SECTION 3.
   (a)   The Governor shall convey to the incorporated Town of Butner on or before September 1, 2007, all right, title, and interest in all of the personal property used by the Department for the benefit of that portion of the Reservation to be incorporated by this bill in the operation of the Town of Butner including tools, vehicles, lawn mowers, backhoe loaders, and files specific to the operation of the newly incorporated Town of Butner including, but not limited to, the following:
      (1)   1992 Ford Truck, VIN number 1FTEF14Y6NLA85717;
      (2)   2002 Ford F-250, VIN number 1FTNW21F42EC18905:
      (3)   2003 Ford F-250, VIN number 1FTNX21P33EEC90069;
      (4)   2003 Ford F-250, VIN number 1FTNX21PX3EC90070;
      (5)   2003 Ford F-250, VIN number 1FTNX21P13EC90071;
      (6)   2007 International Dump Truck, VIN number 1HTWAAAN17J408280;
      (7)   Texas Bragg Utility Trailer, number 17XFP1011V1976244;
      (8)   Hardee trailer Tandem, number 1H9ET2148LLD59020;
      (9)   2007 Hudson 9-ton trailer, number 10HHTDID171000022;
      (10)   Toro 16HP walk behind mower model 30182, number 30182-690886;
      (11)   John Deere Z-TRAK Riding Mower, number TC0777B021014;
      (12)   Ford Model 1710 T22 Tractor with mower, number UL11130;
      (13)   Massey Ferguson MF481-4 tractor, number BP09020;
      (14)   Ford/New Holland Model DR655D backhoe/loader, number A430916;
      (15)   Bobcat model 743 Skid-steer loader, number 501939197;
      (16)   Hyundai Robex R55-7 mini excavator, number M80111802; and
      (17)   Such additional equipment used by the Department primarily for the operation of the Town of Butner as shown on a list of equipment agreed upon by the Department and the interim governing board of the Butner Advisory Council and which is on file with the Secretary and the Chairman of the Butner Advisory Council.
   (b)   On or before December 15, 2007, the Governor shall convey to the incorporated Town of Burner for use for recreation facilities, the preservation of open space, and future development all rights title, and interest in the following real property owned by the State of North Carolina, which property is within the area to be incorporated as the Town of Butner:
      (1)   Granville County Tax Parcel # 086501473006, as shown on that certain plat recorded at Plat Book 13, Page 122 of the Granville County Registry and containing 0.6065 acres more or less;
      (2)   Granville-County Tax Parcel # 086502572428, consisting of 5.79 acres more or less and more particularly described as a strip of land approximately 100.00 in width running parallel to the railroad track off of B Street;
      (3)   Granville County Tax Parcel # 086607782896 consisting of 0.54 acres more or less and more particularly described as Lot 2, 12th Street;
      (4)   Granville County Tax Parcel # 086607782946, consisting of lot 1 as shown on that certain plat recorded at Plat Book 12, Page 137 of the Granville County Registry;
      (5)   Granville County Tax Parcel # 086720719052, consisting of lot 6A as shown on that certain plat recorded at Plat Book 15, Page 23 of the Granville County Registry;
      (6)   Granville County; Tax Parcel # 087610265136, being a water meter station site approximately 55 feet in length and 25 feet in width off of Gate 2 Road;
      (7)   Granville County Tax Parcel # 087606275755, consisting of lot 5 as shown on that certain plat recorded at Plat Book 5, Page 25 of the Granville County Registry;
      (8)   Granville County Tax Parcel # 087606276823, consisting of lots 6 and 7 as shown on that certain plat recorded at Plat Book 5, Page 25 of the Granville County Registry;
      (9)   Granville County Tax Parcel # 087606287781, being a small lot approximately 25.00 feet in width on the southeast end, 27.00 feet in width on the northwest end, and 155.2 feet in length located off of C Street;
      (10)   Granville County Tax Parcel # 087718217623, consisting of that portion of the 30 foot alley owned by the State as shown on that certain plat recorded at Plat Book 3, Page 149 of the Granville County Registry;
      (11)   Granville County Tax Parcel # 087718228382, consisting of lot 22-A as shown on that certain plat recorded at Plat Book 16, Page 140 of the Granville County Registry;
      (12)   Granville County Tax Parcel # 087718229235, consisting of lot 23-A as shown on that certain plat recorded at Plat Book 16, Page 140 of the Granville County Registry;
      (13)   Granville County Tax Parcel # 087718320095, consisting of lot 26-A as shown on that certain plat recorded at Plat Book 17, Page 97 of the Granville County Registry;
      (14)   Granville County Tax Parcel # 086608788472, consisting of lot 13 as shown on that certain plat recorded at Plat Book 5, Page 127 of the Granville County Registry;
      (15)   Granville County Tax Parcel # 086608785481, consisting of lot 1 as shown on that certain plat recorded at Plat Book 5, Page 127 of the Granville County Registry;
      (16)   Granville County Tax Parcel # 086608890153, consisting of lot 7 as shown on that certain plat recorded at Plat Book 7, Page 74 of the Granville County Registry;
      (17)   Granville County Tax Parcel # 086608891250, consisting of lot 8 as shown on that certain plat recorded at Plat Book 7, Page 74 of the Granville County Registry;
      (18)   Granville County Tax Parcel # 087606396411, consisting of lot 10 as shown on that certain plat recorded at Plat Book 2, Page 118A of the Granville County Registry;
      (19)   Granville County Tax Parcel # 086615636355, consisting of lot 4 as shown on that certain plat recorded at Plat Book 4, Page 141 of the Granville County Registry;
      (20)   Granville County Tax Parcel # 086615635235, consisting of lot 5 as shown on that certain plat recorded at Plat Book 4, Page 141 of the Granville County Registry;
      (21)   Granville County Tax Parcel # 086501487018, consisting of lots 4 and 5 as shown on that certain plat recorded at Plat Book 2, Page 147 of the Granville County Registry;
      (22)   Granville County Tax Parcel # 086501499107, consisting of lots 26 and 27 as shown on that certain plat recorded at Plat Book 2, Page 147 of the Granville County Registry;
      (23)   Granville County Tax Parcel # 086604501213, consisting of lots 48 and 49 as shown on that certain plat recorded at Plat Book 2, Page 147 of the Granville County Registry;
      (24)   That certain tract or parcel of land identified in the Butner Long-Range Master Plan dated December 1998 prepared pursuant to Section 4 of Senate Bill 428, 1997 Session, consisting of 650 acres more or less located in the southern portion of the study area as described in said master plan along ‘B’ Street and west of 12th, 5th, and 4th Street, and more particularly shown on a map dated March 19, 2007, prepared by Deborah H. Robertson, Registered Forester, for the North Carolina Department of Agriculture, a copy of which is on file with the Town of Butner, the Department of Health and Human Services, and the Department of Agriculture. If said property or any portion thereof is sold, leased, or otherwise conveyed to a private entity (other than a land trust or other nonprofit organization devoted to conservation), the sales price shall be either (i) approved by the Secretary and the Town of Butner; or (ii) equal to or greater than the appraised value of the property as determined by a qualified appraiser selected by the Town of Butner and the Secretary or, if the Town of Butner and the Secretary cannot agree on an appraiser, then the value of the property as determined by the average of the value of said property as determined by a qualified appraiser selected by the Secretary and a qualified appraiser selected by the Town of Butner. Upon the disposition of said land by the Town of Butner, twenty-five percent (25%) of any sales proceeds shall be retained by the Town of Butner, and the remainder of the sales proceeds, if any, shall be paid to the State Treasurer by the Town for deposit in a capital improvement account to the credit of the Department of Health and Human Services as set out in Section 12 hereof. The costs of sale, if any, shall be deducted from the sales proceeds and shall be allocated between the Town and the Department based upon each party’s share of the sales proceeds;
      (25)   That certain tract or parcel of land identified in the Butner Long-Range Master Plan dated December 1998 prepared pursuant to Section 4 of Senate Bill 428, 1997 Session, consisting of five acres more or less located in the central portion of the study area as described in said master plan along Central Avenue, midway between ‘D’ Street and ‘E’ Street and known as the Gazebo area;
      (26)   That certain tract or parcel of land identified in the Butner Long-Range Master Plan dated December 1998 prepared pursuant to Section 4 of Senate Bill 428, 1997 Session, consisting of 30 acres more or less located in the central portion of the study area, between ‘F’ Street and ‘G’ Street and from 12th Street to Central Avenue; provided, however, that the State shall retain ownership of the portion of said property consisting of 7843.45 square feet (0.18 acres) currently leased by the State to Sprint as shown on that certain map entitled “Site Survey for: Sprint,” prepared by Jim Morrow, Professional Land Surveyor and dated January 9, 2005, and upon which is currently located a cellular telephone tower. It is further provided that this property shall vest in the Town of Butner if said property is no longer leased by the State for use as a communications tower or is no longer used or occupied by the State for State purposes;
      (27)   That certain tract or parcel of land between ‘D’ Street and ‘E’ Street and from 24th Street to 26th Street upon which is located that structure known as the Butner Sports Arena;
      (28)   That certain building and parcel of land known as Granville County Tax Parcel # 087605091519 located on Central Avenue currently leased by the Department to the Employment Security Commission; provided, however, that such transfer shall be subject to the terms of the existing lease between the Department and the Employment Security Commission;
      (29)   That certain tract or parcel of land consisting of twenty acres more or less previously designated for use as a ball field for Town of Butner and being that portion of a 83.6892 acre tract shown on a survey titled “Survey for North Carolina Department of Human Resources, Butner, North Carolina,” and dated October 23, 1995 by James R. Wilson, Registered Land Surveyor lying northeast of the Wake Electric Management Corporation power line right-of-way as shown on said map;
      (30)   That certain tract or parcel of land described in Session Law 1997-443 and set aside for the use of the citizens of Butner “until the time . . . that a permanent local government is established on the Butner Reservation at which time the land shall be transferred to the local government.” Said tract or parcel of land is more particularly described in said session law as follows: “Approximately 2 acres, on the east side it borders Central avenue with a line running along the Wallace Bradshur property on the north back to the tree line next to the ADATC. From there it follows a tree line south and west to and including the softball field. From the softball field it turns east to the State Employees Credit Union and follows the Credit Union property on the south side back to Central Avenue.” In addition thereto, said conveyance is intended to include all property owned by the State, including all alleyways, (except the property occupied by the State Employees Credit Union) bounded on the south by the above described softball field, on the north by Central Avenue, on the west by the property formerly belonging to Wallace Bradsher (now owned by Ronald Alligood) and on the east by West E Street;
      (31)   That certain portion of the lands owned by the State containing 8.11 acres more or less bordered by G Street, 21st Street, Granville Street, and that certain parcel of land described in the Granville County tax records as Granville County Tax Parcel # 086720900028 to the south;
      (32)   That certain portion of the lands owned by the State beginning at a point in the northeast corner of that parcel of land described in the Granville County tax records as Granville County Tax Parcel # 087717029272 and continuing in a straight line from said point northeast in a manner parallel to F Street approximately 1,762.64 feet to a point perpendicular to the southwest corner of the paved surface of 25th Street; running thence southeast approximately 227.01 feet to a point being a common corner between Granville County Tax Parcel # 087713234113, the subject property, and 25th Street and running thence southwest approximately 235.00 feet to a corner, thence southeast approximately 590.05 feet along the boundaries with Granville County Tax Parcel numbers 087713234113, 087714235047, 087714225965, 087714226845, and 087714226762; thence southwest approximately 99.00 feet to a common corner with Granville County Tax Parcel number 087714225529; thence northwest approximately 225.00 feet to a corner; thence southwest approximately 560.00 feet to a corner with Granville County Tax Parcel # 087717221306: thence southeast along a common boundary with Granville County Tax Parcel # 087717221306 approximately 225.00 feet to a corner with East F Street; thence southwest approximately 329.00 feet to a common corner with Granville County Tax Parcel # 087717127160 and East F Street; thence northwest approximately 225.00 feet to a common corner with Granville County Tax Parcel # 087717127160; thence southwest approximately 308.32 feet along Granville County Tax Parcel numbers 087717127160, 087717126083, and 087717125071 to a corner; thence northeast approximately 18.00 feet; thence northwest approximately 354.00 feet to a corner with G Street: thence southeast approximately 244.00 feet to a common corner with Granville County Tax Parcel # 087717029272 and G Street; thence northwest approximately 225.00 feet along the boundary of Granville County Tax Parcel # 087717029272 to the point and place of beginning containing 21.9718 acres more or less;
      (33)   Granville County Tax Parcel # 086502592083, consisting of 5.34 acres more or less;
      (34)   Granville County Tax Parcel # 086502592311, consisting of 1.07 acres more or less and more particularly described as Lot 1, West B Street;
      (35)   Granville County Tax Parcel # 086604503159, consisting of 0.47 acres more, or less and more particularly described as Lots 48, 49, Block B, B Street;
      (36)   Granville County Tax Parcel # 086604503279, consisting of 0.46 acres more or less and more particularly described as Lots 50, 51, Block B, B Street;
      (37)   Granville County Tax Parcel # 086604503379, consisting of 0.44 acres more or less and more particularly described as Lots 52, 53, Block B, B Street;
      (38)   Granville County Tax Parcel # 086604503499, consisting of 0.45 acres more or less and more particularly described as Lots 54, 55, Block B, B Street;
      (39)   Granville County Tax Parcel # 086604504519, consisting of 0.46 acres more or less and more particularly described as Lots 56, 57, Block B, B Street;
      (40)   Granville County Tax Parcel # 086604504638, consisting of 0.45 acres more or less and more particularly described as Lots 58, 59, Block B, B Street;
      (41)   Granville County Tax Parcel # 086604504868, consisting of 0.46 acres more or less and more particularly described as Lots 62, 63, Block B, B Street;
      (42)   Granville County Tax Parcel # 086604504978, consisting of 0.44 acres more of less and more particularly described as Lots 64, 65, Block B, B Street;
      (43)   Granville County Tax Parcel # 086604513433, consisting of 0.48 acres more or less and more particularly described as Lots 72, 73, Block A, B Street;
      (44)   Granville County Tax Parcel # 086604515008, consisting of 0.44 acres more or less and more particularly described as Lots 66, 67, Block B, B Street;
      (45)   Granville County Tax Parcel # 086604515128, consisting of 0.44 acres more or less and more particularly described as Lots 68, 69, Block B, B Street;
      (46)   Granville County Tax Parcel # 086604515258,consisting of 0.44 acres more or less and more particularly described as Lots 70, 71, Block B, B Street;
      (47)   Granville County Tax Parcel # 086604515377; consisting of 0.42 acres more or less and more particularly described as Lots 72, 73, Block B, B Street;
      (48)   Granville County Tax Parcel # 086604516404, consisting of 0.43 acres more or less and more particularly described as Lots 74, 75, Block B, B Street;
      (49)   Granville County Tax Parcel # 086604516533, consisting of 0.42 acres more or less and more particularly described as Lots 76, 77, Block B, B Street;
      (50)   Granville County Tax Parcel # 086604516661, consisting of 0.42 acres more or less and more particularly described as Lots 78, 79, Block B, B Street;
      (51)   Granville County Tax Parcel # 086604517710, consisting of 0.43 acres more or less and more particularly described as Lots 80, 81, Block B, B Street;
      (52)   Granville County Tax-Parcel # 086604517870, consisting of 0.43 acres more or less and more particularly described as Lots 82, 83, Block B, B Street;
      (53)   Granville County Tax Parcel # 086604518827, consisting of 0.42 acres more of less and more particularly described as Lots 84, 85, Block B, B Street;
      (54)   Granville County Tax Parcel # 086604518944, consisting of 0.43 acres more or less and more particularly described as Lots 86, 87, Block B, B Street;
      (55)   Granville County Tax Parcel # 086604528092, consisting of 0.43 acres more or less and more particularly described as Lots 88, 89, Block B, B Street;
      (56)   Granville County Tax Parcel # 086604528460, consisting of 0.47 acres more or less and more particularly described as Lots 94, 95, Block A, B Street;
      (57)   Granville County Tax Parcel # 086604529150, consisting of 0.43 acres more or less and more particularly described as Lots 90, 91, Block B, B Street;
      (58)   Granville County Tax Parcel # 086604620117, consisting of 0.44 acres more or less and more particularly described as Lots 92, 93, Block B, B Street;
      (59)   Granville County Tax Parcel # 086604620274, consisting of 0.43 acres more or less and more particularly described as Lots 94, 95, Block B, B Street;
      (60)   Granville County Tax Parcel # 086604621322, consisting of 0.44 acres more or less and more particularly described as Lots 96, 97, Block B, B Street;
      (61)   Granville County Tax Parcel # 086604621399, consisting of 0.44 acres more or less and more particularly described as Lots 98, 99, Block B, B Street;
      (62)   Granville County Tax Parcel # 086615623535, consisting of 1.11 acres more or less and more particularly described as Lot 100-103, B Street;
      (63)   Granville County Tax Parcel # 086615624652, consisting of 0.44 acres more or less and more particularly described as Lots 104, 105, Block B, B Street;
      (64)   Granville County Tax Parcel # 086615625628, consisting of 0.46 acres more or less and more particularly described as Lots 106, 107, Block B, B Street;
      (65)   Granville County Tax Parcel # 086615626714, consisting of 0.58 acres more or less and more particularly: described as Lots 108, 109, Block B, B Street;
      (66)   Granville County Tax Parcel # 086612870444, consisting of 0.46 acres more or less and more particularly described as Lot 3 (Drain Lot), 12th Street;
      (67)   Granville County Tax Parcel # 086608870513, consisting of 0.46 acres more or less and more particularly described as Lot 2, 12th Street;
      (68)   Granville County Tax Parcel # 086612871305, consisting of 0.46 acres more or less and more particularly described as Lot 4, 12th Street;
      (69)   Granville County Tax Parcel # 086608880691, consisting of 0.71 acres more or less and more particularly described as Lot 19, 13 Street;
      (70)   Granville County Tax Parcel # 086608880736, consisting of 0.51 acres more or less and more particularly described as Lot 15, F Street;
      (71)   Granville County Tax Parcel # 087717027043, consisting of 0.52 acres more or less and more particularly described as Lot 13, G Street;
      (72)   Granville County Tax Parcel # 086720919453, consisting of 0.51 acres more or less and more particularly described as Lot 3, G Street;
      (73)   Granville County Tax Parcel # 087717010447, consisting of 0.52 acres more or less and more particularly described as Lot 4, G Street;
      (74)   Granville County Tax Parcel # 087717011524, consisting of 0.52 acres more or less and more particularly described as Lot 5, G Street;
      (75)   Granville County Tax Parcel # 087717012600 consisting of 0.52 acres more or less and more particularly described as Lot 6, G Street;
      (76)   Granville County Tax Parcel # 087717012677, consisting of 0.51 acres more or less and more particularly described as Lot 7, G Street;
      (77)   Granville County Tax Parcel # 087717013753, consisting of 0.51 acres more or less and more particularly described as Lot 8, G Street;
      (78)   Granville County Tax Parcel # 087717014739, consisting of 0.51 acres more or less and more particularly described as Lot 9, G Street;
      (79)   Granville County Tax Parcel # 087717015805, consisting of 0.51 acres more or less and more particularly described as Lot 10, G Street;
      (80)   Granville County Tax Parcel # 087717015991, consisting of 0.51 acres more or less and more particularly described as Lot 11, G Street;
      (81)   Granville County Tax Parcel # 087717016967, consisting of 0.50 acres more or less and more particularly described as Lot 12, G Street;
      (82)   Granville County Tax Parcel # 087717028039, consisting of 0.51 acres more or less and more particularly described as Lot 14, G Street;
      (83)   Granville County Tax Parcel # 087717029106, consisting of .0.51 acres more or less and more particularly described as Lot 15, G Street;
      (84)   Granville County Tax Parcel # 087717029272, consisting of 0.51 acres more or less and more particularly described as Lot 16, G Street;
      (85)   Granville County Tax Parcel # 087717110827, consisting of 0.74 acres more or less and more particularly described as Lot 8, G Street;
      (86)   Granville County Tax Parcel # 087717111915, consisting of 0.73 acres more or less and more particularly described as Lot 7, G Street;
      (87)   Granville County Tax Parcel # 087717122002, consisting of 0.74 acres more or less and more particularly described as Lot 6, G Street;
      (88)   Granville County Tax Parcel # 087717123009, consisting of 0.74 acres more or less and more particularly described as Lot 5, G Street; and
      (89)   That portion of the property owned by the State of North Carolina bordering Lake Holt consisting of ten acres more or less upon which property is currently located the concession stand/bait shop, enclosed picnic shelter, boat docks, picnic tables, parking area and other recreational facilities currently used by the Town of Butner in support of the recreational use of Lake Holt, together with an easement thereto across the existing access roads from Old Highway 75 to said recreational facilities.
      (90)   All other lots, alleyways, and parcels of land one acre or less not currently occupied by the State of North Carolina.
   (c)   The Town of Burner may dispose of by private negotiation and sale any of the real property described in subsection (b) of this section, and shall specifically be exempt as to those dispositions from the provisions of Article 12 of Chapter 160A of the General Statutes. This subsection does not apply to property listed in subdivisions (25), (26), (27), (28), (29), (30), or (89) of subsection (b) of this section.
   (d)   On or before March 15, 2008, the Governor shall convey to the incorporated Town of Butner for use for recreation, the preservation of open space, protection of the public drinking water supply, and possible future expansion of Lake Holt, a perpetual Conservation Easement pursuant to Article 4 of Chapter 121 of the General Statutes enforceable against the State of North Carolina, without regard to the defense of sovereign immunity or similar doctrines, in and to all land owned by the State of North Carolina (except that portion of the hereinafter described land under use by the National Guard and restricted by a deed provision requiring that said land revert to the ownership of the United States if not used for imlitary purposes, said National Guard properly being more described as Deed Book 140, Page 236 of the Granville County Registry) east of Range Road (State Road 1121), south of Roberts Chapel Road, north of Old Highway 75, and west of Range Road (State Road 1126) consisting of 1463 acres more or less surrounding the perimeter of Lake Holt as more particularly described on a map prepared June 18, 2007 by Deborah H. Robertson, Registered Forester, for the North Carolina Department of Agriculture, a copy of which is on file with the Town of Butner, the Department of Health and Human Services and the Department of Agriculture; provided, however, that the State of North Carolina shall not be restricted in its right to use that portion of the above-referenced property currently used by the State for the operation of Camp Barham and Camp Eason as long as such use, which may include the construction of additional improvements, is consistent with such laws, rules, regulations, and ordinances as are or may be in place for the protection of the public drinking supply and that said easement shall not be by its terms inconsistent with the rights given to the South Granville Water and Sewer Authority in that certain Easement and License Agreement dated December 14, 2006 and recorded at Book 1185, Page 291 of the Granville County Registry. Said easement shall prohibit all residential, commercial, and industrial uses in the easement area but shall not limit the State of North Carolina’s use of said easement area for agricultural and silvicultural uses, provided said uses are consistent with all laws, rules, regulations, and ordinances governing said uses. There shall be excepted from the above easement area that certain tract or parcel of land consisting of 85 acres more or less and labeled “Proposed NBAF Site” on the above-described map; provided, however, that if said tract or parcel of land is not selected by the United States Department of Homeland Security for use in connection with the National Bio and Agro- Defense Facility project (NBAF Project) within five years of the date hereof, said area shall become subject to the terms of the easement to be granted. If no deed is recorded within five years in the Granville County Registry conveying said tract or parcel of land or some part thereof for use in connection with the above-described project, it shall be conclusively presumed that said tract or parcel of land or part thereof not so conveyed is subject to the terms of the easement herein granted. Said easement also shall grant to the South Granville Water and Sewer Authority and its successors the right to enforce the terms of the easement related to the protection of the public drinking water supply. The Town of Butner shall be allowed the continued use, including the expansion and improvement, of the recreational facilities described in Section 3(b)(89) of this act.
   (e)   The Department of Health and Human Services may contract with the Town of Butner to provide employees, equipment, and material and services for a period not to exceed six months after incorporation and to lease property to the Town of Butner any time after incorporation.