laserfiche WebLink

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~rl 80 PRELIMINARY RESOLUTION TO ACQUIRE AN AIR EASEMENT IN CONFORMITY WITH THE HEIGHT LIMITATIONS ESTABLISHED BY THE LEE COUNTY AIRPORT HEIGHT HAZARD ORDINANCE UNDER POWER OF EMINENT DOMAIN WHEREAS, the City of Sanford and the County of Lee, jointly operate an airport, a public enterprise, through a joint agency known as the Sanford-Lee County Airport Commission; and WHEREAS, the legal title to all the real property and all easements necessary to the undertaking is and shall be held jointly as tenants in common in equal proportions; and WHEREAS, Lee County adopted on August 6, 1969, an airport height hazard ordinance, a copy of which is attached hereto marked as Exhibit "B", which applies to the parcel of land described and depicted in Exhibit "A", except that some obstructions which exceed the limiting heights set forth in said ordinance presently exist and did so on the date of adoption of said ordinance; and WHEREAS, the property owner identified in this resolution has refused to either donate or sell to the City of Sanford and County of Lee the easement necessary to bring said property into conformity with said ordinance; and WHEREAS, the Sanford-Lee County Airport Commission has recom- mended and the Board of Commissioners for the County of Lee has determined that it is in the best interest for the County of Lee, acting with the Cityf Sanford, to jointly acquire an easement in the airspace in conformity with the height limitations established by the Lee County Airport Height Hazard Ordinance over the parcel of land described and depicted in Exhibit "A" to enlarge, improve, and extend the Sanford-Lee County Airport; and WHEREAS, Article 8 of Chapter 153A of the North Carolina General Statutes, authorizes the County to acquire this Easement and authorizes the use of the procedures set out in Chapter 160A, Article 11, and said procedures require that acquisition by eminent domain be initiated by this preliminary condemnation resolution;