HomeMy WebLinkAboutInvalid Application 92-10 Modification - failture to notify owners of record-Umstead Coalition Commients (partial 2)docxThe Umstead Coalition
me P.O. Box 10654
umstead Raleigh, NC 27605-0654
Coalition (919) 852-2268
httpJlumsteadcoalition.org facebook.com/umsteadcoalition meetup.com/umsteadcoalition
B. W. Wells Association
New Hope Audubon Society
NC Native Plant Society
Capital Group Sierra Club
Neuse Riverkeeper Foundation
Orange -Chatham Group Sierra Club
Eno River Association
NC Herpetological Society
Raleigh Ski and Outing Club, Inc.
Friends of State Parks
NC League Conservation Voters Foundation
Rockingham Naturalist's Club
Headwaters Group Sierra Club
NC Wildlife Federation
Friends of Jockey's Ridge
Wake Audubon Society
May 7, 2020
Mr. Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
N.C. Department of Environmental Quality
1612 Mail Service Center
Raleigh, N.C. 27699-1612
Subject: The submitted NC Mining Permit Application — 92-10 Modification to expand permitted area —
Invalid Application — failure to meet NC G.S. 74-50 (bl) and (b2)
Mr. Wrenn:
The applicant, Wake Stone Corporation, failed to meet the requirements of a valid Permit Modification
Application under NC G.S. 74-50 (bl) and (b2). Wake Stone Corporation has FAILED to identify and
notify all of the "owners of record of land adjoining." The applicant has also failed to list all the owners of
the land for the proposed new permitted area. Further, the Applicant did not obtain the required signatures
from the property owners.
The landowners for the Odd Fellows Tract are City of Raleigh, City of Durham, County of Wake, and
County of Durham. The "Adjoining Landowners" are also the City of Raleigh, City of Durham, County of
Wake, and County of Durham. The Mining Permit Modification is NOT a valid Application and should not
be considered because:
1. The "Landowners" (City of Raleigh, City of Durham, County of Wake, and County of Durham) are
required to sign the Mining Application — and they did NOT,
2. The "Adjoining landowners" are required to receive a notification from Wake Stone Corporation as per
G.S. 75-50 (132): "The notice shall inform the owners of record and chief administrative officers of the
opportunity to submit written comments to the Department regarding the proposed mining operation and
the opportunity to request a public hearing regarding the proposed mining operation. Requests for public
hearing shall be made within 30 days of issuance of the notice." Of the four "Adjoining Landowners,"
Wake County was the only landowner that received this required notification. The City of Raleigh, City of
Durham and the County of Durham did NOT receive this required notification.
V The Umstead Coalition v
Dedicated to preserving the natural integrity of W.B. Umstead State Park and the Richland Creek Corridor
Therefore, the Application as submitted on April 8, 2020 did NOT meet the landowner signature
requirement of the Application, nor the notification requirements under the law. The Application must be
denied or withdrawn due to non-compliance under these sections of the law.
Title to the Odd Fellows Tract Property is vested in the City of Raleigh, City of Durham, County of Wake,
and County of Durham, per the deeds recorded in the Wake County Register of Deeds in Deed Book 2416,
page 433; Deed Book 2489, page 689; and Deed Book 2070, page 69. (Deeds showing the deeded owners
of these tracts that make up the "Odd Fellows Tract" are attached).
Similarly, the deeded owners of the "adjoining landowners" on the other side of Old Reedy Creek Road are
the City of Raleigh, City of Durham, County of Wake, and County of Durham. Various Deeds exist for
adjoining and nearby landowners, including, for example Deed Book/Page 2237 154 (Pullen), Book/Page
2054 313 (Blandard), and Joyner Book/Page 3295 0080 which are attached.
Furthermore, per the Enabling Legislation, and its Amendments (e.g., Charter) for the Raleigh -Durham
Airport Authority (RDUAA), the City of Raleigh, City of Durham, County of Wake, and County of Durham
are the "Owning Municipalities" (HB476 in 1939, SB253 in 1941, BH1I I in 1945, HB1807 in 1955,
HB644 in 1957, HB878 in 1959, HB888 in 1967, SB410 in 1971, HB680 in 1973, SB30 in 1977, SB737 in
1979, and BH1537 in 1982). Concurringly, the RDUAA staff uses terms like "Government Owners" and
"Owning Governments" when describing the owners of the airport property at the RDUAA Board meetings.
It is true that we have an on -going legal dispute regarding the authority of the RDUAA to sign the "Mineral
Lease" with Wake Stone Corporation without the municipal owners' approval. And, it should be noted that
RDUAA did not pretend to be the "landowner" when signing the "Mineral Lease." Most importantly, that
dispute is an entirely different issue. What is the issue here is the "Landowner" and "Adjoining
Landowner" requirements under the Mining Act of 1971.
As acknowledged by the judge in his legal Order in November, 2019, there is NO dispute about WHO are
the OWNERS of the land. All agree, the owners are the City of Raleigh, City of Durham, County of Wake,
and County of Durham. The Mining Permit Application requires the LANDOWNER(s) to sign.
In addition, the Mining Act of 1971 requires ALL adjoining landowners to be notified and given the
opportunity to make written comments and request a public hearing.
The Application fails to meet either of these requirements per G.S 75-50 (aka Mining Act of 1971, text
below).
The submitted Application is invalid and not acceptable without the signatures of all the property
"Landowners" of the City of Raleigh, City of Durham, County of Wake, and County of Durham and without
the required Notification to all the "Adjoining Landowners" which are the City of Raleigh, City of Durham,
County of Wake, and County of Durham.
VThe Umstead Coalition v
Dedicated to preserving the natural integrity of W.B. Umstead State Park and the Richland Creek Corridor
The following is the G.S. text referenced above (also referred to as the "Mining Act of 1971"; entire Mining
Act as downloaded from DEQ-Mining web site at: htlps:Hdeq.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-permits/mining-prog am):
§ 74-50. Permits - General.
(a) No operator shall engage in mining without having first obtained from the Department an operating
permit that covers the affected land and that has not been terminated, revoked, suspended for the period in
question, or otherwise become invalid. An operating permit may be modified from time to time to include
land neighboring the affected land, in accordance with procedures set forth in G.S. 74-52. A separate permit
shall be required for each mining operation that is not on land neighboring a mining operation for which the
operator has a valid permit.
(b) As used in subsection (bl) of this section:
(1) "Land adjoining" means any parcel or tract of land that is not owned in whole or in part by, or that is
not under the control of, the applicant or operator or any lessor, affiliate, parent, or subsidiary of the applicant
or operator and that is contiguous to either: (i) any parcel or tract that includes the permitted area or (ii) any
parcels or tracts of land that are owned in whole or in part by or under the control of the applicant or operator
or any lessor, affiliate, parent, or subsidiary of the applicant or operator and that, taken together, are contiguous
to the permitted area.
(2) "Permit boundaries" means the boundaries of a permitted area.
(3) "Permitted area" means affected land and all other land used for or designated as buffers or reserves,
or used for other purposes, as delineated in a mining permit or an application for a mining permit.
(b 1) At the time of an application for anew mining permit or for a modification of a mining permit to add
land to the permitted area, the applicant or operator shall make a reasonable effort, satisfactory to the
Department, to notify:
(1) The chief administrative officer of each county and municipality in which any part of the permitted
area is located.
(2) The owners of record of land adjoining that lies within 1,000 feet of the permit boundaries.
(3) The owners of record of land that lies directly across and is contiguous to any highway; creek, stream,
river, or other watercourse; railroad track; or utility or other public right-of-way and that lies within 1,000 feet
of the permit boundaries. For purposes of this subdivision, "highway" means a highway, as defined in G.S. 20-
4.01(13) that has four lanes of travel or less and that has not been designated a part of the Interstate Highway
System.
(b2) The notice shall inform the owners of record and chief administrative officers of the opportunity to
submit written comments to the Department regarding the proposed mining operation and the opportunity to
request a public hearing regarding the proposed mining operation. Requests for public hearing shall be made
within 30 days of issuance of the notice.
Dr. Jean Spooner
Chair
The Umstead Coalition
CC
The Honorable Governor Roy Cooper
Mike Regan, Secretary, NC Department of Environmental Quality (NC DEQ)
Susi H Hamilton, Secretary, NC Department Natural and Cultural Resources (NC NCR)
Bill Lane, General Counsel, NC DEQ
V The Umstead Coalition v
Dedicated to preserving the natural integrity of W.B. Umstead State Park and the Richland Creek Corridor
Robin Tatum, City Attorney, City of Raleigh
Scott W. Warren, County Attorney, Wake County
Lowell L. Siler, County Attorney, Durham County
Kimberly Rehberg, City Attorney, City of Durham
Robert E. Johnson, Public Information Officer, Division of Energy, Mineral, & Land Resources, NC DEQ
Sheila C. Holman, Assistant Secretary for the Environment, NC DEQ
Reid Wilson, Chief Deputy Secretary, NC Department Natural and Cultural Resources (NC NCR)
Dwayne Patterson, Director, NC Division of Parks and Recreation, NC NCR
Brian Strong, Deputy Director, Planning and Natural Resources, NC Div. of Parks and Recreation, NC NCR
Honorable NC Senator Wiley Nickel
Honorable NC Representative Cynthia Ball
Honorable NC Representative Joe John
Greg Ford, Chair, Wake County Commissioners and Wake County Commissioners
Wendy Jacabs, Chair, Durham County Commissioners and Durham County Commissioners
Mary -Ann Baldwin, Mayor, City of Raleigh and Raleigh City Council Members
Steve Schewel, Mayor, City of Durham and Durham City Council Members
Kym Hunter, Attorney, Southern Environmental Law Center (SELC)
Cassie Gavin, Attorney, N.C. Sierra Club
Dustin Chicurel-Bayard, N.C. Sierra Club
VThe Umstead Coalition v
Dedicated to preserving the natural integrity of W.B. Umstead State Park and the Richland Creek Corridor
I.
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STATE OF -NORTH CAROLINA aorilL2416 pa433
COUNTY OF HAKE
THIS DEED made this % day of July, 1976, by Sir Walter
Lodge No. 411 Independent Order of Odd Fellows, Incorporated,
Grantor of Make County, North Carolina, to the CITY OF RALEIGH,
the CITY OF DURHAM, the COUNTY OF SUM and the COUNTY OF DURHAM,
Grantees; •
W I T N E S S E T H:
That the Grantor, in consideration of Ten Dollars and
other valuable consideration to it paid by the Grantees, the
receipt of which is hereby acknowledged, has bargained and
sold, and by these presents does grant, bargain, sell and convey
unto the Grantees, their successors and assigns, the parcel
of land in Cedar Fork Township, Wake County, Hurt}_ Carolina,
more particularly described as follows:
BEG320ING at a point in the center of Crabtree Creek,
a common corner in said creek with Max Collins, said
beginning point being witnessed by an iron pipe on the
southern bank of said creek, runs thence north 00 degrees
12 minutes 31 seconds east 1010.87 feet with the Collins
... line to an iron pipe; runs thence north 68 degrees 27
minutes 6 seconds west 494 feet to an iron pipe in the
E H 111 '%- i center line of N.C. S. R. 1650 (Reedy Creek Road) ; runs
a>K C) I tbence with the center line of said road -north 46 degrees
u3o 29 minutes 10 seconds east 102.75 feet to -tn iron stake;
4,?;, ao runs thence south 68 degrees 27 minutes 06 seconds east
' co 414.31 feet to an iron stake; runs thence north 00 degrees
u 12 minutes 31 seconds east 200 feet to an iron stake,
J. D. King estates southwest corner; runs thence with
the J. D. Ring estate south line south 86 degrees 59
``•j` minutes 36 seconds east 419.39 feet to an iron stake;
-� runs thence ;north 00 degrees 09 minutes 10 seconds east
Q 211.27 feet to an iron stake in the line of William B.
=Z Umstead State Park; runs thence with the line of the state
� park south 87 degrees 46 minutes 52 seconds east 1930_24
. feet to an iron stake on the western bank of Crabtree
a. 4 Creek, said stake witnessing a property line in the center
of said creek; runs thence with the center line of Crabtree
Creek to the beginning, said line being witnessed by a
r•° ' survey line with the following courses and distances,
Ail south 15 degrees 1 minute 33 seconds west 95.64 feet,
"* south 25 degrees 48 minutes 37 seconds east 121.35 feet,
south 47 degrees 47 minutes 37 seconds east 155.69 feet;
south 72 degrees 07 minutes 37 seconds east 100.71 feet,
south 37 degrees 00 minutes 37 seconds east 183.67 feet,
south 55 degrees 53 minutes 37 seconds east 94.42 feet,
south 53 degrees 04 minutes 37 seconds east 157.87 feet,
south 52 degrees 26 minutes 31 seconds west 185.13 feet,
south 72 degrees 55 minutes 02 seconds west 80.89 feet,
south 72 degrees 18 minutes 58 seconds west 80 A2 feet,
north 40 degrees 3 minutes 23 sei-wids wL-�i 217.97 iet�_,-
north 74 degrees 09 minutes 23 seconds west 96.12 feet,'
south 86 degrees 24 minutes 58 seconds west 127.40 feet
to an elm on the south bank of Crabtree Creek with corner
chops, south 51. degrees 48 minutes 26 seconds west 174.02
e,
w2416 pa434
feet, south 43 degrees 13 minutes 32 seconds nest 163.02
feet, south 55 degrees 17 minutes 32 seconds west 143.71
feet, south 69 degrees 49 minutes 32 seconds nest 297.36
feet, south 58 degrees 20 minutes 32 seconds west 107.82
feet, south 04 degrees 36 minutes 17 seconds vest 180.65
feet, south 41 degrees 49 minut" 58 seconds east 165.40
`feet, south 68 degrees 52 minutes 58 seconds east 78.94
feet, south 09 degrees 42 minutes 32 seconds west 153.81
feet, south 24 degrees 14 minutes 13 seconds east 176.04
feet, south 26 degrees 49 minutes 02 seconds west 237.05
feet, south 62 degrees 31 minutes 17 seconds west 436.97
feet, north 50 degrees 31 minutes 13 seconds west 186.48
feet, north 88 degrees 30 minutes 13 seconds west 301.32
feet, north 64 degrees 23 minutes 28 seconds west 200.14
feet, north 46 degrees 26 minutes 28 seconds west 154.22
feet, north 63 degrees 25 minutes 28 seconds west 266.55
feet, north 49 degrees 07 minutes 28 seconds west 335.50
feet to an iron stake, the point and place of BEGINNING,
containing by measurement 83.79242 acres subject to the
right of way of N.C.S.R. 1650, as shown on survey prepared
by John S. Lawrence, Registered Surveyor, dated December
20, 1974 and revised January 21, 1975.
This is the same property conveyed to the grantor herein by
Capital Development Compafly by deed dated August 27, 1958 and
recorded September 25, 1958 in Book 1332, Page 385, Wake County
Registry together with the property conveyed to the Grantor
herein by Max Collins, Sr. and wife, Gladys McDaniel Collins
by deed dated October 8, 1958 and recorded October 9, 1958 in
Book 1337, Page 100, Wake County Registry..
And the Grantor, for itself, its successors and assigns
Covenants with the Gra:.t23s, their successors. and ..a$sions- that .
it is seized of said premises in fee and has the right to convey
the same in fee simple; that the same are free from encumbrances
except as herein set forth; and that it will warrant and de-
-fend the said title to the same against the claims of all per-
sons whomsoever.
IN TESTIMONY WHEREOF, the said Grantor has caused this in-
strument to be signed in its corporate name by its.11oble Grand
(President), its corporate seal hereunto affixed and attested
by its Secretary, by authority duly given by the Lodge assembled,
this the day and year first above written.
SIR WALTER LODGE NO.
411
I2IDEPENDE11T_DRDER OF
ODD FELLOWS, INCORPORATED
By: :1 ;i ce.
No ran Presi
en
ATTEST:
ecretary
(CORPORA
n
1
1
w2416 Pa435
STATE OF NORTH CAROLINA
COUNTY OF WAKE
This is to certify that on the day of July, 19769
before me personally came Lynwood R. Stevens, Assistant secretary,
with whom I am personally acquainted, who, being by we duly sworn,
says that James E. Howard is the Noble Grand/President and that
Lyiewood R. Stevens is the Assistant Secretary of Sir Walter
Lodge No. 411'Independent order of odd Fellows, Incorporated,
the corporation described in and which executed the foregoing
instrument; that he knows the common seal of said corporation;
_ that the seal affixed to the foregoing instrument is said common
seal, and the name of the corporation was subscribed thereto by
the said Noble. Grand/President, and that the said Noble Grand/
President and Assistant secretary subscribed their names thereto,
and said ccwaon seal was affixed, all.by authority duly given
and that the said instrument is the act and deed of said corporation.'
Witness my hand and official seal this the �%'� day of July.
1976.
tary is
Commission Expires:
NORTH CAROUNA—WAKE O0t Tj U.a
16 7
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wwW is is ic IW* IM -"no wad for e1r�-BkM1�k1w'�wi �rM i� dW
r
p, ilE, 30., Re .w of Dwds
~ ^ urr w904418A or D[LO,
9v
r
SATE Of RPM Estate
Y NQR H .Excise Tax
p( u
#� APR -ITT 3 5. 5 0 =
AIL 10129
0
Excise Tax
sc24$9 &%
Time. Book and P
Tax Lot No. 402-5 Parcel Identifier No. 0014161
Verified by County on the day of , 19
by
Mail after recording to "PuIL�.�G��.� � . k�AfgMacA s?0.304 g4.4 er4 A N-c
This instrument was prepared by _ Purrington._Hatch & McNaluar-8
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this day of March, 1977, by and between
GRANTOR
MX COLLINS, JR. and wife,
MELBA W. COLLINS
FREDERICK McDANIEL COLLINS, divorced
RUFFIN B. HOLDER and wife,
EDNABEL C. HOLDER
GRANTEE
COUNTY OF WAKE
COUNTY OF DURF.AM
CITY OF RALEIGH
CITY OF DURHAM
c/o Raleigh -Durham Airport
P.O. Sox 27284
Raleigh, N. C. 27611
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by contest.
WITNS.SSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt
of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey
unto the Grantee in fee simple, all that certain lot or -parcel of land situated in Cedar Fork
Township, Wake County, North Carolina and more particularly described as follows:
BEGINNING at a new iron pipe in the center line of N.C.S.R. #1650, the southwest corner in said
road of tract belonging to Sir Walter Lodge, Independent Order of Odd Fellows (now owned by the
Grantees), runs thence south 68 degrees 27 minutes 6 seconds East 64 feet to an iron pipe;
thence continuing South 68 degrees 27 minutes 6 seconds East 430 feet to an iron pipe; thence
South 00 deg.12 min.31 sec. West 1,010.87 feet to an old iron pipe on the South side of said
creek.; thence North 83 degrees 28 minutes 58 seconds West 276.80 feet to a new iron pipe;
thence North 74 degrees 15 minutes 58 seconds West 174.61 feet to a new iron pipe on the South
side of Crabtree Creek; thence North 53 degrees 7 minutes 58 seconds West 77.48 feet to
monument #7204; thence XvrL l u degrees 59 minutes 18 seconds cast 240.36 feet to a new iron
pipe; thence the same course 291.87 feet to a new iron pipe; thence the same course 156.35
feet to monument #7203; thence North 54 degrees 21 minutes 0 seconds West 182.60 feet to
monument #7202; thence the same course 38.65 feet to a new iron pipe; thence the same course
21.19 feet to a nail and cap in the center of N.C.S.R. #1650; thence North 44 degrees 45
minutes 10 seconds East along the center of said road 333.51 feet to a new iron pipe, the
point and place of BEGINNING, excepting, however, all of the above mentioned description
South of the center line of Crabtree Creek, a part of the third and sixth calls and all
of the fourth and fifth calls being survey lines outside of the perimeter of the tracts
conveyed. Containing 12.52254 acres.
-- - -Page 2-
. 80042489 PAGE690
The property hereinabove described was acquired by Grantor by instrument recorded in
A map showing the above described property is recorded in Plat Soak page,.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,
has the right to convey the same in fee simple, that title is marketable and free and clear of
all encumbrances, and that. Grantor 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:
Taxes for the year 1977
Right of way of N.C.S.R. #1650.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate,
has caused this instrument to be signed in its corporate name by its duly authorized officers
and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first
above written. /�
{ l
(Corporate Name)
By
President
ATTEST:
Secretary (Corporate Seal)
(SEAT.)
Max C line, Jr.
• (SBAi.)
Me a W. Col the
Frederick McDaniel Collins
• (ssr+s.3
uff B. �Holder
_(SF
Ednabel C. Holder
SEAL: STAMP NORTH CAROLINA, COUNTY OF Wa
a.Notary Public of the County
ry ' and State afo said, certify that 44,i •�, l`-s .c+ ,
-personally came before me this day and acknowledged the execution of the
S - foregoing instrument. Witness my hand and official stamp or seal, this
day of - (� lLA. - , 1977.
My commission expires: 3-.25/-$( �.► - � .c �, ✓ Notary Public
SEA.-STAMMP
NORTH CAROLINA, COUM OF Wake
G _toe _ _ _ : a Notary Public of the County
and State aforesaid._ certiLfy that Mr, r Cnli..vs wia .A N4 r,.Ji 4_
f i!'_(h& C6//i,vs , Grantor, personally appeared before me this
day and acknowledged the execution of the foregoing instrument. Witness my
hand and official stamp or seal, this .-A f sS day of Aa-A-cl .1977.
My commission expires: /1 "- 6, f r SO
Public
SEAT. --STAMP. NORTH CAROLINA, COUNTY OF Wake
a Notary Public of the County
F and State aforesaid, "c��tify that Fd,fabA I C. -$(n(&ee_ anA-hks�xzr�ci,
Grantor, personally appeared before me this
-day and acknowledged the execution of the foregoing instrument. Witness my
's hand and official stamp or seal, this __31 - I day of d e e.�, , 1977.
} �''" ' '��• _3-'My commission expires: �pY- !v,)190 rNatary Public �
.'
NORTH CAROLINA—WAKE COUWrY ,
ftra'oeay q In of
ketufri(1ts) rvbdt is
4m) c" iriod to 6t vrro 7bit iueN M 1"WAta1� for reworaff" and roeordtd to d&
ofike In boek , rp �g , 9
►6cti_ L- oar .F ilLL, at �°2G J k L5 J
R. S. MtKENZEE, JR., R*W,rtr of Duds
ROAM It Rr 'V O[►ur� LA or or[Oa - --
BKd' 2070PG00069
Thin d.ad drawn by ......._... - Purrington & Purrington 2070 PACE 69
} BOOK
j NORTH CAROIINA—Wako County.
THIS DIED. mad. this _--1st --- day d —May, 1972
—"— Charles B.- Sarhe and wife; Ada -Baines-`--'— -- ---
T.—_City of Ral_cighF City of Durham, County of Wake and --County_of_Durham_-__
Wake County, North Carolina, Wit.«uth: That the Granters, In consideration of Ton Dollars and other valuable cendd.ratlen to them paid by the Oretrtees, the
receipt of which Is hereby acknowledged, have bargained and said, and by thew presents de grant, bargain, all and convoy onto the Onelees, their hobs,
I er weceners. and **signs,the ►parcel(s)e} lend In Wake County, North Caroling Cedar Fork In _
( wad. others, and room porticuisrly described so follows:
Tract 1: Pracel A, according to a map and survey of "Property of
Raleigh -Durham Airport" made by John S. Lawrence, Registered Sur-
veyor, dated April 14, 1972 and registered in Book of Maps 1972,
Vol. I, Page 115, office of the Register of Deeds for Wake County,
North Carolina, reference to which is hereby made for a complete
description of the property conveyed.
Tract 2: Parcel B according to a map and survey of "Property of
I Raleigh -Durham Airport" made by John S. Lawrence, Registered Sur—
veyor, dated April 14,'1972 and registered in Book of Maps 1972,
Vol. I, Page 115, office of the Register of Deeds for Wake County,
North Carolina, reference to which is hereby made for a complete
description of the property conveyed.
Tract 3: All right, title and interest, if any, remaining in the
parties of the first part in the tract of land formerly belonging
to the parties of the first part and now occupied by Highway I-40
and separating Tract A and Tract B herein conveyed.
The above conveyed Tracts A and B and the area occupied by I-40
are the same lands conveyed to the parties of the first part by
deed from Max Collins and wife dated the 4th day of April, 1952
and registered in Book 1096, Page 154, office of the Register of
Deeds for Wake County.
Subject to the right of way of highways adjoining the said des-
cribed tracts of land and to the taxes for the year 1972.
o STATE OF a Real Estate =
x� o NQ(]pLINA:Excise Tax
3o an PR
� v G NATII'Tt 1o723 0. 5 U —
P.7.) _
TFh Property resTenr .._.. remrd*d in Eeek ...._ _ Page ,. Wake Comply Reghtry.
TO HAVE AND TO HOLD the aforesaid parcol(s) of land and all privileges and appurtenances thnounte belonging to the mid Grantoes, their heirs, or seccossors,
and &$signs forever.
And the mid-___-.._Char.le.s_B `Barnes and wife, Ada Barnes
Ommer(s), ter themselves, their heirs, executers and administrator,, covenant with the Grantees, their heirs, of successors, and *ssigrts that they am mixed of
mid promises In fee and have the right to cenvej the some In too simple; that eM samewPam from encumbrancesexceptashereinset loath; Ind that they
win warrant and defend the said title to the some against the claim, of all persons whomsoever.
The plural number as scud herein shall equally Include the singular. The masculine or feminine gender as used herein shall equally lectude IM esoeer.
M TESTIMONY WHEREOF, tin* said Omnters have berevots so their hands and tool, the day and year first above written.
•.,, L - PG.� ) .�L_c,f"--•----.__-.-_aEAu--�✓c`-�''--,/.1�.C-.ca �—=----hEAu
(1ETyypp..L ........ Charles B. Barnes Ada Barnes
•l.rdA sixth^, -.
r
:elg�ksere►.
..��+--- .-_--- ---------
_._ ....._(SEAL) _.._.__ --- (SEAL)
a.
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s� ' NORTH CAROUNA—�Wake County. (II
Ice lodgment not fake In Wake County, N. C., Sher county and see ahem bbn)
{c
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S
r 7 1, (.�'C.<C`' •� 1_C1.,'f -.-_ ..-_—_ __ a Notary ►ublk, de hereby mrlify that
e
•.0 •' •` _ _ B_. Barnes
. and his wife,
E'
y� Y
w
_.._Charles--- .
�� .0 �1� •escln personally appeared before me this day and acknowledged the also eacwt en d Me foregoing deed of me.eyance
6r, May 72 cutnmlwlen *up
ine's he'd Mh day Y 11..
W my and nebdal seal,
.. -- .... y o) .. _. __�_., _. If
y+_ -
_
•' ''>A NOTARIAL SEAL HERE
'
•.
($&$I meet be Impressed sufficiently
n/y
.
ter Notary's name a be readable)
---_--_
_............... 7- _—____._ Notary P"C
MONTH CAROIINA—WAKE COUNTY
lho foregoing es"Iffeste ........ of
___ Netarlyines) Public Is
(on) terrified to be correct. //This Instrument Xw sensed for rpbtmgon and recorded In this
19 ( -. #�/n& 'efock ._ ..M.
�J J A. ROIND, Kell Dash.
. ` Deputy *older of Dgeh
form No. 1-1.5e they. 3-34-Copyright 1954 by Wake County bat Assocletlon-Glover Printing, Im., Raleigh, N. C.
rP.�.dWs.erneaYrM�a'+Wa ties sn n rwiLi I rr pr+.woorrmmre.rrr.
9
k1Ak� Ccv•►�r , a� �'.�. S �6Fs
STATE OF NORTH CAROLINA
COUNTY OF WAKE
THIS DEED made this I day of aVA-kA , 1974, by
HOWARD B. PULLEN, JR. and wife, BERNETTA H. PULLEN, Grantors i
of Wake County, North Carolina, to the CITY OF RALEIGH, the 1
CITY OF DURHAM, the COUNTY OF WAKE and the COUNTY OF DURHAM, l
Granteesl
I
W I T N E S S E T H:
That the Grantors, in consideration of Ten Dollars and other
valuable consideration to them paid by the Grantees, the receipt
of which is hereby acknowledged, have bargained and sold, and
by these presents do grant, bargain, .sell and convey unto the,'.'.
Grantees,.their successors and assigns, the parcel of land in
Wake County; North Carolina „Cedar Fork Township, and more s
particularly described as follows:
BEGINNING at a l.ightwood knot and iron stake marking rM
the northeastern corner of Tract No. l of. the C. L.
ram:
Duke Farm as the same ii shown on a map recorded in a:
Book of Maps 1911 at page 75, Wake County Registry,
said beginning point being the northeastern corner of
Block C of the W. W. Edwards Property according to .
map recorded in Book of '.Maps 1960, page 205, Wake
County Registry; and runs thence South 5 deg. west
2,140 feet to a stake marking the intersection of the
' center line of the Reedy .Creek Public Road and the'`,
northern line of an unnamed Street; runs thence along
the northern lire of said unnamed street North 84 deg.
west 210.5 feet to a stake; runs thence south 5 deg..,_
west 10 feet; runs thence north 84 deg. west 150.5 t
feet to a stake; runs thence north 5 deg. east 2,150
feet to a stake in -the southern line of a State Park;
runs thence along said southern line south 84 deg,. Y
east- 361 feet to the point of beginning, and being all
of Block A, the greater' portion of Block B, all of,
Block C and all of Tract ' No.. ,l � and Tract No. 2 of
the property of W. W.' Edwards as the same are shown E,
E on a map of said property recorded.in'Book of Maps 1960, i
page 205, Wake County Registry. `>
Excepting therefrom that certain parcel conveyed by Howard B.
Pullen, Jr. and wife, Bernet]a H. Pullen, to Allen M. Beals,'
,J _C
-Jr. and wife, Betsy J. Beals,.by deed dated June 16, 1971 and
recorded in Book 1996, page 609, Wake County Registry,. as y.
corrected by Deed of Correction recorded in Book 2006, page
237,.Wake County Registry, and more particularly described as
_
follows s
t�►i� gel. FAah"
w�*�A xcs5e �sx ,
`r3
_2_ 800f-2237 aa155
BEGINNING at a point in the right of way of Reedy
Creek Road, said point being located North 04 degrees
50 minutes East 60 feet from the southeastern corner
of the tract of land conveyed to Howard B. Pullen and
wife by deed dated October 28, 1960,,and recorded in
Book 1437, page 668, Wake County Registry; runs thence
through the right of way;iof said road North 84 degrees
00 minutes West 41.8 feet to a pipe in the western line
of said road; runs thence along a new line through the
property of Howard B. Pullen North 84 degrees 00 minutes
West 265,7 feet to a nev,iron pipe; runs thence along
another new line through;`the property of Howard B.
Pullen North 05 degrees 00 minutes East 303 feet to a
new iron pipe; runs therYce along another new line through
the property of Howard It, Pullen South 84 degrees 00
minutes East 3080'15 feet to a new iron pipe in the;
western line of the property;belonging to the Stat of
North Carolina; runs thence along said property''
and through the'right of'way.of Reedy Creek Road, .long
the eastern line bf the original tract conveyed to;`
Howard B. Pullen, South 04 degrees 50 minutes West`'303
feet to the point of beginning,.and containing 2.14
acres, more or less, -according to a survey -made by',E.•O.
Floyd, P.E., dated May.l, 1971.
This property was conveyed. -to Grantors by deed dated
October 28, 1960, recorded in Book 1437, page 668, Wake County
Registry. i
And the Grantors, for themselves, their heirs, executors
and' administrators covenant wi-th the Grantees, their successors
and assigns that they are seized of said premises in fed:�nd
have the right to convey-thesame in fee simple; that Ile same
are free from encumbrances except. as. herein •set_forth; end
.that they will warrant and defend the said title to th.same
against the claims of all persons whomsoever.
IN TESTIMONY WHEREOF, ,the said. Grantors have hereunto set
their'hands and seals the day and,year first above'written.
ASEAL}
Hawapd B. Pullen,. . Jr,-
.. j+ SEAL
ernetta H.'Pullen
or, !
moKZ237 Fx 5a
-3-
STATE OF NORTH CAROLINA i
COUNTY OF WAKE
z,
it C- e.
a Notary. Public, }+
do hereby certify that Howard.8. Pulien,_Jr. and wife, Bernetta H.
Pullen, Grantors each personally appeared before me this day
and acknowledged the due execution of the foregoing deed of
r
conveyance. R
WITNESS my hand and notarial seal this. a .-`day of
1974_
Notary c•'
My commission expires:
f `QNoTARVon I
y
y
81+nuu►
i NORTH CAROLINA—WARE COUNTY
fm foes 1 eerli koft
aAMIrJ~N i tie :"Io-soiM, Mi Nl4vai Y Ab
I�NiN M •--'
is �' Mer4lee � Me -�„� '1!•i
.. .a�1,�s,..-x ._._"--_ * _. •..�a.f•s.a.w!o.r .. ....�p...es,•,,. ., .. ,..nre., .ur�p`. -. .. ._-..
BKO02054PGO0313
This deed drawn by .......Purrington & _Pu
BOOR
NORTH CAROIINA—Wake County.
THIS DEED, made fhls ._ i�,.. - day sf by ... Eernar.L�._H.._M.l,an.c.hard... and
.Charles F...._Slanchar-d,---_her-,-hu,sb.ai d-; Geraldine-lM_..- Carney --and_ Charles-_B_.._Carney,
her__..husband....... _.... .... ....... ._...--.------......._....------...............__.._....
the_.C.ity....of. -R,,
_... County. of_._Durham.....................
Wake County, North Carolina; Witnestoth: That the Grantors, In consideration of Ten Dollars and other valuable considerations to them paid by the Grantees, the
receipt of which Is horeby acknowledged, have bargained and sold, and by these presents do grant, bargain, sell and convey onto the Grantees, their heirs,
er successors, and assigns, she psreol(s) of tend in Wake County, North Carolina, In — Cedar,Fork ? r
adjoining
{sshe lands of _......................._...._
gpr aC t aged. meta particularly described as followas
BEGINNING at a concrete right of=way marker in the west line of S.R. 1650
and the south line of -Bernard S. Hanula, and runs thence south 41 deg. 23
min. 34 sec. -west along the western right of way line of said road 172.91
feet; thence continuing in a southwestern direction along.said right of way
line along a curve to the left with a radius of 1477:39 feet (the chord of
which is south 35 deg.-23 min. 34 sec.•west' 308,86 feet)to a concrete
right of way marker at the intersection of I-40 and said S.R. 1650; thence
along the north lineof I-40 north 70 deg. 16 min. 27 sec. west 386.88 feet
to a concrete right of way marker;, thence north 56 deg. 20 min. 26 sec.
west along said highway I-40 338!.45 feet to the center of Haley's Branch;
thence in a northern direction along the center of Haley's Branch to a
point in'said branch marked by'an existing iron on the east side of said
branch, said iron being north 4 deg. 38 min. 7 sec, east 110.66 feet from
the intersection of said I-40 right of way and Haley's Branci; thence
south 87 deg. 8 min, 20 sec, east 930.58 feet to the point bf.Beginning;
being Tract 1 of a map entitled "Property of Raleigh-Durham'Airport"
registered in Book of Maps 1972, 'Vol. I, page 11, office of the Register
of Deeds for Wake County, containing 5.335 acres.
Tract 2:
BEGINNING at a concrete right of way marker located at the intersection
of the eastern right of way lineiof S. R. 1650 and the north right of way
line of I-40, runs thence along the eastern right of way line of S. R.
1650 north 32 deg. 3 min. 38'sec, east 135.93 feet to a point where the
eastern right of way line o£.S. R _1650 as now located intersects the
original center line of said'road; runs thence south 00 deg. 54 min. 34
sed.~west.along the origina] center line'of S. R. 1650, 170.57 feet to a
concrete right of way marker; runs thence north 42 deg. 33 min. 48 sec.
west along the north right of way line of I-40 98.28 feet to the Beginning;
being Tract 2 according to said map abovementioned; and,containing :146
acres. ,
Tract 3:
All right, title and interest of,the parties of the first part in the
right of way of S. R. 1650 described as follows: BEGINNING at a concrete
right of way marker located on the'west side of S..R. 1650 and the southeast
corner of the Bernard S. Handla property; runs thence south 87 deg. 8 min.
20 sec, east 57.53 feet to a,point,rthe center line of S. R. 1650; runs
thence along the center line,of S.R. 1650 south 41 deg. 23 min. 34 sec, east
208.75 feet; thence along a curve to the left, the radius of which is 260.44
feet, to the northern corner,of Tract 2; runs thence south 31'deg. 3 min.
38 sec. west along the western liner of Tract 2, 135A3 feet to a concrete
monument.in the north right of way line of I-40; thence north 60 deg. 36
min. 26 Sec, west 90 feet along the,north line of I-40; thence in a northern
direction along the right, of way,lihe of S. R. 1650 and east line of Tract
1 a`curve' to the right with an arc of 309.42 feet and'a chord of north 35
deg. 23 Min. 34 sec —east, 308.86 feet to a point; -thence north 41 deg. 23
min. 34 sec, east 172.91 feet to the point of Beginning; being a -tract in.
the right of way of S. R. 1650 according to the map above referred to:
SUBJECT, however, to ad valorem taxes for the year 1972.
This property will conveyed to Granters by dead dated .................... T_,_ -----._•____ recorded in Book .n..._._..____ page --- __._. Wake County Registry.
TO HAVE AND To HOLD the aforesaid parcel(s) of land end all privileges and appurtenances therounto belonging to the said Grantees, their heirs, or suecesaers,
end assigns forever. 5r, n
And the seta ,_ TV B- Blanchard and •husband ChaVles'-'F. Blanchard, and
i3e.ra a.ne---M. husban--C-har--es B-
Granter(s), for themselves, their heirs, executors and admini►tratersi covenant with the O►antees, Their heirs, at' successors'
end assigns that they are sailed of
said premises In fee and have the right to convey the same in fee simple; that the same are free from encumbrances except as herein sot forth; and that they
will warrant and defend the slid title to the same against the claims of All persons whomsoever. i
The plural number as used herein shall equally include the singular. The masculine or feminine sander as used heroin shall equally Include the neater.
.kt
3KO02054PGO0314 54 plIAM --�
aa09 20
DI T1 MMONY WHERM the said fllranfers hew hersunft let their hands mail awls the day amid year one abw WINMR.
t }
err_ t 1cu 2.I' fl _�'.�1c C'LC c.Ih a-c- (SEAL} A %, ! t'�t0. .�.. EAL)
Bernard B. Blanchard era ine . �__ eV
via) 7Y.(SEAL) tSEAt) '
Char les anc ara (sEAL) C artes r rney
(SEAL) �2
i
(SEAL) lU
(PEAL) - - --- {SEAL)
- - — (SEAL) - --- - (SEAL)
-(SEAL) (SEAL)
r NORTH CA�OLINA-Weke County (It acknowledgment not taken fe Wake County, N. C., show county and state where taken)
■ Notary Public, do henry car fify that
_Charles F._Blanch_a_rd _ BernArd_ 1.-.-Blanchard
and hh wife, --.. _ -_ - _ -
each personally appeared before me thls day and Teknowledg ,d the doe execution of the feragoing deed of eonMana, + yn C
Witness my hand and notarial seal, thisd:c day eI`(.11 _+q , 19..7.E My commission explrys_o�.c.�
i{ :+ 'ft NOTARIAL SEAL HERE (� V T
(Seal mutt be Impressed to b sufficiently _ Note Public.
� 15�t�C 0. . � yz�
44 , for Notary's name to be readable! .---�_-_-- ........_--...-...�...-�- ---_---- Notary
�7 s, b ' NORTH CAROLINA-Woks County. llf acknowledgment not taken in Wake County, N. C., show county and slate when falcon)
L, --, is Notary Public, do hammy certify that
j i .1 • M•__--Charles --B-.__--Carney _ __--end his win., Geraldine M. Carnpy
, Granters,
1
each personally appeared before me this day and acknowledged ilia du execution of the foregoing deed of conveyance.
\ - Witness rpy hand and notarial seal, this � _ 1�1 __ day _, 19 7�-!Illy commission expires
' I• �, R' ~� NOTARIAL SEAL HERS
.) (Seal must be Impressed sufficiently
NORTH CAROLINA-Wake County. (if acknowledgment net taken In Wain County, N. C., show county and slate where taken)
1, - ---- -- - - - - -- , a Notary Public, do hereby certify that
and file wife, _.- » - - -., Grantors,
each personally appeared before me this day and acknowiedged Ilia due execution of ON foregoing deed of conveyance.
Witness my hand end notarial seal, this ._ day I'll_ My commission expires ..----»-...._•-._
"M NOTARIAL SEAL HERE
(Seat must be Impressed sufficiently
for Notary's name to be readable) _ _ .. - -------- Notary Public.
NORTH CAROLINA-Wake County. (if acknowledgmsnt not taken in Wake County, N. e, Chow county and state where taken)
a Notary Public, do hereby certify that
end his wife, ._ _., Orerrters,
each personally appeared -before me this day and acknowledged the doe execif im of fhe foregoing deed of conesyaryre.
Witness my hand and notarial seal, Ihls „_ ..... day _ _..., if......,_, My commhsim expires ....... .» ._........
�j 'W NOTARIAL SEAL HERE
J� (Seal must be impresesd sufficlently
for Notary's norms to be resdeblal ......... ... .............. .... _. Notary Public.
NORTH CAROLINA-WAKE COUNTY
1M forpeing "Ifleafe . __ of J J�
-- - - --- -- --- --- - -- -....- - - = _---•..........-. Notar(yxies) Public la (•� r T N ?' , 1 E xc i:-m f r))(
fare) eertiFhd to be correct. It instrument was- resanHd for registration and recorded InOhio `,^ cy {'t• �I �l•ty(� I�' 's')
effiee In Sleek- Q S - Page- - � -� ' F• \ ' J `: i 4 0
30
(' y
T1rh .day sf. 197 02.1l
J. A. WLAND, Register of beads•
�C Register rif Deeda ,
Fnr Na. I- LbDng Form-554-Copyright. 1954 by Wake County bar Asiodatlon-Olowr Printing, Inc., Raleigh, N. G
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Thomas V. Kim& Attorney at Law 4""' •• •�-/ wclrrKX wJr •crA
450 S. Vesleyae Blvd.. P. 0. am 7805. Rocky !bout. 0C 27804ej49Lu nne
ss a.arer doe 4 94
0=80ioM CAMCUMA - Gomm r wrR rem anm e+ r 20th abr a Aaril /A3�-
Stephen wyou Joyner and wife. Linde Lee Joyner.
u ~ fiaa.ala.
I&Airport Autbority
ll7 cem�
CMVA'Mat aMdlaadM at Aa Odbo ad new r� wry a .W bw G w i�Y. w�.:.Me"`..6.•a
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p �► r %MMA" denial me mach r as car m T.ss d Cary 7as
G wake Ong nri Odom
property in Cedar Fork, Tmin4hlp. Wake Colm►ty. North Carolina.
BBMMM at a stake in the eastern property line of C. W. Wray, said
stake marking the southwest cornet Of ihllian 8. Nastead State Paris as
shun an plat and survey hereinafter referred to, and tuning thence
along and with the southern property line of William 8. listead State
Park, South 87' 46' 52' Past 419.99 feet to a stake; turning thence South
00' 09' 10' West 105.63 feet to a stake, northeast corner of property of
J. D. King Estate; nuvang thence North 87' 23' 050 West 419.70 feet to a
stake in the eastern property line of C. W. Wray; running theme North
00' 04' 17' West 102.74 feet to a stake, the place and Point of wnr_randM,
containing 1.0o330 acres, more or less, and being stain on plat and survey
entitled 'proposed Acquisition Land Adjacent to Uastead State Park,
p,Ku'ty of Virginia lee, prepared by Jain S. Lanwice and Bennie R. Smith.
Fegistered Land Surveyors, dated June 9. 1976. to which reference is hereby
made for a more particular description Of sane.
I D •� tesgah.�l
.n STATE OF �. �a{ EstaUe -
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