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HomeMy WebLinkAbout20221128_ROW_and_Deeds IMEN, TO LAND RECORDS naj rJvvu a vuTaawl c"ieyi 3 ie:i Gf Dccua Amy R. Murray Inst# 609229 Book 604 Page 1291 Number of Pages: 9 Prepared by and return to: James W. Kirkpatrick, III 08/03/2004 10:27:56am ROAD RIGHT OF WAY AGREEMENT NORTH CAROLINA COUNTY OF HAYWOOD THIS RIGHT OF WAY AGREEMENT made this day of /4 2004, by and between JOHN M. QUEEN, III; ALICE H. QUEEN, JAMES WILLIAM QUEEN and wife, JOYCE C. QUEEN; MARGARET Q. RATHBONE and husband, PAUL K. RATHBONE; SUSAN QUEEN CARVER and husband, SAMUEL N. CARVER; MARY QUEEN WILSON and husband, WILLIAM P. WILSON; FED-BUFF EAST, LLC, a North Carolina Limited Liability Company; WILLIAM BARTON CAMPBELL and wife Wanda Campbell; BETTY JO CAMPBELL BEASLEY and husband, MICHAEL BEASLEY; HUGH B. CAMPBELL, JR. and wife, MARY IRVING C. CAMPBELL; WILBURN W. CAMPBELL; JEWEL E. CARVER and husband, JAMES CARVER; MARTHA JANE MEDFORD and husband, GERALD MEDFORD; CASSENDA C. FARMER and husband, DAVID FARMER; and INKUM-PINKUM NORTH, LLC, a North Carolina Limited Liability Company WHEREAS, John M. Queen, III, Alice H. Queen, James William Queen, Margaret Q. Rathbone, Susan Queen Carver and Mary Queen Wilson are the owners of a tract of land in Ivy Hill Township, Haywood County, North Carolina(Tract I, Soco - 211.452 acres), more particularly described in a deed dated February 27, 2000 and recorded in Book 478, page 417, Haywood County Registry, to which deed reference is made for a more certainty of description; and WHEREAS, Fed-Buff East, LLC, a North Carolina Limited Liability Company is the owner of a tract of land in Ivy Hill Township, Haywood County, North Carolina(Tract II, Soco- 211.389 acres), more particularly described in a deed dated February 27, 2000 and recorded in Book 478, page 419, Haywood county Registry, to which deed reference is made for a more certainty of description; and L r ♦N GlnT7n �-_t i_ l'n A T-._�_t- nf) l ' ' LIJ ., VVJLLJ J1ilVA VVY tQyG. LL JL WHEREAS, William Barton Campbell and Betty Jo Campbell Beasley are the owners of a tract of land in Ivy Hill Township, Haywood County, North Carolina, more particularly described in a deed dated July 19, 1974 and recorded in Book 269, page 783, Haywood County Registry, to which deed reference is made for a greater certainty of description; and WHEREAS, Hugh B. Campbell, Jr. and wife, Mary Irving C. Campbell and Wilburn W. Campbell are the owners of a tract of land in Ivy Hill Township, Haywood County, North Carolina, more particularly described in a deed dated March 7, 1994, and recorded in Book 440, page 1912, Haywood County Registry, to which deed reference is hereby made for a greater certainty of description; and WHEREAS, Jewell E. Carver is the owner of a tract of land in Ivy Hill Township, Haywood County, North Carolina, more particularly described in a deed dated March 6, 1998, and recorded in Book 464, page 524, Haywood County Registry, to which deed reference is hereby made for a greater certainty of description; and WHEREAS, Martha Jane Medford is the owner of a tract of land in Ivy Hill Township, Haywood County, North Carolina, more particularly described in a deed dated February 20, 1998 and recorded in Book 464, page 527, Haywood County Registry, to which deed reference is hereby made for a greater certainty of description; and WHEREAS, Cassenda C. Farmer is the owner of a tract of land in Ivy Hill Township, Haywood County,North Carolina, more particularly described in a deed dated January, 1997 and recorded in Book 456, page 2607, Haywood County Registry, to which deed reference is hereby made for greater certainty of description; and WHEREAS, Inkum-Pinkum North, LLC, a North Carolina Limited Liability Company is the owner of a tract of land in Ivy Hill Township, Haywood County,North Carolina(Tract I - 143.516)more particularly described in a deed dated February 27, 2000 and recorded in Book 478,page 424, Haywood County Registry, to which deed reference is made for a greater certainty of description; and WHEREAS, Alice H. Queen, Margaret Q. Rathbone, Susan Queen Carver and Mary Q. Wilson are the owners of a tract of land in Ivy Hill Township, Haywood County, North Carolina, (Tract II, 143.516) more particularly described in a deed dated February 27, 2000 and recorded in Book 478, page 427, Haywood County Registry, to which deed reference is made for a greater certainty of description; and WHEREAS, all of the parties hereto desire to establish a forty-five (45') foot road right of way and easement for ingress, egress and utilities across the respective properties of the parties; said easement and right of way to be used jointly by all the parties hereto; WHEREAS, the centerline of said forty-five (45) foot right of way begins at the center of U.S. Highway 19 (Soco Road) and runs across the respective properties of the parties as shown and described in that plat recorded in Plat Cabinet C, Slot 3 7 4-3 Haywood County Registry. r L!!j f}..R VV�Lf.� DV VIA VV"+f Gaye. NOW, THEREFORE, all of said parties, for and in consideration of the mutual covenants contained herein, subject to the terms and conditions hereinafter set forth, do hereby give, grant, convey and establish a joint perpetual road right of way and easement forty-five (45') feet in width, the centerline of which is described as follows: As shown on that plat recorded in Cabinet C, Slot 3743, entitled John M. Queen Heirs and prepared by J. Randy Herron, P.L.S. and being described further as follows: BEGINNING at a point in the center of US Highway 19 (Soco Road), said point being the northern ending call of C9 and southern beginning call of C 10 as shown on that plat prepared for the John M. Queen Heirs dated October 17, 2003 and prepared by J. Randy Herron, P.L.S. and recorded in Plat Cabinet C, Slot 31'3, Haywood County Registry and the centerline of said right of way runs from the western end of call L195, across that 211.923 acre tract set out, to the eastern end of call L196, a point in the line of the 211.923 acre tract and the 210.918 acre tract as set out; thence from the eastern end of call L196, across that 210.918 acre tract as set out to the eastern end of call L151; thence from the eastern end of call L151 to the eastern end of call L65; thence from the eastern end of call L65 across call L210 and call L211 to a point in the western end of call L59; thence from the western end of call L59 to the eastern end of call L42 in the line of the 210.918 acre tract and the Campbell tract; thence crossing the Campbell tracts, the Carver tract, the Medford tract and the Farmer tract to the southern end of call C22 at a point in the line of the John M. Queen Heirs (Deed Book 63, Page 586) said point being in the line of the Inkum-Pinkum North, LLC tract as hereinabove referred to; the centerline of said right of way will then continue from said point across the property of the Inkum-Pinkum North, LLC tract to the property of Alice H. Queen, Margaret Q. Rathbone, Susan Queen Carver and Mary Q. Wilson tract as hereinabove referred to in Deed Book 478, Page 427, as said road is laid out and now in use or as constructed over and across said property; the right of way described shall be forty-five (45') feet in width and runs across all of the parties heretofore set out and as shown in that plat recorded in Plat Cabinet C, Slot 37f3, Haywood County Registry. TO HAVE AND TO HOLD said Road Right of Way Easement, to them, all of the said parties, their heirs, successors and assigns, entitled forever, it being agreed that the right and easement hereby granted shall be used jointly by all parties and is appurtenant to and runs with the lands now owned by the parties herein above referred to. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, or if corporate or limited liability company, have caused this instrument to be signed in its corporate or company name by its duly authorized officers or managers by authority of its company, the day and year first above written. � ' ( SEAL) M. Queen, III o I zF ( S EAL Alice H. Queen 7 ( SEAL) ! /,/James William Queen �'� (SEAL) , yce . Queen C� ( SEAL) Margaret F. Rathbone SEAL Paul k. Rath one Jw4�6��&� ( SEAL) Susan Queen Carver dd... (SEAL) amuel N. Carver G<d,-,-�- ( SEAL) MarfQ i n William P. Wilson �iicnnn.,ra Book' rnA .. .�c is3 1l 6C 9G G.1 Boon FED-BUFF EAST, LLC, A North Carolina Limited Liability Company By: ( SEAL) Jo M. Queen, III, Member-M ager By: " --_(SEAL) lice H. Queen, ember anager By: (SEAL) Mary Q. lson, ember-Manager r RY: (SEAL) ames Wi iam een, r- ger William Barton Campbell Wanda Campbell Betty Jo Campbell Beasley Michael Beasley Hugh B. Campbell, Jr. Mary Irving C. Campbell Wilburn W. Campbell Jewel E. Carver James Carver ycnnn�n 111r'� .7�VVJGGJ -DooA VnVu Page: n- LL7V Martha Jane Medford Gerald Medford Cassenda C. Farmer David Farmer INKUM-PINKUM NORTH, LLC a North Carolina Limited Liability Company By: �• SEAL) Margare . Rathbone, ember-Manager " I By: ( SEAL) Susan Queen Carver, Member-Manager STATE OF NORTH CAROLINA- COUNTY OF HAYWOOD I, a Notary of said State and County, do hereby certify that John M. Queen, III (single), personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the �00' d'$� , 2004. ° ? My commission expires: I1— a — 2,00 7 Notary Public � `� AU B`!C• r�r • • +�.iV..1�VV.>f.Ld BVVA VV'ff c^dyc 123', STATE OF NORTH CAROLINA-COUNTY OF HAYWOOD I, a Notary of said State and County, do hereby certify that SUSAN QUEEN CARVER and husband, SAMUEL N. CARVER, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the 1 S day of 2004. My commission expires: O 7 Notary Public ? � PUBLIC h►ntr►Hra STATE OF NORTH CAROLINA- COUNTY OF HAYWOOD I, a Notary of said State and County, do hereby certify that MARY QUEEN WILSON and husband, WILLIAM P. WILSON, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. (4 WITNESS my hand and notarial seal, this theo�j day of —, 2004. , My co ission expires: )14 4NotPublic STATE OF NORTH CAROLINA-COUNTY OF HAYWOOD "1f I, a Notary of said St e and o t d hereby certify that John M. Queen, III; Alice H. Queen; Mary Q. Wilson and WRY& aselQember-Manager of Fed-BuffEast, LLC, a North Carolina Limited Liability Company,personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the IS day of m a , 2004. My commission expires: 41YI&LL kL ot I I - a -O 7 Notary Public s p1j,B1.1c r 9 a� .faf.If . iaS�*vv 1�."i.� ovvn" vvY �oycG i%�c�s STATE OF NORTH CAROLINA- COUNTY OF HAYWOOD I, a Notary of said State and County, do hereby certify that ALICE H. QUEEN (single), personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the < day of 004. , '�? IN 9e My�ommission expires: �F i-a -tea -7 Notary Public ;�F ��># 1®��. 1v� STATE OF NORTH CAROLINA COUNTY OF HAYWOOD I, a Notary of said State and County, do hereby certify that JAMES WILLIAM QUEEN and wife, JOYCE C. QUEEN, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the I? day of J 00001*4Q04. My commission expires: v f • ,q� J' 0-7 Notary Public • ..� <- a06�Ga STATE OF NORTH CAROLINA COUNTY OF HAYWOOD I, a Notary of said State and County, do hereby certify that MARGARET O. RATHBONE and husband. PAUL K. RATHBONE,personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the IS day of (Y1 2004. �. . •, ,�o •• My commission expires: •� ,� I - a -0 -7 Notary Public S cJpa Phi B OC ' L� r• • nnn� cnllns cVn- Boon innn STATE OF NORTH CAROLINA COUNTY OF HAYWOOD I, a Notary of said State and County, do hereby certify that Margaret Q. Rathbone and Susan Queen Carver as Member-Manager of INKUM-PINKUM NORTH LLC a North Carolina Limited Liability Company,personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the 15 day of , 2004. P N. My commission expires: ' ! ....... Notary Public � .;�JATA1�Y 4 cx�: a � � • b State of North Carolina, Haywood County ®� The Foregoing Certificate(s) of ►er��+•tP�,,� PAMELA N STARNES, KATHLEEN MULL CREASMAN /NP is (are) Certified to be Correct. This Instrument was filed for Registration on this 3rd Day of August, 2004 in the Book and Page shown on the First Page here Amy R. Murray By L I PRESENTED TO LAND RECORD DATE o6, BY C Haywood County--Register of Deeds Amy R. Murray, Register of Deeds Book 658 Page 253 # Pgs: 3 02/10/2006 02:35:44pm NORTH CAROLINA i ROAD RIGHT OF WAY AND EASEMENT HAYWOOD COUNTY THIS RIGHT OF WAY AND EASEMENT, made this day of , 2006, by WILLIAM BARTON CAMPBELL and wife, WANDA DUCKETT CAMPBELL, and BETTY JO BEASLEY and husband, Michael Beasley, hereinafter referred to as "Parties of the First Part", and MARTHA JANE MEDFORD, hereinafter referred to as "Party of the Second Part"; W I T N E S S E T H: THAT WHEREAS, the Parties of the First Part are the owners of a certain tract of land located in Ivy Hill Township, Haywood County, North Carolina, as described in that deed recorded in Deed 1 Book 455, page 622, Haywood County Registry; and WHEREAS, the Party of the Second Part is the owner of a certain tract of land located in Ivy Hill Township, Haywood County, North Carolina, as described in that deed recorded in Deed Book 464, page 527, Haywood County Registry; and WHEREAS, access to the real property of the Party of the Second Part as described herein is provided by a road currently in existence and in use that crosses over and across the real property of the Parties of the First Part as described herein WHEREAS, the Parties of the First Part desire to grant a legally effective road right of way and easement to the Party of the Second Part over. NOW, THEREFORE, in consideration of Ten Dollars and other good and valuable considerations to them in hand paid, the receipt of which is hereby acknowledged, the Parties of the First Part do hereby give, grant, bargain, sell and convey to the Party of the Second Part, her heirs, assigns and successors, a road right of way and easement over and across the property of the Parties of the First Part as described herein, sa'd road right of way and easement being over that road currently in existence and in use and as shown as that 30 foot road right of way on that plat and survey recorded in Plat Cabinet C. Slot 1444, Haywood County Registry. Inst$6580253 Page:2 of 3 The above described road right of way and easement shall be for the benefit of and appurtenant to the real property of the Party of the Second Part as described in Deed Book 464, Page 527, Haywood County Registry. TO HAVE AND TO HOLD, said road rights of way and easements, unto the Party of Second Part, her heirs, assigns and successors, forever. IN WITNESS WHEREOF, the Parties of the First Part have hereunto set their hands and seals, this the day and year first above written. (SEAL) William Bk04�� a rton Cam be Gt" � � (SEAL) Wanda Duckett � _Campbell �•( -..i��" (SEAL) Betty oeBeasley N (SEAL) Michael Beasley STATE OF NORTH CAROLINA - Haywood County I, a Notary Public of the County and State aforesaid, hereby certify that William Barton Campbell and wife, Wanda Duckett Campbell, personally appeared before me this day and acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed. Witness my hand and notarial seal, this adA� day of 2006. Notary Public My Commissio Expires : .y lkz �N+ R v Inst#6580253 Page:3 of 3 STATE OF NORTH CAROLINA - Haywood County I, a Notary Public of the County and State aforesaid, hereby certify that Betty Jo Beasley and husband Michael Beasley personally appeared before me this day and acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed. Witness my hand and notarial seal, this day of 2006. 0a.A.212,1 X-1 Notary Public My Commission Expires : 0� 03 Haywood County--Register of Deeds AMY R. hurray Inst #581607 Book 550 Page 2215 03/19/2003 03:23:54pm Prepared by Burton C. Smith, Jr., Attorney, Waynesville, NC RIGHT OF WAY AGREEMENT THIS AGREEMENT made and entered into this the 8th day of January, 2003 by JAMES WILSON FISHER, ll, as Trustee under the Will of James Wilson Fisher and as President of Fisher Holdings, Inc., the General Partner of the Grace C. Fisher Family Limited Partnership [all of which are hereinafter collectively referred to as "Fisher"], MOUNTAINBANK, INC., a North Carolina banking corporation [hereinafter referred to as "Bank"] and HAZEL F. CAMPBELL BRADSHAW [widow], WILLIAM BARTON CAMPBELL and wife WANDA DUCKETT CAMPBELL, and BETTY JOE CAMPBELL BEASLEY and husband MICHAEL BEASLEY. WHEREAS, Fisher is the owner of certain tracts of real property located Ivy Hill Township, Haywood County, North Carolina, described as follows: • Deed Book 510, page 2138; Haywood County Registry, hereinafter referred to as "Fisher's First Tract"; being an approximately 159 acre tract known as Lot No. 3 of the W. A. Campbell lands allotted to D. C. Campbell in the Report of Commissioners in a Special Proceeding recorded in Book 6, page 211 et seq. Minute Docket of Special Proceedings of Haywood County, and being PIN 7676-34-5019, and a portion of which is shown in Plat Cabinet C, Slot 3131, Haywood County Registry; • Deed Book 455, page 622;. Haywood County Registry, [hereinafter referred to as "Fisher's Second Tract"] and being PIN 7676-41-4631; WHEREAS, Bank is the owner and holder in due course of the promissory note secured by the Deed of Trust dated January 16, 2002 recorded in Deed of Trust Book 511, page 2389, encumbering the real property of Fisher described herein; WHEREAS, Hazel F. Campbell Bradshaw and William Barton Campbell and wife, Wanda Duckett Campbell, are the owners of the real property located Ivy Hill Township, Haywood County, North Carolina, described in the deed recorded in Deed Book 269, page 783, Haywood County Registry and being 7676-54-0781. WHEREAS, Betty Joe Campbell Beasley and husband Michael Beasley are the owners of the real property located Ivy Hill Township, Haywood County, North Carolina, described in the deed recorded in Deed Book 404, page 951; Haywood County Registry and being PIN 7676-54-5335; WHEREAS, there exists a right of way and easement for ingress, egress and utility purposes over and across the roadway that currently runs from State Road 1213 known as Caldwell Drive approximately paralleling Campbell Creek across the Betty Joe Campbell Beasley and husband, 1 Inst # 581607 Book 550 Page: 2216 Michael Beasley property and the Hazel F. Campbell Bradshaw and William Bart Campbell property [passing the Bart Campbell barn] the across the above-described lands of Fisher; WHEREAS, the parties desire to provide for the improvement of State Road 1213 [Caldwell Branch Road] and for the release of the above-described right of way and easement from the northernmost boundary of Fisher's Second Tract [as it abuts the Hazel F. Campbell Bradshaw and William Barton Campbell property] as it runs from across the Betty Joe Campbell Beasley and husband, Michael Beasley property and the Hazel F. Campbell Bradshaw and William Bart Campbell property [passing the Bart Campbell barn]; NOW THEREFORE, in consideration of the mutual covenants, conditions and promises herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged, IT IS AGREED as follows: 1) FIRST RELEASE BY FISHER. Fisher hereby releases to Hazel F. Campbell Bradshaw and William Barton Campbell and wife, Wanda Duckett Campbell, all interest which he may have in the right of way and easement from the northernmost boundary of Fisher's Second Tract [as it abuts the Hazel F. Campbell Bradshaw and Bart Campbell property] over and across the lands of Hazel F. Campbell Bradshaw and Wiliam Barton Campbell and wife, Wanda Duckett Campbell, as described in the deed recorded in Deed Book 269, page 783, Haywood County Registry and being 7676-54-0781. 2) SECOND RELEASE BY FISHER. Fisher hereby releases to Betty Joe Campbell Beasley and husband, Michael Beasley all interest which he may have in the right of way and easement from the northernmost boundary of Fisher's Second Tract [as it abuts the Hazel F. Campbell Bradshaw and Bart Campbell property] over and across the lands of Betty Joe Campbell Beasley,and husband, Michael Beasley as described in the deed recorded in Deed Book 404, page 951; Haywood County Registry and being PIN 7676-54-5335. 3) RELEASE BY BANK. Bank hereby releases all interest which it may have in the right of way and easement from the northernmost boundary of Fisher's Second Tract [as it abuts the Hazel F. Campbell Bradshaw and Bart Campbell property roadway over and across the real property described in Paragraphs 1 and 2 above from the security of the above-described deed of trust recorded in Deed of Trust Book 511, page 2389. 4) DOT RIGHT OF WAY. Hazel F. Campbell Bradshaw, William Barton Campbell and wife Wanda Duckett Campbell, and Betty Joe Campbell Beasley and husband, Michael Beasley shall simultaneously herewith execute a "Secondary Road Right of Way Agreement" in favor of the North Carolina Department of Transportation ["NCDOT"]granting to the NCDOT the right to improve and construct State Road 1213 [Caldwell Branch Road] to a width of 45-feet feet under Project Number 6.942144. 5) GENERAL PROVISIONS. a) The parties shall have the right to specifically enforce the performance of this agreement, which enforcement remedies may include injunctive relief. b) Any action brought to enforce this agreement shall be filed in the General Court of Justice, District Court Division, Haywood County, and the parties [and their successors and assigns] hereby submit to the personal and subject matter jurisdiction of said court as a condition to the enjoyment of the benefits bestowed hereby. c) In the event that a party breaches this agreement and a party proceeds to enforce any right or provisions herein, the prevailing party shall be entitled to receive as part of any judgment or settlement all reasonable costs of enforcement including actual attorney fees 2 5 i st ■ 581607 ■o0 550 Page: 2217 an all other costs that would be taxable against melon party in an action in the General Courts of Justice. d) As used herein, all des nat,ons of the parties include the singular an plural. e This agreement shall inure to the benefit of be parties, ƒ+r heirs, successors and assigns. . . w . / v a . >< a Inst # 581607 Book 550 Page: 2218 IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written on separate signature pages. [SEAL] WILLIAM BARYON CAMP ELL � (3t 6�[SEAL] WANDA DUCKETT CAMPBELL STATE OF NORTH CAROLINA HAYWOOD COUNTY I, Jarilyn M. Tuttle, a Notary Public, do hereby certify that WILLIAM BARTON CAMPBELL and wife WANDA DUCKETT CAMPBELL personally appeared before me this day, and being by me duly sworn, says that they executed the foregoing and annexed instrument. ess my hand and notarial seal this the day of January, 2003. of Public My Commission Expires: 12/20/2003 t, rd T TA .• iUiill�l�A������� 4 Inst # 581607 Book 550 Page: 2219 IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written on separate signature pages. [SEAL] H L F. CAMP ELL RADSHAW, widow STATE OF NORTH CAROLINA HAYWOOD COUNTY I, Jarilyn M. Tuttle, a Notary Public, do hereby certify that HAZEL F. CAMPBELL BRADSHAW, widow, personally appeared before me this day, and being by me duly sworn, says that they executed the foregoing and annexed instrument. Witness my hand and notarial seal this the 4'0' ay of January, 2003. No Public My Commission Expires: 12/20/2003 TA IjBoo ou 5 Inert i 581607 Book 550 Pages: 2220 IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written on separate signature pages. C L U AL] BETTY O CAMPBELL BEASLEY [SEAL] MICHAEL BEASLEY STATE OF NORTH CAROLINA HAYWOOD COUNTY I, Jarilyn M. Tuttle, a Notary Public, do hereby certify that BETTY JOE CAMPBELL BEASLEY and husband, MICHAEL BEASLEY personally appeared before me this day, and being by me duly sworn, says that they executed the foregoing and annexed instrument. ess my hand and notarial seal this the�'�_ day of January, 2003. ary ublic My Commission Expires: 12/20/2003 U', � SOU 6 Inst # 581607 Book 550 Page: 2221 IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written on separate signature pages. [SEAL] J4MES WILSON FISHER, II T stee under the Will of James Wilson Fisher STATE OF NORTH CAROLINA HAYWOOD COUNTY I, Jarilyn M. Tuttle, a Notary Public, do hereby certify that JAMES WILSON FISHER, II, personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument. Witness my hand and notarial seal this the day of a ublic My Commission Expires: 12/20/2003 PJ1 Al.l c �G 7 Inst # 581607 Book 550 Page: 2222 IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written on separate signature pages. FISHER HOLDINGS, INC., General Partner of The Grace C. Fisher Family Limited Partnership S WILSON HER, II, ....• fldent [ pf Seal] � T ,6��,NORTH CAROLINA 44A't WOOD COUNTY I, Jarilyn M. Tuttle, a Notary Public of the County and State aforesaid, certify that JAMES WILSON FISHER, II, personally came before me this day and acknowledged that he is President of FISHER HOLDINGS, INC., a Georgia corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by him as the President and sealed with its corporate seal. s my hand and notarial seal this the day of� / tary ublic �����A1�41111 II fllll��� My Commission Expires: 12/20/2003 M > olAf 8 Inst # 581607 Book 550 Page: 2223 IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written on separate signature pages. MOUNTAINBANK, INC., By. v `J J President ATTEST,.,., By; S etary 1 [Coryorate.Seal] STATV OF NORTH CAROLINA �/S -- COUNTY I, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he/she is Secretary of MOUNTAINBANK, INC., a North Carolina banking corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its nagie by the ,E!/ President, sealed with its corporate seal and attested by him/her as its f�t Secretary. aic�C� e2oo3. Witness my hand and notarial seal this the day of ,N ary P lic State of North Carolina,Haywood County I `On,EXplres: The Foregoing Certificate(s)of JARILYN M TUTTLE,JUDY SCOTT M EXPIRES MAY 03 200 EDWARDS/NP d 3 is(are)Certified to be Correct. o A }"��;� r This Instrument was filed for Registration on this 19th Day of March,2003 in the Book and P e ,how�n on t�h Fir Page hereof. Amy R.Murray By:n= LAG �6�--Y'=Qe-- 9 �1199/1394 14:43 7345KEH? NCD0'RIGHTDFW4y PNGE 02 w ' PRESENTED TO LAND RECORDS DATE �i`1�" BY Haywood c unt YM � y--Register of Deeds AMy R. Mu�lrray Inst #581$68 Book 550 Page 2114 03/19/200� 12:08:43pm SECONDARY ROAD RIGHT OF WAY A�REEMENT THIS INSTRUMENT DRAWN BY Frankie J.Dies,Jr. CHECKED BY RETURN TO: NC DEPT.OF TRANSPORTATION 1114 EAST MAIN STREET SYLVA,NC 28779 NORTH CAROLINA PARCEL: COUNTY OF Havvioact PROJECT: S. 1 144 TOWNSHIP OF lu SECONDARY ROAD: - Cam el Cree cad Hazel F. Campbell Bradshaw. individual'& William Barton Campbell & TT husband c e-1 Beasley the undersigned owners of that certain Zd/b1 .__. Register of Deeds OtBce of Hay P�rtY deecri in Deed Book at Page D In the wood County,and bounded by i " e�cc r recognizing the benefits to said property by reelim of the construction or the oposed highway development, and in consideration of the construction of sold projoct, hereby grants to it North Carolina Department of Transportation,the right of way as heroin described and releases the Deparlm t from all claims for damages by reason of said right of way across the lands of the undersigned,and of the pa and future use thereof by the Departmerd,Its successors and assigns, for all purposes for which the Do ant Is authorized by law the subjeet such right of way;said right of way being the width Indicated and across Id property as follows: 45 ft. in width mamured 22.5 ft, on h aids of the centerline of the road, said oentertine to be located by the DeParSment and the construction or Improvement of said mad shall constitute the selection of said centerline:and such additional widths as might be necessary to provide for cut and fill slopes,sedimentation control and drainage of the road. It is undarNood and agreed that the 45 f, right of way hdrelnabove referred to has been staked upon the ground and the centerline of the road Is located In the cantor 3f the right of way stakes. The undOmlgrwd property owners further agree not to erect any structures,Inoludly g masonry madboxes, masonry driveway headwalls,any fencing,etc„or engage In cultivation wIthin the right 4 1 Way granted herein except as approved by the North Carollrai Departi, of Transportation pursuant Io t3.8.,138-93 and N.C.Adminlstrativa Cods,19A NCAC 02E,0404, i It is further understood and agreed that should circumstances,conditions,pLr actions by the North Carolina Department of Transportation delay or delete the proposed improvement of s rld road, that the right of way granted herein shall remain untti such time as releaead by the North Carolina Department of Transportatlon. I� Ii There are no conditions to this agreement not expremad herein. The underolgned hereby covenant and warrant that they are the sole owners of said property;that they solely have the right to grant this right of wry, and that they will forever warrant and defend the title to the same against the lawful claims of all person whomsoever. Secondary Road Right of Way-Staked (For Improvement of Secondary Road) Page I of2 Rev.May 2002 COPY IS 07 POOR QUALITY DUE TO POOR CONDITIONS OF THE ORIGINAL 01!53/1994 14:43 7945886625' NCDO=I;yT yiq.- 581568 CoeaN:Haarwnod Proka-6942t44 Book 550 Page; 2115 NESS WHEREOF,we have her unto set our hands and affixed our seats this tht; y of zoQ . BettyOJoe Ca pb 11 ley , (SEAL) (seAL)� William Barton mpbell ichael Beasley (SEAL) (SEAL) L) -f (SEAL) HaJ61 F. Camp ell Bradsha individual' Wanda D. CaMpbe 1 M. � �j/NORTH CAROLINA, .__F13ySeL�COUNTY yN• rrl�"'jgTan 1 S M -n*f A a Notary Public of the county and State aforesaid,certify that%W F 11 0ally aPf me this day and acknoMAeeddQQed the execution of tits foragoing instrument. "e.18 :V41ifnSss my hand and official damp or seal,this the day of 20 j0 U B�- G °i�'tzblrsrtiselon Expires: j2j20j2W-A (/ tiq`. �? NotaryP ,t 110\0 NORTH CAROLINA, �_ COUNTY I 1 /14W �u .a Notary Public of the County State eforesstid,conIfy that Cpresene pereonasNy appeared before me this day and being IY Mom,stated that,in his W roes$my h n a I 'al stamp or seat,this the daay�signed t foregoing instrument. i My Commission Expires: Notary Public NORTH CAROLINA, COUNTY a Notary Public of the County and State afore I d oerliy that Personally came before me Oft day and eckrimoedged that he/she is Secretary of f a Corporation,and that by authority duly given and_ c the act of the Corporation,the foregoing instrument was signed in Its name by as_President, sealed WI h Its corporate seal, and attested by as its wInM my hand and of iiciaal sttxnp or Mai,this the day of Secretary. .20 i My Commission Expires: Notary Public The foregoing Certificates)of_ State of North Carolina,Haywood County Were certified to be correct. This i The Foregoing Certificate(s)of JARILYN M TUTTLE/NP 20 is(are)Certified to be Correct. This Instrument was filed for Registration on this 1 Day of March,2003 in the Book an a sh wn th 'r t P ge ereof. BY: Amy R.Murray By: Secondary Road Right of Way-Staked Page 2 of 2 Rev.May 2002 Copy IZ !"' ''FOR QUALITY DUE To POOR Co)vz, i THE Ur66-ii`41AL