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HomeMy WebLinkAbout19049_Regal_Mfg_BPA_20150706BF SITE INFO SHEET Project Number: 19049-15-018 Site Name: Regal Manufacturing II q AKA: Click here to enter text. BPA Received: 7/6/2015 ~ I}'?\ ttl?0 r~ ~( ~ ~u ~~;te-~ Site Address: 212 12th Avenue NE; 306 11th Avenue NE; 235 11th Avenue NE; -1i!b Avenue NE $ --= \: .J""""- Acres: 2.64 TaxiD/PIN: 370312755477; 370312757098; 370312755279; 370312755310 City: Hickory County: Catawba Zip: 28601 PD Name: PD Company: PD Address: PD City/State/Zip: PD Phone/Fax: PD Email: Contact Name: Contact Address: Contact Address: City/State/Zip: Contact Phone: Contact Email: Contamination: Contaminated Media: Additional Information: Jerry Lee Pruitt 245 11th Avenue NE Hickory, NC 28601 828-412-2964 FAX: 828-328-8777 dermcenter245@gmail.com Jerry Deakle Jerry Deakle & Associates, Inc. 3434 Edwards Mill Road, #112-264 Raleigh, NC 27612 919-782-1703 Contact Fax: 804-412-2964 jerry@deakle.us Click here to enter text. Click here to enter text. NONCDOOO 1903 SITE NAME: REGAL MANUFACTURING PROJECT NUMBER: 19049-15-018 THE FOLLOWING REPORTS ARE INCLUDED WITH THIS SITE: REPORTS ON CD: • INCLUDED ON THIS CD IS THE FOLLOWING: (J) o ANALYSIS OF BROWNFIELDS CLEANUP ALTERNATIVES, FORMER REGAL MANUFACTURING, 212 12TH AVENUE NE, HICKORY, BY HART HICKMAN, SEPTEMBER 30,2010-71 PGS (9 o BROWNFIELD PHASE II SITE ASSESSMENT REPORT, FORMER REGAL MANUFACTURING,, 212 12TH AVENUE NE, HICKORY, BY HART HICKMAN, JUNE 1, 2010-339 PGS ~l o IAQ ANALYTICAL RESULTS, BY PACE, FEBRUARY 12,2008 -12 PGS 0) o LIMITED PHASE II SITE INVESTIGATION, FORMER REGAL MANUFACTURING,, 212 12TH AVENUE NE, HICKORY, BY GAIA TECH, JUNE 2007-19 PGS :., o PHASE I ESA, EAGLE REAL ESTATE, LLC, 212 12TH AVENUE NE, HICKORY, CATAWBA COUNTY, BY ENVIROASSESSMENTS, JANUARY 16,2007-163 PGS @ o PRE-COMPREHENSIVE SITE ASSESSMENT REPORT, SERVCO NO. 01414, 1106 2ND STREET NE, HICKORY, BY EXCEL, MAY 17, 2002 - 31PGS 0) o REPORT OF PHASE I ENV SITE ASSESSMENT, HICKORY PARKING LOT PARCEL, 306 11 rnA VENUE, HICKORY, BY MACTEC, AUGUST 12, 2008 -148 PGS Rev. July 8, 2015 1 of 2 July 6, 2015 Mr. Bruce Nicholson Jerry Deakle & Associates, Inc. 3434 Edwards Mill Rd., #112-264 Raleigh, NC 27612 Phone 919-782-1703 NC Division of Waste Management Brownfields Program Mail Service Center 1646 Raleigh, NC 27699-1646 Re: Former Regal Manufacturing Site Hickory, NC Dear Mr. Nicholson: Please find attached a Brownfields Property Application for the former Regal Manufacturing Site in Hickory, North Carolina. I believe I have included all of the required information in the application and associated submittals. A compact disc containing copies of the environmental site assessments referenced in the application is also included. The contracted closing date of this transaction is on or before August 21, 2015 and the Brownfields Letter of Eligibility is a condition of closing. Please review this application and let me know if you require any additional information. I look forward to working with you on this Brownfield redevelopment. cc: Dr. Jerry Pruitt Brownfields Property Application North Carolina Brownfields Program www.ncbrownfields.org I. PROSPECTIVE DEVELOPER (PD) INFORMATION {USE TAB KEY TO GET TO NEXT DATA ENTRY LINE-DO NOT USE THE RETURN KEY} A. PO information: Entity name Jerry Lee Pruitt, Individual Principal Officer Jerry Lee Pruitt Representative Jerry Lee Pruitt Mailing Address 245 111h Avenue, NE Hickory, NC 28601 E-mail address dermcenter245@gmail. com Phone No. 828-412-2964 Fax No. 828-328-8777 Web site NA B. PO contact person information (i.e .. individual who will serve as the NCBP's point of contact if different than above): Name Company Mailing Address E-Mail Address Phone No. Fax No. Jerry Oeakle Jerry Oeakle & Associates, Inc. 3434 Edwards Mill Rd., #112-264 Raleigh, NC 27612 jerry@deakle. us 919-782-1703 804-412-2964 C. Information regarding all parent companies. subsidiaries or other affiliates of PO (attach separate sheetrs) if necessary): (Use for LLCs) Member-managed or manager-managed? Answer: 4 If manager-managed, provide name of manager and percent of ownership: Name Ownership(%) Mailing Address E-Mail Address Phone No. Fax No. For all LLCs, list all members of the LLC and provide their percent of ownership: Name Ownership(%) Mailing Address E-Mail Address Phone No. Fax No. Name Ownership(%) Mailing Address E-Mail Address Phone No. Fax No. Name Ownership(%) Mailing Address E-Mail Address Phone No. Fax No. 5 Managers of manager-managed LLCs are required to execute all brownfield documents for the LLC; as to member-managed LLCs, state name of member who will sign these documents. List all parent companies, subsidiaries and other affiliates: (Use for Partnerships) Check one: 0General Partnership Dlimited Partnership List all partners and percent of ownership: Name Ownership(%) Mailing Address E-Mail Address Phone No. Fax No. Is this person a general or limited partner? Name Ownership(%) Mailing Address E-Mail Address Phone No. Fax No. Is this person a general or limited partner? List all parent companies, subsidiaries and other affiliates: 6 ,k (Use for corporations other than LLCs} (If information is the same as shown in 1.A., please indicate "same as 1.A." below.) Name Mailing Address E-Mail Address Phone No. Fax No. List all parent companies, subsidiaries and other affiliates: (Use for individuals} (If individual is the same as shown in 1.A., -please indicate "same as 1.A." above.) Name Mailing Address E-Mail Address Phone No. Fax No. Jerry Lee Pruitt 775 21 51 Ave. Dr. NW Hickory, NC 28603 dermcenter245@gmail. com 828-446-5522 828-328-8777 D. Does PD have or can it obtain the financial means to fully implement a brownfields agreement and assure the safe reuse of the property? (Attach supporting documentation such as letters of credit, financial statements, etc.) Answer Yes Explanation E. Does PD have or can it obtain the managerial means to fully implement a brownfields agreement and assure the safe use of the property? Answer Yes Explanation PD has engaged Jerry Deakle & Associates, Inc. ("JDA") to assist with the Brownfields Property Application and negotiation of the prospective Brownfield Agreement. JDA, has completed several Brownfields Agreements in North Carolina and other states and is recognized as competent consultant in this discipline. 7 , J F. Does PD have or can it obtain the technical means to fully implement a brownfields agreement and assure the safe use of the property? Answer Yes Explanation See answer E above G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of all statutorily required fees? Answer Yes (List all NCBP project name(s) and NCBP project 10 numbers where PO or any parent company, subsidiary and other affiliate of PO has been a party to.) PO's consultant, Jerry Deakle & Associates, Inc. has successfully completed seven Brownfields projects as follows: Statesville Partnership, LLC-Statesville-NC ID # 08006-04-49 Broyhill Redevelopment, City of Conover-NC ID #10052-06-18 Mojo Musical Supply-Burgaw-NC ID # 08034-04-71 Hilem Laboratores-Greensboro-NC ID # 12026-08-41 Chantam Mfg/Western Electric-Winston-Salem-NC ID 15032-11-034 Reland Development, LLC-Cary-NC ID # 14012-10-92 Prestige Labels-Burgaw-NC ID # 18005-14-071 H. Does PD currently own the property? Answer No If yes, when did PD purchase the property and from whom? (Provide name, address, telephone number and email address of the contact person for the current property owner.) If no, provide the name, address, telephone number and e-mail address of the contact person for the current property owner Willcox & Gibbs Filix of Deleware P.O. Box 2185 Hickory, NC 28603-2185 Phone 828-322-2242 Email msetzer@wtxmasterllc. com I. If PD does not currently own the property, does PD have the property under contract to 8 purchase? Answer Yes If yes, provide date of contract. June , 22, 2015 If no, when does the PD intend to purchase the property (e.g., after the project is determined to be eligible for participation in the NCBP, after PD receives a draft BFA, after the conclusion of the brownfields process)? Note: the Act requires the PD to demonstrate that it intends to either buy or sell the property. J. Describe all activities that have taken place on the property since PD or PO's parents, subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or operated at the property (e.g., industrial, manufacturing or commercial activities, etc.). (Include a list of all regulated substances as defined at NCGS § 130A-31 0. 31 (b)(11) that have been used, stored on, or otherwise present at the property while those activities were conducted, and explain how they were used.) PD has taken no action on the subject site. II. SITE INFORMATION A. Information regarding the proposed brownfields property: Proposed project name Former Regal Manufacturing acreage 2.64street address(es) 212 12th Ave. NE 306 11th Ave. NE 235 11th Ave. NE 11th Ave. Ne city Hickory County Catawba zip 28601 tax ID(s) or PIN(s) 370312755477,370312757098,370312755279, and 370312755310 past use(s) Elastic fiber textile manufacturing and employee parking (parcel #370312757098, only) Alii other paprcels are associated with manufacturing. current use(s) Vacant cause(s)/source(s) of contamination: known Unknown 9 ' \ suspected Possible nearby drycleaning opertions B. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.) previously or currently assigned by any federal, state or local environmental regulatory agencies for the property. The ID No's may include CERCUS numbers, RCRA generator numbers for past and present operations, UST database, Division of Water Quality's incident management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In many instances, the PO will need to actively seek out this information by reading environmental site assessment reports, reviewing government files, contacting government officials, and through the use of government databases, many of which may be available over the internet.) Agency Name/ID No: North Carolina Department of Environment and Natural Resources Division of Waste Management-Inactive Hazardous Sites Branch Former Regal Manufacturing -NONCD001903 Agency Name/ID No: Agency Name/ID No: Agency Name/ID No: Agency Name/ID No: C. In what way(s) is the property abandoned. idled. or underused? The textile process for which the building was originally designed has moved off-shore. The property is now functionally obsolete and has been vacant for approximately ten years. The contamination has been an impediment to redevelopment and the property has remained vacant. D. In what way(s) is the actual or possible contamination at the property a hindrance to development or redevelopment of the property (attach any supporting documentation such as letters from lending institutions)? According to anectdotal information, the property has been under contract with others and failed to close due to environmental concerns. E. In what way(s) is the redevelopment of the property difficult or impossible without a brownfields agreement (attach any supporting documentation such as letters form lending institutions)? The current lending markets are more stringently regulated by federal banking reuglators and lenders are requiring risk mitigation strategies, including Brownfields Agreements. • F. What are the planned use(s) of the redeveloped brownfields property to which the PD will commit? Be as specific as specific as possible. The planned redevelopment includes the demolition of the functionally obsolete structure and construction of a mixed use retail and office redevelopment. 10 G. Current tax value of brownfields property: $472,300 H. Estimated capital investment in redevelopment project: $3,000,000 I. List and describe the public benefits that will result from the property's redevelopment. Be as specific as possible. (Examples of public benefits for brownfields projects include job creation, tax base increases, revitalization of blighted areas, preserved green space, preserved historic places, improving disadvantaged neighborhood quality-of-life related retail shopping opportunities, affordable housing, environmental cleanup activities or set asides that have community or environmental benefits. In gauging public benefit, NCBP places great value upon letters of support from community groups and local government that describe anticipated improvements in quality of life for neighboring communities that the project will bring about. The inclusion of such support letters with this application is recommended and encouraged.) 1. The property has been vacant for approximatly ten years, inviting light, and diminution of adjacent property values. 2. The property has experienced break-ins and vandalism including malicious fires. 3. The property is undervalued and therefore not contributing appropriately to the tax base. 4. The neighborhood is vibrant and growing and in need of new office, retail, and resturant space. Special Note: Please describe all environment-friendly technologies and designs PD plans to utilize in its redevelopment strategy. For example, environment friendly redevelopment plans could include: Leadership in Energy and Environmental Design (LEED) Certification, green building materials; green landscaping techniques such as using drought resistant plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources of energy, and/or recycling/reuse of old building materials such as brick or wood. From a recycling perspective, demolition debris consisting predominantly of steel and concrete will be recycled. To the extent possible, the redevelopment will incorporate environmental! responsible landscaping and improvements will be energy efficient. J. Who will own the brownfields property when the Notice of Brownfields Property is filed with the register of deeds at the conclusion of the brownfields process? (If information is the same as 1.A. above, please indicate.) Name Mailing Address E-Mail Address Phone No. Fax No. Jerry Lee Pruitt 775 21 51 Ave. Dr. NW Hickory, NC 28601 dermcenter245@gmail. com 828-446-5522 828-328-8777 11 Ill. OTHER REQUIRED INFORMATION A. Brownfields Affidavit: PO must provide its certification, in the form of a signed and notarized original of the unmodified model brownfields affidavit provided by NCBP, that it did not cause or contribute to contamination at the property and that it meets all other statutory eligibility requirements. (Note: The form to use for this affidavit is attached to this application. It must be filled out signed notarized, and submitted with this application.) Is the required affidavit, as described above, included with this application? Answer Yes B. Proposed Brownfields Agreement Form: PO must provide the completed form Proposed Brownfields Agreement. (Note: The form to use for this document is attached to this application. It must be filled out, initialed, and attached on your submittal.) Is the required Proposed Brownfields Agreement . as described above. included with this application? Answer Yes C. Location Map: PO must provide a copy of the relevant portion of the 1:24,000 scale U.S.G.S. topographic quadrangle map that shows the property clearly plotted, and that measures at least an 8 Y2 by 11 inches. (Note: these maps can be purchased through the above link, or often through retail outdoor recreation stores that can print out the relevant map. Often environmental reports have location maps that use this type of map as the base for its location map.) Is the required location map included with this application? Answer Yes D. Survey Plat: PO must provide a preliminary survey plat of the brownfields property with the property boundaries clearly identified, and a metes and bounds legal description that matches the property description on the plat. At this stage of the brownfields process; one or more existing survey plats from a previous property conveyance will suffice. (Before the brownfields project enters the public comment phase of the brownfields process, the PO will be required to submit a final brownfields survey plat which includes the information listed in the brownfields survey plat guidance.) Is the required preliminary survey plat included with this application? Answer Yes E. Site Photographs: PO must provide at least one pre-redevelopment photograph of the property, in either hard copy or electronic format that shows existing facilities and structures. Please note that the NCBP prefers to have electronic photos instead of or in addition to hard copies. Electronic copies of photographs should be emailed to: Shirley.Liggins@ncdenr.gov with a clear indication as to which Brownfields Application they apply to. Are photographs of the property included with this application? 12 Answer Yes Have electronic copies of the photographs been emailed to NCBP? Answer Yes F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP will request that PD provide any and all existing environmental reports and data for the property on CD only. The brownfields process may be expedited if PD submits such reports/data with this application. Are any environmental reports/data being submitted with this application? f Answer Yes-CD If environmental reports/data are being submitted with this application. please provide the title. date and author of each item being submitted: Pre-Comprehensive Site Assessment Report May 17, 2002 Excel Civil & Environmental Consultants, PLLC Phase I Environmental Site Assessment January 16, 2007 Environmental Assessments, PLLC Limited Phase II Site Investigation June 2007 GaiaTech Inc. Laboratory Data Indoor Air Analysis February 12, 2008 Pace Analytical Laboratorines for MACTEC Report of Phase I Environmental Site Assessment August12,2008 MACTEC Brownfields Phase II Site Assessment June 1. 2010 Hart & Hickman Analysis of Brownfields Cleanup Alternatives September 30, 2010 Hart & Hickman 13 IV. ADDITIONAL REQUIRED FORMS The following forms are to be filled out and submitted with the application including the Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement. Submittal of the Affidavit requires signature and notarization, and the Proposed Brownfields Application requires an initial. 14 ' \ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NORTH CAROLINA BROWNFIELDS PROGRAM IN THE MATTER OF: Jerry Lee Pruitt UNDER THE AUTHORITY OF NORTH CAROLINA GENERAL STATUTES 3 lJOA-310.30, et. s,. ) ) ) AFFIDAVIT RE: RESPONSIBILITY AND COMPLIANCE <<PROSPECTIVE DEVELOPER NAME>>, being duly sworn, hereby deposes and says: 1. I am <<Jerry Lee Pruitt>> of <<an individual>>. 2. [if signatory is not President, add this paragraph: "I am fully authorized to make the declarations contained herein and to legally bind <<Jerry Lee Pruitt>>."] 3. <<Jerry Lee Pruitt>> is applying for a Brownfields Agreement with the North Carolina Department of Environment and Natural Resources, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields Act), in relation to the following Parcel Number(s) 370312755477, 370312757098, 370312755279, and 370312755310parcel(s) in <<Hickory>>, <<Catawba>>, County, North Carolina: 212 12th Ave. NE, 306 11th Ave. NE, 235 11th Ave. NE, and 11th Ave. NE 4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that I, Jerry Lee Pruitt, and any parent, subsidiary or other affiliate meets the eligibility requirements ofN.C.G.S. 3 130A-310.31(b)(10), in that it has a bonafide, demonstrable desire to buyl8] sell 0 for the purpose of developing or redeveloping, and did not cause or contribute to the contamination at, the parcel(s) cited in the preceding paragraph. 5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that I, Jerry Lee Pruitt meets the eligibility requirement ofN.C.G.S.3130A-310.32(a)(l) in that it and any parent, subsidiary or other affiliate have substantially complied with: a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or other affiliate has been a party; b. the requirements applicable to any remediation in which it or any parent, subsidiary or other affiliate has previously engaged; c. federal and state laws, regulations and rules for the protection of the environment. Affiant further saith not. s;~~=· rf;u.% 01Jr't j A.~ e {fy v. ( tf Date 7-J-Is- Sworn to and subscribed before me Ibis f& da~of ~;tt_ ,20 IS: ~J.DQ-~UJS NotaryPublic KATHERINE MHO 1 Notary Public St t LIFIEL.O 15 l My CommiSSion. r: .. ft~ e of South Carolina ._ '4"res December 3, 2018 J My commission expires: (SEAL) 16 Preliminary Proposed Brownfields Agreement I. Property Facts a. Property Address(es): 212 12th Ave. NE, 306 11th Ave. NE, 235 11th Ave. NE, and 11th Ave. NE b. Property Seller: Wilcox & Gibbs Filix ofDeleware c. Property Buyer: Jerry Lee Pruitt d. Brief Property Usage History: From the 1960's until early 2000 the proerty was used for the manufacture of elastic textile yams. e. The planned reuse will potentially involve the following use classification(s) (check all that apply): D School/childcare/senior care D ~ D ~ D D D D D Residential Commercial, retail (specify) Other commercial (specify) Office Light industrial Heavy industrial Recreational Open space Other (specify) II. Contaminant Information Convenient store, resturant and retail shops a. The contaminant situation at the property is best described by the following (check all that apply): D Contaminants are from an on-property source(s) D Contaminants are from an off-property source(s) ~ D Contaminants are from an unknown source( s) Contaminants have not yet been documented on the property 17 b. Contaminated Media Table. (If known, check appropriate boxes below) Contaminant Types Chlorinated Solvents (list): Petroleum: ASTs0 USTs0 Other Other (list): i Metals n (list): 0 Other (list): Soil III. Protective Measures Groundwater and/or Surface Water Tetrac hloreth ene, Trichl ore the ne Private Wells Vapor Intrusion I am prepared to take steps necessary to make the property suitable for its planned uses while fully protecting public health and the environment. I propose that NCBP consider a brownfields agreement that will make the property suitable for the planned use(s) through the following mechanism(s) (check all that apply): D Contaminant remediation to risk-based levels. [gl Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc) [gl Land use restrictions that run with the land that will restrict or prohibit uses that are unacceptable from a risk assessment/management perspective. (Important Note: In any 18 final browrifields agreement generated by the NCBP, land use restrictions will ultimately come with the continuing obligation to submit an annual certification that the Land Use Restrictions are being complied with and are recorded at the applicable register of deeds office.) IV. Fees In connection with a brownfields agreement, the Act requires that the developer pay fees to offset the cost to the Department of Environment and Natural Resources and the Department of Justice. In satisfaction of the Act, the following fees apply to any brownfields agreement that is developed for this project, subject to negotiation of the brownfields agreement: a. A $2,000 initial fee will be due from the applicant PD when both of the following occur: 1) NCBP receives this application and proposed brownfields agreement, AND 2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for participation in the NCBP and continued negotiation of a brownfields agreement. b. A second fee of $6,000 will be due from the PD prior to execution ofthe brownfields agreement. Should the prospective developer choose to negotiate changes to the agreement that necessitate evaluation by the Department of Justice, additional fees shall apply. c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an additional fee of at least $1,000. d. In the unexpected event that the environmental conditions at the property are unusually complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will negotiate additional fees. )¥! -/l ~lease check this box and initial in space provided to indicate your ac~m!nt of the above fee structure. - Date of Submittal: ]-/-IS 19 ~ ... ,.,...._ ..... _..........,. ........ ........... -..... ""'""booO..."IWJ....Ont. ,.,.._.,. KJOC06Mt~~:t.wo ... c.....c...-.... l_c....,.._, .... I~U...wt._ .. ..__lil;b,_l) :~,.o:~~':::O.::::O;J::::O.., ... ,......,. ...................... ,...,..CiiJoMI" ~~--- -~f~ ..... --·--0(-.. .-.... ..u .... ,, 0006TOIJ•notiW"'-#O'l(t .. _ .,«JJIIC ".•-IJOIIW .. ltn :32 ---........ ~--~-· ,.,..c. .... ~ .. c-,.-. ....... ,...,lllllt~I~""'"'"""""MtoiltlJMIMiw-01 Mof,NIOOIII"" .......... ei'.-itl(loi<tlt"""MII-.tUSGtt.-. ._ ...... """*""' .. ..........,."""""'-· ................... \.¥"-.c)-.-· ._ ...... ------~~...,. . .... ...... --u-.--....... .. o--.. Q vs ....... Qk ..... _ UICJ<ORV,NC )!Hl4it<l ... ll4h 199.'1 Exhibit II Site Location Exhibit Ill -ParceiiD Numbers Parcel# 370312755477 Parcel#370312755310 1 in= 150ft This map/report product was prepared from the Catawba County, NC Geospatiallnformation Services. Catawba County has made substantial efforts to ensure the accuracy of location and labeling information contained on this map or data on this report. Catawba County promotes and recommends the independent verification of any data contained on this map/report product by the user. The County of Catawba, its employees, agents, and personnel, disclaim, and shall not be held liable for any and all damages, loss or liability, whether direct, indirect or consequential which arises or may arise from this map/report product or the use thereof by any person or entity. Copyright 2014 Catawba County NC 06/30/2015 Note to Deeds & Legal Descriptions Brownfields Property Application The following two General Warranty Deeds and associated Legal Descriptions depict all four parcels in this Brownfields Property Application. • Parcels 370312755477 and 370312757098 are identified in the attached General Warranty Deed dated July 1, 1980 and recorded in the Catawba County Register of Deeds Book 1235 and Page 324. • Parcels 370312755310 and 370312755279 are identified in the attached General Warranty Deed dated November 23, 2004 and recorded in the Catawba County Register of Deeds Book 02623 and Page 1773. tOJ Reli. $42.50 Tn Lot No. ....... .. ... .. ...................... . Parcel ldtnUIItr ~o. VeriGtd by ........... ""' .................. . .. .. . . CQIIRIY on lhe day or .......• 18 ... ,. ....... b)' .................................... . lbU a!ttr r<~eotrllnr to .......... .. 0 > H' .. '" '"'' ....... , 0 ................................. ~ ..... . ... ......... Hickory, N. .. c .................................. .. THIS DEED mad1 this .. ls t .... day of ....... J).llY, ............. .. GRANTOR DAViD L. SMITH .~md wife, EDNA GERTRUDE SMITH -~ INC. 28601 . ... . . ······· llttu,. ••~ II II&!'»"Prlll•• clt.ara.cUt of ••Ut7 ....... n..,.raclf'a. ·~,·~.n.b.l~ ·.-" \. • ... 'J .· • f \\ •• htnl11 1111111 lncludt nld parUn, their heln~, 111f~••on, and u•ll'll11 aild a11all h1el111H alnaular, plllfDl; muc111lne, 1111 nlnt or lltllhf u fiCIUind by col\text. · ·\• •, , • · • ' t\ I I . l' : WITNESSE'rll. thPt lbe Grantor, tar • VllUAhle QOtllldnatlon Pilla b)' tbl Grantee, till rn•lpt.'gC. wblcb ,. .. b.r.by • &ekJ!owledred, hat and by then prennb do•• groll.t, bar111ln, nil and eonnr 1111ta th Orutn ,ll-'toe'.l!IDl~ .. •u· tht t k lo, I • ' eerU:ln lot or parcel or land altuated In th• City ol ... Hickory. ........................ , , R .. 9. 91:;Y. ... :·· .. , ... , .. Townahlp, ......... Clltl.lWb& .. . ..... Covnty, North C11rollnn nnd more patUculnrl)•ll"~rlb•d n• follows: BEGINNING at an iron eto~e in the southern margin of LOth Avenue Drive, N.E., the northwest corner of the Lawing, Rowe & Company 1ands, and runs from said 'Qegirining point South '/" 26' 2811 West 220,50 feet to an ir~m ~take, .t.lte eouth,. ... west corner of the t..awing, Rowe & Co~~~pany property; thence North 86° 03 1 54" · West 53,08 feet to an irori stake; thence North 4° 30' East 57,89 feet to an iron stake; thence North 85° 57 1 3911 West 66,81 feet to s point; thence North 5° OJ' 35" East LSS,OO feet to an b:on stake in the southern margin of llth ·Avenue, N.E.; thence following the margin of said street South 85° 43 1 East 65,00 feet to an iron stake; thence North 4° 301 East to a spike ~ the pave- ment in the intersection of 11th Avenue, N,E, and lOth Avenue Drive, N.E.j thence South 51~ 081 3111 East 78,00 feet to the point of. Beiinn:l.ng, containing 0.609 act'e's, marc or l.ess, according to an actual survey entitled "Property of · David L. Smith and wife, Edna Gertrude11 dated June 301 1980, and dra~.m by vaughn & Bradshaw surveying Company, Hickory, N.C. Jll.c:".II.U ••••r. ,..,,.~ •. a ·J ,,..,, tc., ... ., .. ""· 2623 1773 The foregoing certiftcate(s) of BEVERLY L COOK BOOK 2 6 2 3 PAGE 1 7 7 3 '· MARLENE S GERMAN SETTY W MORRIS BARBARA C ROBINSON FILED CATAWBA COUNTY HUTH MACKIE REGISTER OF DEEDS notary/notaries public ~~ FILED AT BOOK PAGE Nov 23,2004 10:28:04 am 02623 Cat1wba County 11-23-2004 NORm CAROLINA IWIIf.llhlo ~ Exrilc Tax $2:!0 00 RUTH MACKIE Register of Deeds __ NORTH CAROLINA GENERAL WARRANTY DEED 'Revef\ue. ~ ~ IJ-O.CXJ THIS INSTRUMENT WAS PREPARED BY: PATRICK, HARPER & DIXON L.L.P. 035043 IDCKORY,NC THIS DEED made this lst day of November, 2004, by and between KENNETH LEE MORRJSON,INDIVlDUALLY, AND AS EXECUTOR OF THE ESTATE OF WILMA M. KISER, and wife, SUSY CECIL MORRISON, JIMMIE GARTH MORRISON and wife, ELLEN YOUNG MORRISON, and PATSY MORRlSON BOWMAN, and husband, DENNIS RAY BOWMAN,GrantorsandREGALMANUFACTURINGCOMPANY,lNC.,aDelawarecorporation authorized to do business in the State of North Carolina and having an office in Hickory, North Carolina, whose address is Post Office Box 2189, Hick C 28603, Grantee The designation Grantor and Grantee as used herein and assigns, and shall include singular, plural, m WITNESSETH, that the Grantors, for a v which is hereby acknowledged, have an the Grantee in fee simple, all thos Catawba County, North Carolina, · parties, t11eir heirs, successors, r neuter as required by context paid by the Grantee, the receipt of o grant, bargain, sell and convey unto s of land situated in Hickory Township, icularly described as follows: ed in the northern margin of the right of way for , said iron stake being the southwest comer of property formerly owned by Mil ed G. Yount and being the southeast corner of Lot 14, Block A of the J. L. Starnes Property, and running thence from said beginning point along the northern margin of the. right of way for 11111 Avenue, N.E., North 85' 45' West 125.0 feet to an iron stake in the northern margin of the right of way for 11111 A venue, N .E., said iron stake being t11e southeast corner of property formerly owned by Virginia Scronce, J.P. and June Smith, and being the southwest comer of Lot 10, Block A of the J. L. Starnes Propertyi thence North 2' 06' East with the enstem margin of the property of Virginia Scronce and J.P. and June Smith, 125.0 feet to an iron stake in the southern boundnry of property owned hy Regal Manufacturing Company, being the northwest corner of Lot I 0, Block A ofthe J. L. Starnes Property; thence South 85' 35'East along the southern boundnry of the Regal Manufacturing property and property formerly owned by Jane Haight, 125.0 feet to an iron stake, t11e northeast corner of Lot14, Block A of Lhe J. L. Starnes property and the northwestern comer ofLot 15, Block A of the J. L. Starnes Property; thence South2• 06' West along thewesternlineofMildred G. Yount, 125.0 feet to the point of beginning. BEING all of Lots 10, I I, 12, 13 and 14 ofB!ock A of the J. L. Stumes property, a plat of which is recorded in Plat Book 2 at Page I in the office ofthe Register of Deeds of Catawba County. For partial chain of ti tie and further description see deeds recorded in Book 4 79, Page 202 and Book 442, Page 493, Catawba County Registry. Also see Estate File No. 04 E 484, Catawba County Clerk's Office. 1773 2623 1774 I BOOK 2623PAGE1774 This conveyance is made subject to all casements, rights of way, restrictions and conditions of record. TO HA VB AND TO HOLD Ole aforesaid lots orpa:wels ofland and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantors covenant wiU1. the Grantee, that Grantors are seized of the premises in fee simple, have the right to convey tbe same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantors will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: all easements, rights ofwny, restrictions and conditions of record. IN WI1NESS WHEREOF, the Grantors have hereunto set tbeirhands and seals, as oftbe day and year first above written. NORTH CAROLINA CATAWBA COUNTY ~~~ (SEAL) Kenneth Lee Morrison, Individually, and as Executor oftbe Estate of Wilma D. Kiser ~a;t t1-uJ .L m~'L(SEAL) Susy Ce I Momson I, a Notary Public for the County and State aforesaid, certifY that Kenneth Lee Morrison, individually, and as Executor of the Estate of Wilma M. Kiser, and wife, Susy Cecil Morrison, personally appeared before me this day and acknowledged the execution of the foregoing instrument. 2ri Witness my hand and official stamp or seal, this ...l....L__ day of November, 2004. 'JJUMfj' f ~~ Notary Public /c MyCommissionExpires:__tP!J ,;z.. .;; 0 03' ~I f 2623 1775 .. BOOK 2 6 23 PAGE 1775 NEW JERSEY t--1 . COUNTYOF ~ I, a Notruy Pub I ic for the County and State aforesaid, certify that Jimmie Garth Morrison and wife, Ellen Youn.g Morrison, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this II i'day ofNovember, 2004. . N~~~-. ..-1!_- My Commission Expires:---l.IO.~~~PL!;NI! ~. GJL~AN M C ... tltlt: uF FlEw JERSEY 'i ommlaslon I:'Jplroo Juno 9, 2008 SOUTH CAROLINA j_ COUNTYOF ~ ~ I, a Notary Pub[ c for the County and State aforesaid, certify that Patsy Morrison Bowman atMl hUGllaa!l, Oiiii:Ris Ra~ Bowman, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this b SOUTHCARO~ COUNTYOF _ I, a Notary Public for the County and State aforesaid, certifY that Dennis Ray Bowman personally appeared before me this day and acknowledged the execution ofthe foregoin~ ,-.\\1·0·~·~"·· ... mstrument. ., 1. · ...... ; P tC. •• /.···~}'' '·<~:; >.:(:"·~ ... .J H¢.0 . • ?'·, Witness my hand and official stamp or seaJ, this i k day ofNovember, 2004. :' ;;:-'[;;.,;;~"· . \ o \ .Ot.1~··.c>~~·~,. Ba..i!b .. ~ ~ \~1..~-E~~r>·~~li!Jf: • . """'·.OJ'~~~ ' .... " ' .. ~ :, Notary Public '•~· •. 0''~·.··''' f,<::· ...... 'J•/: My Commissi.on Expires: My Commlsalon Expire$'~~1.~::.·· f t .l