Transcription of 1982.031.

006 Doc-047
Transcribed with assistance from FromThePage.com users abbys & Tom York
Letter #1
RUPERT T. PICKENS
ATTORNEY AT LAW
SECURITY NATIONAL BANK BUILDING
HIGH POINT, N. C.

December 20, 1943

Mr. J. W. Hiatt
Harris & Covington Hosiery Mill
308 Oak Street
High Point, N. C.

Dear Mr. Hiatt:

With reference to the Harris land matter with the

City of High Point, I have received from the City
a deed concerning the strip conveyed to the City
by Mrs. Florence W. Harris and J.W. Harris on
November 26, 1920, together with the City's check
for Seven Hundred ($700.00) Dollars payable to Mrs.
Elizabeth H. Covington and J. Welch Harris. I am
enclosing herewith the check for delivery to the
payees, and I am having the deed recorded in the
Register of Deeds office, Greensboro.

I believe I have heretofore delivered to you a copy

of the deed executed by Mrs. Covington and Mr. Harris
to the City in connection with this transaction, which
deed conveys to the City a base or qualified fee to
the property traversed by North Hamilton Street as it has
been opened, with provision for a reversion of the titile
to the grantors in the event the land should ever cease
to be used for street purposes. I have also delivered
to you a certified copy of a resolution adopted by the
City Council on December 9 concerning this transaction.

As I have previously stated to you and to Mr. Harris,

the title which Mrs. Covington and Mr. Harris have re-
ceived from the City of High Point to the 30-foot strip
previously conveyed by their father and mother to the
City is not entirely free from question. As you will
recall, this matter came into my hands after a contract
had been entered into between Mrs. Covington and Mr.
Harris and the City. This contract, as set forth in
the letter of Welch Harris and Mrs. Covington to
E. M. Knox, City Manager, under date of June 4, 1942,
provided that the City should "quit-claim" the 30-
foot strip, and did not require that the City should
replace a marketable, fee simple title in Mr. Harris
and Mrs. Covington. As a matter of fact, although the
deed of Mrs. Florence W. Harris and J. W. Harris to
the City, given in 1920, is subject to debate as to
its legal effect, I think it conveyed only a right-of-
way, and not the fee simple title. This is the theory
which I have had the City to adopt in the recitals in
the deed to Mr. Harris and Mrs. Covington.

A city, or at least the City of High Point, can only

convey a fee simple title by having a public auction
sale after advertisement as required by statute. Such
a sale was not had in this case for several reasons,
the principal ones being that I did not consider that
the City had a fee simple title in the 30-foot strip
to convey, but that it only had a right-of-way, and
for the second reason that the City was required by
its contract with Mr. Harris and Mrs. Covington only
to quit-claim and abandon its rights therein. It would
have been something of a farce, not to mention trouble
and expense, for the City to have gone through a form-
ality of a public sale of property to which it only had
a right to use for street purposes.

A possible source of controversy concerning this 30-foot

strip may arise in connection with adjoining property
owners, and particularly the High Point Steam Laundry.
We have proceeded upon the theory that North Hamilton
Street was never opened over this strip, and that the
City could abandon its street rights therein in view
of its change of the course and direction of the street.
However, if the street, or any part thereof, was ever
actually opened and used, the City was and is without
power to deprive the owners of land abutting same of
street privileges. The City claims never to have opened
the street. Notwithstanding, we cannot ignore the fact
that the High Point Steam Laundry has been using a part
of this 30-foot strip as a means of ingress and
egress to its laundry. Whether the street was ever
opened and used is a question of fact which, if it
ever arises, could only be definitely and finally
determined by litigation.

At any rate, I think that Mrs. Covington and Mr.

Harris are in as good shape with respect to the
title of the 30-foot strip as the circumstances
would permit. In the worse possible light, the
30-foot strip is subject to be used for street pur-
poses. The nature and condition of the whole tract
of land is such that the owners would not be hurt,
but rather would be benefited, by having a street
in that place. The property is only suitable for
commercial or industrial purposes. If a building
were ever erected on the Harris property west of
North Hamilton Street as it is now opened, it would
be desirable, if not necessary, that a street or
alley be had where the 30-foot strip lies.

I am enclosing my statement for services rendered

in this transaction in the amount of $75.00 plus
$1.10 which I advanced for federal revenue stamps
placed upon the deed to the City, and $2.00 re-
cording fees advanced for the recordation of the
City-s deed to Mr. Harris and Mrs. Covington.

As soon as the City's deed to the present owners

has been spread upon the records, I will forward
it to you. For your and Mrs. Covington's infor-
mation in the meantime, I am enclosing a copy of
that deed.

Yours very truly,

Rupert T. Pickens

RTP/s
Encls.

Letter #2

RUPERT T. PICKENS
ATTORNEY AT LAW
SECURITY NATIONAL BANK BUILDING
HIGH POINT, N. C.

December 31, 1943

Mr. J. W. Hiatt
Harris-Covington Hosiery Mill
308 Oak Street
High Point, N. C.

Dear Mr. Hiatt:

Enclosed herewith you will find the recorded

deed of the City of High Point to Welch Harris
and Mrs. Covington concerning the North Hamilton
street matter.

With best wishes for a happy and prosperous New

Year, I am

Yours very truly,

Rupert T. Pickens

RTP/s
Encl.

Deed Text

RESOLUTION ABANDONING ALL RIGHT HERETOFORE ACQUIRED BY THE CITY

OF HIGH POINT FOR STREET PURPOSES IN THE LAND HEREIN DESCRIBED.

WHEREAS, by deed dated November 26, 1920, and recorded in

Book 626, Page 410, Register of Deeds office, Guilford County, North
Carolina, J. W. Harriss and his wife Florence W. Harriss conveyed
the following described land to the City of High Point for street
purposes only:

BEGINNING at a stone, corner of Richardson, Steele

and Harris property, running south along the line
of Steele and W. P. Pickett & Co., about Two hundred
Two feet to a stake in Mrs. Betty Clark's line;
thence east with said Clark's and Mrs. W. L. Stamey's
line thirty feet to a stake; thence north about
two hundred two feet to a stake in Richardson's line;
thence west with said Richardson's line thirty feet
to the beginning, this being an extension of North
Hamilton Street through the property of Mrs. Florence
W. Harriss.

WHEREAS, the above described land was acquired by the City

for street purposes apparently for the purpose of extending Hamilton
Street; and,

WHEREAS, the said land above described has never been opened
or used for street purposes; and,

WHEREAS, according to plans made by the City of High Point

within the past two or three years the course of Hamilton Street has
been changed to provide that said Hamilton Street be extended through
the Harriss property a short distance east of the land herein
described and said Hamilton Street has already been opened through
the Harriss property according to such plans; and,

WHEREAS, Mrs. Elizabeth H. Covington and J. Welch Harriss, the

present owners of the Harriss property, have agreed to execute and
deliver to the City of High Point a good and sufficient deed for the
street right of way east of the land herein described for the sum of
$700.00 and upon the condition that no street paving or benefit
assessment or sidewalk assessment be charged now or at any time hereafter
against the remainder of their property and that no charge be made
now or at any time hereafter against their property for water and sewer
mains and upon the further condition that the City of High Point
abandon all right, title and interest for street purposes in and to
the land above described and execute and deliver to the said Mrs.
Elizabeth H. Covington and J. Welch Harriss a quit-claim deed for
the land above described.

NOW, THEREFORE, be it resolved by the Council of the City

of High Point in regular meeting duly assembled on the 9th day of
December, 1943, as follows:

1. That all right, title and interest which the City of

High Point acquired in the following described land under deed from
J. W. Harriss and wife Florence W. Harriss dated November 26, 1920,
and recorded in Book 626, page 410, be and the same hereby is abandoned:

Beginning at a stone, corner of Richardson, Steele

and Harris property, running south along the line
of Steele and W. P. Pickett & Co., about Two Hundred
Two feet to a stake in Mrs. Betty Clark's line;
thence east with said Clark's and Mrs. W. L. Stamey's
line thirty feet to a stake; thence north about two
hundred two feet to a stake in Richardson's line;
thence west with said Richardson's line thirty feet
to the beginning, this being an extension of North
Hamilton Street through the property of Mrs. Florence
W. Harriss.
2. That the Mayor and City Clerk be authorized to execute and
deliver to the said Mrs. Elizabeth H. Covington and J. Welch Harriss
a quit-claim deed to the land above described.

3. That the city pay to Mrs. Elizabeth H. Covington and J.

Welch Harriss $700.00 upon execution and delivery by them of a good
and sufficient deed for a right of way for Hamilton Street as the same
has been planned, opened and laid out.

4. That as a part of the consideration for the deed to the city

from Mrs. Elizabeth H. Covington and J. Welch Harriss it is understood
and agreed that no street paving or sidewalk or benefit assessment
on account of the improvement of Hamilton Street be charged now or
at any time hereafter against the remainder of the property belonging
to them and that no charge, now or hereafter, will be made against
such property on account of the installation of water and sewer mains.

NORTH CAROLINA,
GUILFORD COUNTY.

I, Lois Welborn, City Clerk of the City of High Point,

North Carolina, DO HEREBY CERTIFY that the foregoing is a true
copy of a resolution adopted by the council of said city on the
9th day of December, 1943, entitled, "Resolution abandoning all
right heretofore acquired by the City of High Point for street
purposes in the land herein described," as appears of record
in Minute Book 12 of said Council, and that I have compared
the extract hereinafter set forth with the original thereof and
it is a true copy of said resolution.

In witness whereof I have hereunto set my hand and seal

of the said City of High Point, this 10 day of December, 1943.

Lois Welborn
City Clerk.