February 28, 1957 - 11:30 AM - County Board of Commissioners Meeting Minutes (Special)

1 3Fit width9sMeeting of Board of Lommissioners for the County of JohnstonFebruary 28, 1957The Board of County Commissioners of Johnston County reconvened in specialsession on February 28, 1957, at 1130 A M, in the Commissioners Room, with thefollowing members present;IR P Holding, Chairman, H M Johnsrn and R G GurleyAbsent Floyd C Price, Sr and J D BaileyThe following business was transacted1 After reviewing lease between Pau- Parrish Post of the American Legion and theBoard of County Commissioners of Johnston County as prepared by James A Wellons,Jr and J L George, County Attorney, the following motion was adoptedOn a motion made by H M Johnson, seconded by R G Gurley, it was movedthat R P Holding, Chairman, be authorized and directed to sign for and on behalfof the Board of County Commissioners of Johnston County the following lease°NCRTH CAROLINAJOHNSTON COUNTYThis lease made this 26 day of February, 1957, by and between Hugh M Austin,Sr, Adam J Whitley, Jr, P B Stevens, W H Rackley, W M Gaskins, Trustees;and Hugh M Austin, Jr, Post Commander and John Powell, Post Adjutant, of PauParrish Post, Department of North Carolina 132 of the American Legion, an unincor-porated, voluntary association of Johnston County, North Carolina, parties of thefirst part and The County of Johnston, a body politic party, party of the secondpart;WITNESSETHThat the parties of the first part in consideration of the rents, covenantsand agreements hereinafter mentioned to be kept and performed by the party of thesecond part, does hereby lease and rent unto the party of the second part, itssuccessors and assigns for a period of ten years, commencing on the date of theexecution of this instrument, with the lessor reserving the right to have accessto said premises and buildings for its own use at such times as will not interferewith the use of said property by the lessee or its assigns, the use to be substant-ially the same as hereinafter set forth in this lease, that certain property inSmithfield Township, Johnston County, and more fully described as followsA lot of land located between Selma and Smithfield just South of U S High-way # 301, and beginning at a point on the eastern side of a street, said streetrunning from U S Highway # 301 in a southerly direction into the American Legionproperty, said point being the southwestern corner of the property of Shelton Lewis,formerly Eddie Batchelor, and runs thence in a southerly direction and along theeastern side of the present street, which street is an extension of the afore-mentioned street through the American Legion property, two hundred and fifty feetto a street; thence in an easterly direction parallel with the southern line ofShelton Lewis property, formerly Eddie Batchelor property to the eastern boundaryline of the American Legion property; thence in a northerly direction along theeastern boundary line of the American Legion property approximately 250 feet tothe northern boundary line of the American Legion property just south of the CircleCourt; thence in a westerly direction and along the boundary line of the AmericanLegion property and the line of Shelton Lewis about 415 feet to the point of begin-ningAlso the right of ingress, egress and regress over and upon the road -way orstreet which runs from U S Highway 1 301 in a southerly direction into the AmericanLegion property and the extension of said street through the American Legion proper-ty in a southerly direction towards the Atlantic Coastline RailroadTo have and to hold the above described premises, together with the privilegeand appurtenances thereunto belonging unto the party of the second part for theperiod hereinabove mentioned, upon the following terms and conditions;1 The rent for said ten year period shall be ten dollars payable in advance2 The lessee shall have the privilege of constructing on said land a live -stock arena or building and any other buildings it desires to erect for the pro-motion and sale of livestock and any other agriculturalproducts, provided that allsuch construction, alterations or additions shall be made at the lessees own costand expense and without obligation or liability to the lessors3 The lessee will keep all buildings and Tounds in a reasonable state ofrepairs at no expense or obligation on the part of the lessors96February 28; 1957 Cont4 This lease is made upon the condition that if the lessee shall neglect to keepsaid buildings and premises in a reasonable state of repair or if the lessee shall -cease to use said buildings and premises as a livestock arena or market or for thepromotion and sale of livestock and other agricultural products, then said leaseshall terminate and said property shall revert to the lessors5 The lessee shall have the right to sublet the devised premises for a usesubstantially similar to the use for which lessee has leased the premises6 Provided the ten dollars rental provided for in paragraph one above has beenpaid and all other conditions of this lease have been properly complied with by it,lessee may at its option extend this lease for an additional term of ten years,bygiving to lessors written notice of its intention so to do not later than sixtydays prior to the termination of the lease; and in the event of such extension, allof the terms and conditions herein set out shall continue in full force and effectIn testimony whereof, said parties have executed this contract in duplicateoriginals, one of which is retained by each of the partiesHugh M Austin, Sr SEALAdam J Whitley Jr SEALP B Stevens SEALW HRackley SEALW M Gaskin SEALHugh M Austin Jr SEALJohn Powell SEALTHE BOARD OF CGMMISSIONERS FOR THECOUNTY OF JOHNSTONBY R P HoldingChairmanAttestW G MasseySecretarySTATE OF NORTH CAROLINA, JOHNSTON COUNTYI, H V Rase, C S C, do hereby certify that Hugh M Austin, Sr, Adam JWhitley, Jr, P B Stevens, W H Rackley, W MI Gaskins, Trustees; and Hugh MAustin, Jr, Post Commander and John Powell, Post Adjutant, of Pou Parrish Post,Department of North Carolina 132 of the American Legion, an unincorporated,voluntary association of Johnston County, North Carolina, personally appearedbefore me this day and acknowledged the due execution of the annexed LeaseWitness my hand and Notarial Seal this 26 day of Feby, A D 1957H V Rose SEALC S CMy Commission expiresSTATE GF NORTH CAROLINA, COUNTY OF JOHNSTONI, H V Rose, Clerk of Superior Court of Johnston County, hereby certify thatW G Massey personally appeared before me this day and being by me duly sworn saysthat he knows the common seal of the County of Johnston and is acquainted with RPHolding, who is chairman of the Board of Commissioners of said County, and that he,the said W G Massey, is the Secretary of said Board and saw the said Chairman signthe foregoing instrument, and that he, said Secretary, affixed said seal to saidinstrument and signed his name in attestion of the execution of said instrument inthe presence of said Chairman of said BoardLet the instrument, with the certificate, be registeredWitness my hand this the day of 1957Clerk of Superior Court2 Upon the recommendation of J L George, County Attorney, the followingmotion was adoptedOn a motion made by R G Gurley, seconded by H M Johnson, it was movedthat Jerry L George, County Attorney, be directed to advertise in accordance withia fFebruary 28, 1957 Contlaw for sealed bids for the construction of a livestock arena building, and plumb -ing, water and sewer including septic tank, as per specifications filed with AI aMassey, Register of Deeds, on the property leased by the County from the Pou-parrish post of the American Legion located east of Highway # 301, north of Smith-fieldThere being no further business, the meeting was adjourned