North Hamilton Street Resolution, 1943

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-clain" the 30foot 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-ofway, 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 formality 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 purposes. 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 recording 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 information in the meantime, I am enclosing a copy of that deed.

Yours very truly, Rupert T. Pickens

RTP/s Encls.