NORTH CAROLINA GENERAL ASSEMBLY
HOUSE BILL 1308
AN ACT TO AUTHORIZE THE BERTIE COUNTY BOARD OF EDUCATION TO EXCHANGE PRESENT AULANDER COLORED SCHOOL LOT AND BUILDING FOR 3.65 ACRES AS PART OF SITE FOR NEW AULANDER ELEMENTARY SCHOOL.
WHEREAS, the Bertie County Board of Education now owns the Aulander Colored School lot and building in the Town of Aulander, Bertie County; the lot fronting 150 feet on the East side of the Aulander‑Windsor Highway, N. C. Route 305, and extending through to and fronting on the west side of Broad Street, extended, 150 feet, bounded on the North by the Mahlon Artis or E. L. Rice lot, on the West by said highway, on the East by Broad Street, extended, and on the South by proposed Poplar Street, and being about 210 feet deep between the right of way line on the East side of the highway and the property line on the West side of Broad Street; and there being on that lot a frame building now used for the Aulander Colored School; and
WHEREAS, with funds obtained from sale of Bertie County School Bonds which were authorized by vote of the people, the Bertie County Board of Education is now planning to construct a new, modern, brick, seven‑teacher building for the Aulander Elementary School, which will accommodate students from a larger area, and to contract for the start of construction of the new building during 1963 and have it ready for use in September, 1964; and
WHEREAS, the Bertie County Board of Education needs and has selected a site of 10 acres for the new Aulander Elementary School, located in Mitchells Township about one mile South of the Town of Aulander and at the northwest corner of the intersection of the Aulander‑Windsor Highway, N. C. Route 305, and the Harrington Avenue; the Bertie County Board of Education has heretofore acquired title to 6.35 acres of the required school site by deed from Revah H. Mitchell and husband, M. H. Mitchell; the remainder of 3.65 acres of the required new site for the new school is now owned by Wayland L. Jenkins; and the Bertie County Board of Education and Wayland L. Jenkins have negotiated and agreed upon an exchange of their respective properties: Now, therefore,
The General Assembly of North Carolina do enact:
Section 1. The Bertie County Board of Education is hereby authorized, empowered and directed to exchange properties with Wayland L. Jenkins, for the purpose of acquiring the necessary site for the new Aulander Elementary School, by simultaneous exchange of deeds without monetary consideration, and the said exchange is to be made and accomplished in the manner and on the terms provided in this Act.
Sec. 2. The Bertie County Board of Education is hereby authorized, empowered and directed to accept from Wayland L. Jenkins, widower, a good and sufficient deed in fee simple with usual covenants and warranty for the 3.65 acres of Charles H. Jenkins Cox land as described on the map of the "Aulander Negro School Site" which was made by L. T. Liverman, Jr., dated April 3‑4, 1962. Possession is to be delivered upon the delivery of the deed.
Sec. 3. The Bertie County Board of Education is hereby authorized, empowered and directed to sell to Wayland L. Jenkins by private sale, without public advertisement and without public auction, and to execute and deliver to Wayland L. Jenkins a good and sufficient deed in fee simple with usual covenants and warranty for the present Aulander Colored School lot and building, as hereinbefore described; being lots 4, 5 and 6 of Block 29 of the R. G. Dunning land as shown upon the map made by R. E. White, Engineer, dated March 17, 1918, and recorded in the office of the Register of Deeds for Bertie County in Map Book 1, at page 7; and being the same land conveyed by deed from E. L. Rice and wife, Maude M. Rice, to M. B. Gillam, Esteus White, T. A. Smithwick, R. A. Urquhart and C. W. Mitchell, Jr., Board of Education, dated June 30, 1920, and recorded in the office of the Register of Deeds for Bertie County in Book 209, at page 398. This deed shall provide: that possession of the lot and old school building shall be delivered to Wayland L. Jenkins on or before the 1st day of July, 1964; that Bertie County Board of Education shall not pay any rent to Wayland L. Jenkins for the use and occupancy of the land and building prior to July 1, 1964; and that until the delivery of possession of the premises to Wayland L. Jenkins, the Bertie County Board of Education shall keep the present frame Aulander Colored School Building adequately insured in the names of the Bertie County Board of Education and Wayland L. Jenkins, as their interests shall appear.
Sec. 4. This Act shall be in addition to all other powers and authority conferred by law upon the Bertie County Board of Education.
Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 6. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 18th day of June, 1963.