South Avenue Contract

Here Is The Proposed South Avenue Contract


NORTH CAROLINA
PAMLICO COUNTY
AGREEMENT
THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of May,
2012, by and between the TOWN OF ORIENTAL, a North Carolina municipal corporation,
party of the first part (“Town”), and G. CHRISTOPHER FULCHER and wife DEBORAH
WILLIS FULCHER, citizens and residents of Pamlico County, North Carolina (“Fulcher”) and
BAY CITY LODGE, INC., a North Carolina corporation (“Bay City”), parties of the second
part, all hereinafter collectively are referred to as the “Parties.”
W I T N E S S E T H:
THAT WHEREAS, the Town is considering closing the right of way of Avenue A and a
portion of the western terminus of the right of way of South Avenue at Raccoon Creek, said
rights of way being more specifically described in Exhibit A attached hereto and incorporated
herein by reference (the “Street R/W”), and identified on the survey attached hereto as Exhibit D
as “Exhibit A Street Closings”); and, because there exist plats or maps showing Neuse Front
Street, Avenue B and Main (or Maine) Street, the term “Street R/W” shall include any and all
streets or rights of way or remnants thereof in the area west of the portion of Wall Street that
extends from the southern margin of South Avenue to the Neuse River and westwardly, South of
South Avenue, to Raccoon Creek (all the property of Fulcher or entities controlled by Fulcher);
and
WHEREAS, if the Town closes the Street R/W, Fulcher and Bay City desire to convey to
the Town in fee simple certain real property located in the Town, said property being more
specifically described in Exhibit C attached hereto and incorporated herein by reference (the
“Property”) and to convey and dedicate a street right of way for public use to the Town a parcel
of land more specifically described in the attached Exhibit B; both of which are identified on the
survey attached hereto as Exhibit D as “Exhibit B Rededicated Portion South Avenue” and
“Exhibit C To be Conveyed to Town of Oriental” respectively; and
WHEREAS, the Parties hereto desire to reduce their respective obligations regarding the
Street R/W and the Property to writing in the event the Town closes the Street R/W.
Page 1 of 8
NOW, THEREFORE, IT IS MUTUALLY AGREED by and among the Parties as
follows:
1.
Definitions
1.1.
Certain terms having specific definitions are used in this Agreement, and these
terms and definitions, unless the context clearly indicates to the contrary, are as set forth in this
Section 1. The defined terms appearing in this Section are set forth in the Agreement in the
exact capitalized form as they appear between the quotation marks. When the same term is used
in this Agreement with the meaning as assigned herein, it shall appear in the identical capitalized
form. Otherwise, the meaning shall be as used in the context of the sentence in which it appears
and not necessarily that as defined herein.
1.1.1. “Agreement” – means this Agreement among the Town and Fulcher and
Bay City.
1.1.2. “Bay City” – means Bay City Lodge, Inc., a North Carolina corporation
with its principal, office and place of business in Oriental, Pamlico County, North Carolina.
1.1.3
“Deed(s)” – means one or more general warranty deeds conveying the
Property from Fulcher and Bay City to the Town in fee simple (Exhibit C parcel) or as public
street right of way (Exhibit B parcel).
1.1.4. “Fulcher” - means G. Christopher Fulcher and wife Deborah Willis
Fulcher, citizens and residents of Pamlico County, North Carolina.
1.1.5.
“Property” – means the real property owned by Fulcher and a portion of
the real property owned by Bay City located in the Town of Oriental, Pamlico County, North
Carolina, more specifically described on Exhibit C attached hereto and incorporated herein by
reference.
1.1.6. “Street Dedication” - means the real property identified on the attached
Exhibit B and being a portion of the real property conveyed to Fulcher and/or Bay City as a
result of the Town closing the Street R/W that Fulcher and/or Bay City shall dedicate to the
Town for use as a public street in the event the Street R/W is closed by the Town.
1.1.7. “Street R/W” – means the real property identified on the attached Exhibit
A, together with any streets or rights of way or remnants thereof in the area west of the portion of
Wall Street that extends from the southern margin of South Avenue to the Neuse River and
westwardly, South of South Avenue, to Raccoon Creek (all of the property of Fulcher or entities
Page 2 of 8
controlled by Fulcher) of the Town, whether or not shown on Exhibit D, and excluding any and
all utility easements that may exist, or that may be retained by the Town, within the area
identified on the attached Exhibit A.
1.1.8
“Town” - means the Town of Oriental, a municipal corporation duly
established and existing pursuant to the laws of the State of North Carolina.
2.
Town Obligations
2.1.
The Town shall consider closing the Street R/W in compliance with North
Carolina law no later than July 31, 2012.
2.2.
The Town shall cause a survey of the Street R/W (not necessarily showing all
remnants or platted streets), the Street Dedication and the Property to be prepared.
2.3.
If the Board of Commissioners determines that it is not in the best interest of the
Town to close the Street R/W, none of the Parties shall have any further obligations to the others
under this Agreement.
2.4.
If the Board of Commissioners closes the Street R/W, the Town shall accept the
Deed(s) from Fulcher and Bay City for the Property, and cause the same to be recorded.
2.5.
If the Board of Commissioners closes the Street R/W, the Town shall also accept
the dedication of the Street Dedication and cause the same to be recorded.
2.6.
If the Board of Commissioners closes the Street R/W, the Town shall also relocate
the two existing structures identified on Exhibit D onto the Property at the Town’s sole cost and
expense no later than ninety (90) days after the recordation of the Deed(s) to the Property.
2.7.
If the Board of Commissioners closes the Street R/W, the Town shall also execute
an agreement with Fulcher and Bay City, and any related waivers, to establish the use of and
access to the riparian corridors as illustrated on Exhibit D.
2.8.
The Town shall have no obligation to pay for, fund, or finance the purchase of the
Property, or any of Fulcher’s or Bay City’s obligations hereunder.
2.9.
The Town shall be responsible for the costs and expenses associated with its
obligations under this Agreement.
2.10.
It is specifically understood and agreed between the Parties that every obligation
assumed herein by the Town is subject to the limitation “to the extent that it may legally do so.”
Page 3 of 8
3.
Fulcher and Bay City Obligations
3.1.
Fulcher and Bay City shall prepare and execute the Deed(s) to convey the
Property to the Town, and deliver the same to the Town Manager who shall hold the Deed(s) in
trust pending the Board of Commissioners’ decision to close the Street R/W. If the Board of
Commissioners closes the Street R/W, the Town Manager shall cause the Deed(s) to be recorded.
If the Board of Commissioners determines that it is not in the best interest of the Town to close
the Street R/W, the Town Manager shall return the Deed(s) to Fulcher and Bay City within ten
(10) days of the Board’s decision.
3.2.
Fulcher and/or Bay City shall also prepare and execute a street dedication to
dedicate the Street Dedication to the Town for use as a public street, and deliver the same to the
Town Manager who shall hold the same in trust pending the Board of Commissioners’ decision
to close the Street R/W. If the Board of Commissioners closes the Street R/W, the Town
Manager shall cause the Street Dedication to be recorded. If the Board of Commissioners
determines that it is not in the best interest of the Town to close the Street R/W, the Town
Manager shall return the Street Dedication to Fulcher and/or Bay City within ten (10) days of the
Board’s decision.
3.3.
If the Town Manager records the Deed(s) to the Property, Fulcher shall cause the
removal the dolphin at the channel end terminus of the partially completed dock or pier located
on the Property no later than thirty (30) days after recordation of the Deed(s). Fulcher may keep
the piles from the dolphin, and shall in any event remove them from the Property unless the
Parties otherwise agree in writing.
3.4.
If the Town Manager records the Deed(s) to the Property, Fulcher shall install
appropriate pilings to extend the partially completed dock or pier located on the Property to the
maximum permitted length while maintaining the existing width of the said dock or pier no later
than forty-five (45) days after recordation of the Deed(s).
3.5.
If the Town Manager records the Deed(s) to the Property, Fulcher and Bay City
shall transfer all existing permits associated with the Property to the Town to the greatest extent
possible no later than ten (10) days after such recordation of the Deed(s), or as soon thereafter as
practicable.
3.6.
If the Town Manager records the Deed(s) to the Property, Fulcher and/or Bay City
shall execute any and all documents necessary and appropriate to transfer the Bay River
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Metropolitan Sewerage District sewer tap located adjacent to the Property to the Town no later
than thirty (30) days after recordation of the Deed(s), so that the Town may locate the sewer tap
to the Property.
3.6.
If the Town Manager records the Deed(s) to the Property, Fulcher and Bay City
shall also execute an agreement with the Town, and any related waivers, to establish the use of
and access to the riparian corridors as illustrated on Exhibit D.
3.7.
Within three (3) years of recording the Deed(s), and only in the event the Town
adopts an ordinance allowing property owners to waive side setbacks for Town parks while
Fulcher and/or Bay City (or any entity or entities whose majority interest[s] are owned or
controlled by them or either of them) directly or indirectly owns the real property to the
immediate south of the Property, Fulcher and Bay City agree to waive any side setbacks along
the southern line of the Property to the greatest extent possible.
3.8.
Fulcher and Bay City shall be responsible for the costs and expenses associated
with their respective obligations under this Agreement.
4. Miscellaneous
4.1. If any of the provisions of this Agreement shall be held by a court of competent
jurisdiction to be unconstitutional or unenforceable, the decision of such court shall not affect or
impair any of the remaining provisions of this Agreement, and the parties shall, to the extent they
deem to be appropriate, take such actions as are necessary to correct any such unconstitutional or
unenforceable provision. It is hereby declared to be the intent of the parties to this Agreement
that this Agreement would have been approved and executed had such an unconstitutional or
unenforceable provision been excluded therefrom.
4.2.
This Agreement shall be enforceable by each party hereto by all remedies
available at law or in equity, including but not limited to specific performance. Failure or delay
to exercise any right, remedy or privilege hereunder shall not operate as a waiver of such right,
remedy or privilege nor prevent subsequent enforcement thereof.
4.3.
This Agreement shall be executed by the Parties hereto in triplicate originals, each
of which, when executed, shall constitute one and the same Agreement and one of which shall be
retained by each party.
4.4.
This Agreement shall be governed in accordance with the laws of the State of
North Carolina.
Page 5 of 8
4.5.
Each party agrees that from and after the date of execution hereof, each will, upon
the request of the other, execute and deliver such other documents and instruments and take such
other actions as may be reasonably required to carry out the purpose and intent of this
Agreement.
4.6.
This Agreement may not be modified or amended except by subsequent written
agreement authorized and executed by each party.
4.7.
This Agreement is solely for the benefit of the identified parties to the Agreement
and is not intended to give any rights, claims, or benefits to third parties or to the public at large.
4.8.
No party hereto may assign this Agreement without the express written consent of
the others, which consent shall not be unreasonably withheld.
IN WITNESS WHEREOF, the Town of Oriental has caused this Agreement to be
signed and executed in its behalf by its Mayor, and duly attested by its Town Clerk or Deputy
Clerk; and Bay City Lodge, Inc. has caused this Agreement to be signed and executed by its
president or vice president, after due authorization by its Board of Directors; and G. Christopher
Fulcher and wife Deborah Willis Fulcher have signed and executed this Agreement, all in
triplicate, on the day and year first above written.
TOWN OF ORIENTAL
By:
William R. Sage, Mayor
ATTEST:
______________Oriental Town Clerk
BAY CITY LODGE, INC.
By: ________________________________
G. Christopher Fulcher, President
Page 6 of 8
G. Christopher Fulcher
____________________________________
Deborah Willis Fulcher
STATE OF NORTH CAROLINA—COUNTY OF PAMLICO
I, _____________________________________________________,the undersigned Notary
Public of the County and State aforesaid, certify that Robert J. Maxbauer, personally known
to me or identified by satisfactory evidence, personally came before me this day and
acknowledged that he is the Town Clerk for the Town of Oriental a North Carolina municipal
corporation, and that William R. Sage is Mayor of the Town of Oriental, and, by authority
duly given and as the act of such entity duly approved and authorized by the Oriental Board
of Commissioners, they both voluntarily signed the foregoing instrument in its name on its
behalf as its act and deed.
Witness my hand and Notarial stamp or seal, this the _____ day of May 2012
My Commission Expires:
Notary Public
Page 7 of 8
STATE OF NORTH CAROLINA—COUNTY OF PAMLICO
I, _____________________________________________________,the undersigned Notary
Public of the County and State aforesaid, certify that G. Christopher Fulcher, personally
known to me or identified by satisfactory evidence, personally came before me this day and
acknowledged that he is the President of Bay City Lodge, Inc., a North Carolina corporation,
and that by authority duly given and as the act of such entity, he voluntarily signed the
foregoing instrument in its name on its behalf as its act and deed.
Witness my hand and Notarial stamp or seal, this the _____ day of May 2012
My Commission Expires:
Notary Public
STATE OF NORTH CAROLINA—COUNTY OF PAMLICO
I, the undersigned Notary Public of the County and State aforesaid, hereby certify that G.
Christopher Fulcher and wife Deborah Willis Fulcher, personally known to me or identified
by satisfactory evidence,, personally came before me this day and acknowledged, their due
and voluntary execution of the foregoing instrument for the purposes therein stated.
Witness my hand and Notarial stamp or seal, this the _____ day of May 2012
My Commission Expires:
Notary Public
Page 8 of 8

2012 NC Elections: Second Primary

Based on the results of yesterday's primary election in North Carolina, it looks like there may be a second primary. Such primaries are often called "runoff" primaries. They are scheduled when no single candidate in a partisan election receives 40% or more of the vote.

The schedule depends on whether there is a federal office requiring a runoff or if there are only state offices. We will receive the official notification after next week's canvass of votes and learn whether any candidates have requested a second primary.

My guess is that there will be a second primary and that there will be one or more federal offices involved.

This year, unlike the runoff in 2010, it appears that both the Republican and Democratic parties will have a second primary, and that it will probably be scheduled for July 17, 2012. The county board of elections will notify the public as soon as we have the official word.

Two years ago, I tried the explain second primaries here. On that occasion, we also had an "instant runoff" for a judicial election. We have no advance information so far that there will be an instant runoff.

I also advocated that North Carolina dump the runoff. It is costly and pointless and few voters turn out.

Stay tuned.

May 8, 1942: Queen Of The Flattops Sunk

Over the night of May 7, 1942, the skies cleared over Task Force 17 and the carriers Yorktown and Lexington. The heavy overcast that had for the past two days concealed the two carriers from Japanese reconnaissance moved instead over the Japanese carriers Shokaku and Zuikaku. Shortly after 6:00 am on the 8th, TF 17 launched scout planes to search for the Japanese force and the Japanese launched aircraft searching for the Americans.

At 0820, the Americans spotted the Japanese carriers through the clouds. Two minutes later, Japanese pilots sighted TF 17. The two carrier forces were about 210 miles apart. By 0915, the Japanese had launched a strike on TF 17 and TF 17 had launched a strike against the Japanese carriers.

At 10:57, Yorktown airplanes attacked Shokaku, striking the ship with two 1,000 lb bombs. A half hour later, Lexington aircraft struck Shokaku again. heavily damaged, Shokaku withdrew from the battle. Zuikaku, concealed beneath heavy rain squalls, suffered less damage.

Meanwhile, about 10:55, Lexington's radar detected the incoming Japanese air raid. The attack began at 11:13. Lexington was hit by two torpedoes, rupturing a large tank holding highly volatile aviation fuel, and damaging the port section of the fire main. Two bomb hits did further damage, but fires were contained by about 12:30.

Attackers also damaged Yorktown, hit in the center of her flight deck by a single 550 lb  semi-armor-piercing bomb which penetrated four decks before exploding, causing severe damage.

Both sides lost many aircraft in the ensuing melee. For different reasons, the two Admirals decided to withdraw from the battle. The Japanese no longer had the ability to provide air cover for the invasion of Port Moresby.

Both US carriers remained operational. Damage control parties in Lexington had fires under control and the ship operational. Shortly before 1:00, though, the ship suffered a series of explosions when sparks ignited fuel vapors. By 3:30 the fires had become uncontrollable. A little after 5:00 the crew began to abandon ship.

After the crew was evacuated, the destroyer Phelps fired five torpedoes into the blazing ship. Lexington sank just before 8:00 pm in 2,400 fathoms in the Coral Sea.

The Japanese never captured Port Moresby. Despite heavy fighting in the Solomons, Japan never succeeded in establishing a base at Guadalcanal.

Japan's Greater East Asia Co-Prosperity Sphere never expanded in the Pacific beyond its extent as of May 8, 1942.

It had been five months since Pearl Harbor.

Journalist Stanley Johnston was aboard Lexington for her voyage to the South Pacific and her subsequent battles, including her sinking on May 8, 1942. His book Queen of The Flattops is a classic of wartime journalism. It was a book of the month club selection after the war. I was about ten years old when I read it. I still recommend it to anyone who wants to get a feel for what it was like to go to sea on an aircraft carrier early in WWII.

Primary Election May 8

Don't forget to vote today.

Let every citizen vote.

Let every vote be counted.

May 7, 1942: Coral Sea Confusion

As dawn broke in the Coral Sea, Japanese and American commanders, seeking the wherebouts of their opponents, launched scout planes. Erroneous reports, misidentifications and a lot of to-ing and fro-ing.

Japanese scouts spotted the fleet oiler Neosho and her escorts, mistaking them for a carrier and a cruiser. The Japanese admiral launched an attack with all available aircraft. Neosho was sunk. American planes spotted the Port Moresby invasion force, with a small escort carrier, Shoho. Lexington aircraft attacked and sunk Shoho, thinking it was one of the main Japanese carriers, Shokaku or Zuikaku.

Japanese planes finally found American carriers after dark when some returning planes tried to land on an American carrier. They learned their error when they were fired on by antiaircraft guns.

A frustrating day for both sides.

America's World War II Readiness

One of the reasons I have been posting information about the early months after the Japanese attack on Pearl Harbor is to examine that aspect of the "standard narrative" that claims the United States was "unprepared" for war.

I'm not even sure what someone might mean by that claim. Unprepared in what way? Unprepared by service? Unprepared across all military platforms or only some of them? Inadequate logistics? Inadequate training? Poor morale?

Years ago, reading details of the Japanese attack on Pearl Harbor, I was struck by the fact that on a peaceful Sunday morning in a tropical paradise, when attacked without warning, the sailors on those ships during holiday routine manned their battle stations and managed to fire their antiaircraft weapons during an attack that lasted only five minutes. Their defensive fire during the second attack wave was so improved that Admiral Nagumo considered that as one reason not to launch a third wave.

Those sailors were prepared. During the cold war era, I would have been satisfied if all stations reported manned and ready within five minutes after sounding general quarters.

There were specific shortcomings in intelligence and weapons. The most notorious was the failure of our Mark 14 submarine torpedoes to perform as designed. It was clearly penny wise and pound foolish to build marvelous fleet submarines at great expense and then scrimp on testing their principal weapon.

But for the most part our ships and planes were superbly designed and built and their crews well trained.

A really good area for comparison between the United States and Japan is to look at their respective pilot training programs. Here is a very illuminating article on that subject. In brief, though Japan started the war with superb, experienced pilots, our pilots were very good and flew well-designed, rugged airplanes. The zeros were more maneuverable than their US Navy and Army counterparts at the outset, but they were also flimsier.

My conclusion is that we were quite well prepared for WWII.

Battle Of The Coral Sea: Chart

May 6, 1942: Coral Sea

On 6 May, VADM Fletcher combined Lexington (TF 11) and the cruiser/destroyer force into TF 17 (Yorktown). He believed the Japanese carriers were well to the north near Bougainville. Reconnaissance patrols failed to locate any of the Japanese naval forces, because they were located beyond scouting range.


At 10:00, a Kawanishi reconnaissance flying boat from Tulagi sighted TF 17 and notified its headquarters. Takagi received the report at 10:50. At that time, Takagi's force was about 300 nmi (350 mi; 560 km) north of Fletcher, near the maximum range for his carrier aircraft. He concluded, based on the sighting report, TF 17 was heading south and increasing the range. Furthermore, Fletcher's ships were under a large, low-hanging overcast which Takagi and Hara felt would make it difficult for their aircraft to find the American carriers. Takagi detached his two carriers with two destroyers under Hara's command to head towards TF 17 at 20 knots and to be in position to attack at first light.

American B-17 bombers based in Australia and staging through Port Moresby attacked the approaching invasion forces, including Gotō's warships, several times during the day on 6 May without success. MacArthur's headquarters radioed Fletcher with reports of the attacks and the locations of the Japanese invasion forces. MacArthur's fliers' reports of seeing a carrier (Shōhō) about 425 nmi (489 mi; 787 km) northwest of TF17 further convinced Fletcher fleet carriers were with the invasion force.

At 18:00, TF 17 completed fueling and Fletcher detached Neosho with a destroyer, Sims, to take station further south at a prearranged rendezvous. TF 17 then headed northwest towards Rossel Island in the Louisiades. Unbeknownst to the two admirals, their carriers were only 70 nm away from each other by 20:00 that night. At that time, Hara reversed course to meet Takagi who completed refueling and was now heading in Hara's direction.

Meanwhile on Corregidor, Brigadier General Wainwright surrendered the last remaining American army forces (about 12,000 men) to Japanese General Homma. 

The stage was set.