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HomeMy WebLinkAboutNCG140184_Name-Owner Change Supporting Info_20220502Excise Tax: $ Parcel Identifier No.: 04800007 and 048000024 Mail to: Bass, Berry & Sims PLC, 150 Third Avenue South, Suite 2800, Nashville, TN 37201, Attn: Laura Lincoln This instrument was prepared by: Susan Elliott Rich, Esq. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 633 Chestnut Street, Suite 1900 Chattanooga, TN 37450 Brief description for Index: Leland, Brunswick County, North Carolina LIMITED WARRANTY DEED (Site Identifier: Leland, Brunswick County, North Carolina) THIS DEED made this 1st day of April, 2022, by and between GRANTOR ARGOS USA LLC, a Delaware limited liability company, successor by name change to ARGOS CEMENT LLC, successor by merger with ARGOS READY MIX LLC, a Delaware limited liability company, successor by merger with ARGOS READY MIX (CAROLINAS) CORP., a North Carolina corporation, successor by name change to SOUTHERN EQUIPMENT COMPANY, INC., a North Carolina corporation, a.k.a. SOUTHERN EQUIPMENT COMPANY, LLC Mailing address: 3015 Windward Plaza, Suite 300 Alpharetta, GA 30005 GRANTEE HOLLINGSHEAD MATERIALS LLC, a Tennessee limited liability company Mailing address: 1000 Hollingshead Circle Murfreesboro, TN 37129 4880-2702-1336v3 2946663-000004 03/30/2022 The designation Grantor and Grantee as used herein shall include said parties, their successors and assigns, and shall include singular or plural as required by context. WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, alien, convey, transfer and confirm unto Grantee, its successors and assigns, in fee simple, all that certain lot or parcel of land more particularly described as follows (the "Property" or "Land"): See Exhibit "A" attached hereto and incorporated herein by reference. Together with all right, title and interest of Grantor, if any, in and to all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, all buildings and other improvements located thereon, and to all roads, alleys and ways bounding the Property. This conveyance is made subject only to taxes and assessments for the year 2022 and subsequent years not yet due and payable and those matters listed on Exhibit `B" attached hereto and incorporated herein by reference (collectively, the "Permitted Encumbrances"). TO HAVE AND TO HOLD unto Grantee, its successors and assigns, in fee simple, forever. Grantor does further for itself and its successors and assigns, warrant, represent and covenant with Grantee, its successors and assigns, that Grantor will warrant and forever defend the right and title to the herein described Property unto Grantee against the lawful claims of all persons owning, holding or claiming by, through or under Grantor and not otherwise, subject to the Permitted Encumbrances. [Signature appears on the following page] 4880-2702-1336v3 2946663-000004 03/30/2022 IN WITNESS WHEREOF, Grantor has caused this Limited Warranty Deed to be executed on the date first above written. GRANTOR: ARGOS USA LLC, a Delaware limited liability company, successor by name change to ARGOS CEMENT LLC, successor by merger with ARGOS READY MIX LLC, a Delaware limited liability company, successor by merger with ARGOS READY MIX (CAROLINAS) CORP., a North Carolina corporation, successor by name change to SOUTHERN EQUIPMENT COMPANY, INC., a North Carolina corporation (a.k.a. SOUTHERN EQUIPMENT COMPANY, LLC) Bv: Gj�G Name: William B. Wagner Title: President STATE OF GEORGIA COUNTY OF FULTON Before the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared William B. Wagner, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the President of Grantor herein, the within named bargainor, and that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of said company in his official capacity. WITNESS my hand and seal at office this — 2 9 day of March, 2022. Notary Public Commission Expires: H- ti Zo z [ Affix Notary Seal i +goo p'(ARY N: • /°UB\NG tip: O • '� �� •'t'�; �MBSR �••••� C. �4*46 ♦'mot. /y C mi 4880-2702-I336v2 2946663-000004 03/24/2022 EXHIBIT "A" Legal Description (Site Identifier: Leland, Brunswick County, North Carolina) File No.: NCS-1112912-13-CHI2 The Land referred to herein below is situated in the County of Brunswick, State of North Carolina, and is described as follows: TRACT A: BEGINNING AT A POINT IN THE NORTHWESTERN LINE OF STATE ROAD NUMBER 1524 (60 FOOT RIGHT OF WAY) SAID POINT BEING SOUTH 34 DEGREES 26 MINUTES 19 SECONDS EAST, 953.72 FEET FROM THE INTERSECTION OF THE NORTHEASTERN LINE OF SAID STATE ROAD NUMBER 1524 WITH THE SOUTHEASTERN LINE OF OLD U.S. HIGHWAY NUMBER 17, NOW KNOWN AS STATE ROAD NUMBER 1551 (60 FOOT RIGHT OF WAY) SAID INTERSECTION BEING 1.2 MILES WESTWARDLY FROM THE INTERSECTION OF SAID STATE ROAD NUMBER 1551 AND NC HIGHWAY NUMBER 133; SAID BEGINNING POINT BEING FURTHER DESCRIBED AS BEING THE INTERSECTION OF THE NORTHWESTERN LINE OF SAID STATE ROAD NUMBER 1524 AND THE SOUTHEASTERN LINE OF PLOOF ROAD (80 FOOT RIGHT OF WAY). SAID INTERSECTION BEING FURTHER DESCRIBED AS NORTH CAROLINA GRID COORDINATE NORTH 171,630.55 AND EAST 2,299,391.00. RUNNING THENCE FROM SAID BEGINNING POINT SOUTH 34 DEGREES 26 MINUTES 19 SECONDS EAST 43.25 FEET TO THE INTERSECTION OF THE NORTHWESTERN LINE OF SAID STATE ROAD NUMBER 1524 WITH THE WESTERN LINE OF JOHN D. SMITH ROAD (60 FOOT RIGHT OF WAY); THENCE SOUTH 17 DEGREES 01 MINUTES 41 SECONDS EAST 316.13 FEET TO A POINT; SAID PREVIOUS LINE CROSSING THE LAND FORMERLY OWNED BY NELSON SHAW AS RECORDED IN BOOK CC, AT PAGE 357 OF THE BRUNSWICK COUNTY REGISTRY, AND CROSSING THE LAND FORMERLY OWNED BY ANDREW WILLIAMS AS RECORDED IN BOOK CC, PAGE 383 OF SAID REGISTRY; THENCE SOUTH 55 DEGREES 32 MINUTES 11 SECONDS WEST, 605.24 FEET TO A POINT; THENCE NORTH 34 DEGREES 27 MINUTES 49 SECONDS WEST, 350.00 FEET TO A POINT IN THE SOUTHEASTERN LINE OF SAID PLOOF ROAD; THENCE NORTH 55 DEGREES 32 MINUTES 11 SECONDS EAST, WITH AND ALONG THE SOUTHEASTERN LINE OF SAID PLOOF ROAD, 700.91 FEET, AGAIN CROSSING THE LANDS OF SAID ANDREW WILLIAMS AND SAID NELSON SHAW, TO THE POINT OF BEGINNING. CONTAINING 5.30 ACRES MORE OR LESS, AND BEING A PORTION OF THE PROPERTY CONVEYED TO LINCOLN DEVELOPMENT COMPANY, INC., BY LINCOLN CONSTRUCTION COMPANY, INC., AS RECORDED IN BOOK 296, AT PAGE 628, OF SAID REGISTRY, ACCORDING TO THE MAP THEREOF DULY RECORDED IN MAP CABINET "L" AT PAGE 131 OF THE BRUNSWICK CO. REGISTRY. 4880-2702-1336v3 2946663-000004 03/30/2022 TRACT B: BEGINNING AT AN IRON PIPE WHERE THE SOUTHERN LINE OF CHAPEL ROAD (S.R. NO. 1524, 60 FOOT RIGHT-OF-WAY) IS INTERSECTED BY THE EASTERN LINE OF JOHN D. SMITH ROAD (60 FOOT RIGHT-OF-WAY), SAID PIPE BEING SOUTH 42 DEGREES 15 MINUTES 50 SECONDS EAST 122.61 FEET FROM AN IRON OLD IRON PIPE WHERE SAID LINE OF CHAPEL ROAD IS INTERSECTED BY THE WESTERN LINE OF JOHN D. SMITH ROAD, SAID OLD PIPE BEING A CORNER OF THE 5.30 ACRE TRACT CONVEYED TO HAYES CONCRETE CO., INC. BY DEED RECORDED IN BOOK 448, AT PAGE 131 OF THE BRUNSWICK COUNTY REGISTRY, SAID OLD PIPE BEING SOUTH 30 DEGREES 22 1/2 MINUTES EAST ALONG THE SOUTHWESTERN LINE OF CHAPEL ROAD 48.25 FEET FROM ITS INTERSECTION WITH THE SOUTHEASTERN LINE OF PLOOF ROAD (S.R. NO. 1566, 80 FOOT RIGHT-OF-WAY); RUNNING THENCE FROM SAID BEGINNING POINT SOUTHEASTWARDLY ALONG THE SOUTHERN LINE OF CHAPEL ROAD AS IT CURVES TO THE EAST TO AN IRON PIPE AT THE EASTERN END OF A CURVE, SAID PIPE BEING SOUTH 75 DEGREES 34 MINUTES 09 SECONDS EAST 226.37 FEET FROM THE PRECEDING POINT; THENCE NORTH 82 DEGREES 32 MINUTES 30 MINUTES 30 SECONDS EAST ALONG SAID LINE OF SAID ROAD 41.31 FEET TO AN IRON PIPE; THENCE SOUTH 5 DEGREES 21 MINUTES 30 SECONDS EAST 266.28 FEET TO AN IRON PIPE; THENCE SOUTH 5 DEGREES 21 MINUTES EAST 461.70 FEET TO AN IRON PIPE; THENCE SOUTH 77 DEGREES 02 MINUTES WEST 220.76 FEET TO AN IRON PIPE IN THE EASTERN LINE OF JOHN D. SMITH ROAD; THENCE NORTH 12 DEGREES 58 MINUTES WEST ALONG THE EASTERN LINE OF JOHN D. SMITH ROAD 829.04 FEET TO THE POINT OF BEGINNING; THE SAME CONTAINING 4.41 ACRES AND BEING A PORTION OF THE TRACT CONVEYED TO LINCOLN DEVELOPMENT COMPANY, INC., BY DEED RECORDED IN BOOK 296, AT PAGE 628 OF THE BRUNSWICK COUNTY REGISTRY. 4880-2702-1336v3 2946663-000004 03/30/2022 EXHIBIT `B" Permitted Encumbrances (Site Identifier: Leland, Brunswick County, North Carolina) 1. [Intentionally deleted.] 2. [Intentionally deleted.] 3. Taxes and assessments for the year 2022 and subsequent years, not yet due and payable, plus any penalties and interest which may accrue. 4. [Intentionally deleted.] 5. [Intentionally deleted.] 6. Easement to Mallory Creek Developers, Inc., a North Carolina corporation and Summertree Developers, Inc., a North Carolina corporation recorded in Book 1268, Page 1271, Brunswick County Registry. 7. Easement to Town of Bellville, a municipal corporation recorded in Book 813, Page 1028, Brunswick County Registry. 8. Easement to Southern Bell Telephone and Telegraph Company recorded in Book 796, Page 179, Brunswick County Registry. 9. Right(s) of way to Department of Transportation recorded in Book 725, Page 677, Brunswick County Registry. 10. Easement to Brunswick Electric Membership Corporation, a cooperative corporation recorded in Book 466, Page 953, Brunswick County Registry. 11. Easements and any other facts as shown on plat recorded in Map Cabinet 100, Pages 8-9; Map Cabinet L, Page 131; and Map Cabinet 24, Page 125, Brunswick County Registry. 12. Existing ditch that accommodates drainage from Chapel Road and subject to relocation set forth in deed(s) recorded in Book 1941, Page 1140 and Book 814, Page 307, Brunswick County Registry. 13. [Intentionally deleted.] 14. Rights of others in and to the use of easement(s) appurtenant affecting the Land, if any. 15. [Intentionally deleted.] 4880-2702-1336v3 2946663-000004 03/30/2022 16. [Intentionally deleted.] 17. Riparian rights, if any. 18. Reservation of gas, oil and/or mineral rights. 19. Any inaccuracy in the area, square footage or acreage of the Land to be insured hereunder. 20. Title to and easements in, any portion of the Land lying within any highways, roads, streets or other ways. 21. [Intentionally deleted.] 22. [Intentionally deleted.] 23. Matters shown on survey entitled "Leland", dated February 22, 2022, prepared by James Henson, Professional Surveyor, License No. L-5425. 4880-2702-1336v3 2946663-000004 03/30/2022