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HomeMy WebLinkAboutSWA000067_ACantrell - 055737-00079 (SametCadgeneALM Asheville)_Cadgene Deed_DEED_20200114_2/12/2020BK 3438 PG 257 - 263 (7) This Document eRecorded: Fee: $26.00 DOC# 918042 01 /14/2020 10:36:22 AM Henderson County, North Carolina William Lee King, Register of Deeds Excise Tax $8,000.00 Portion of Parcel Identifier No. 9642-35-0270 (Portion of Parcel #: 9975227) Mail after recording to: Nexsen Pruet, LLC, 701 Green Valley Road, Suite 100, Greensboro, NC 27408 This instrument was prepared by Gregory D. Hutchins, Esq. of Roberts & Stevens, P.A., a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the Closing attorney to the county tax collector upon disbursement of closing proceeds. NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made to be effective the 14' day of January, 2020, by and between GRANTOR Marie -Jeanne Elizabeth Cadgene, unmarried Address: P.O. Box 339 Placerville, CO 81430 AND Narcisse Suzanne Cadgene, unmarried 160 E. 89' Street, Apartment 1-A New York, NY 10128-2306 GRANTEE ALM ASHEVILLE, LLC, a Delaware limited liability company Address: c/o USAA Real Estate Company 9830 Colonnade Blvd., Suite 600 San Antonio, Texas 78230-2239 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 context. WITNESSETH, 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 the Town of Mills River, Henderson County, North Carolina and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Pro eerrty" ). TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple. submitted electronically by "Nexsen Pruet, LLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Henderson County Register of Deeds. BK 3438 PG 257 - 263 (7) DOC# 918042 And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title to the Property described herein against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated, Title to the Property is subject to the following exceptions: 1. Ad valorem taxes for 2020 and subsequent years. 2. All right, title and interest of the North Carolina Department of Transportation in and to the right of way for Boylston Highway (North Carolina Highway 280) and easements and appurtenances of record related thereto described in Memorandum of Action recorded in Book 730 at Page 187, subsequent Consent Judgment recorded in Book 808 at Page 561, Henderson County Registry, and shown as a controlled access facility on Plat Book 1999, Page 3134, Henderson County Registry and the Sacks Survey (defined below). 3. Matters shown on Plat Book 1999, Slide 3134, and Plat Book 2004, Slide 4958, Henderson County Registry, 4. Road Relocation, Right of Way, Utilities Easement, Temporary Construction Easement and Road Maintenance Agreement recorded in Book 1193 at Page 699, Henderson County Registry. 5. Option Agreement recorded in Book 1193 at Page 713, Henderson County Registry. 6, Sewer easement to Cane Creek Water and Sewer District and the Henderson County Board of Education recorded in Book 975 at Page 166, Henderson County Registry, 7. Matters shown on a survey captioned "ALTA/NSPS Land Title Survey PROJECT AV" prepared by Michael A. McKibbin, PLS of Sacks Surveying & Mapping, P.C. dated August 5, 2019, last revised on October 17, 2019 (the "Sacks Survey"), 8. Easements to Duke Power Company recorded in Book 177 at Page 399, Book 926 at Page 379, Boole 926 at Page 381, and Book 992 at Page 37, Henderson County Registry. 9. Any local, county, state or federal laws, ordinances or regulations relating to zoning, environment, subdivision, occupancy, use, construction or development applicable to the Property. All or part of the property herein conveyed does not include the primary residence of a Grantor, IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, to be effective the day and year first above written. SEPARATE SIGNATURE PAGES ATTACHED 'BK 3438 PG 257 - 263 (7) DOC# 918042 Marie-Je ne lizabeth C 20ene STATE OF COUNTY OF I, a Notary Public of the County d State aforesaid, certify that Marie -Jeanne Elizabeth Cadgene, Grantor, personally appeared before me is day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp o seal, this day of December, 2019. Notary Public My commission expires: (Affix Notary Stamp/or Seal) R&S 2352268_1 U I..LsRGO PG 257 - 263 (7) DOC# 918042 All-purpose Acknowledgment California only A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �I I�\ County of in On 12 before me, ��111n �� CUI lYi� �iiirY 1r� m .�Oh� (here insert name and title of the officer), personally appeared �" '����r JCCAVIYU tywvnq Nova who proved to rime on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Seal ��I111111/e� WITNESS my hand �CUB/j� a cial eal. �s�� ;.... N•, �N �� 4 • •Va0 PAY PU A Signature40 2 For Bank Purposes Only O o�M,� ' 22Q2�tv�,• III .9••...8ER'15•7O•• ai Description of Attached Document �i� (�, 5 Cie % Type or Title of Document \v��t� 1 �.,M.Il Document Date Number of Pages Signer(s) Other Than Named Above BK 3438 PG 257 - 263 (7) DOC# 918042 \I (SEAL) Narcisse Suzanne Cadgene STATE OF NEW YORK COUNTY OF NaW q 0,-L I, a Notary Public of the County and State aforesaid, certify that Nareisse Suzanne Cadgene, Grantor, personally appeared before me this day and acknowledged the execution of -the foregoing instrument. Witness my hand and official stamp or seal, this 34s-� day of December, 2019. bF3tarypic My commission expires: 0 �— l q.6 / a-0 2 'I (Affix Notary Stamp or Seal) ST NEW °IC O AS6396739 p^� R&S 235226-8 } 4:. . `BK 3438 PG 257 - 263 (7) DOC# 918042 EXHIBIT A All that certain lot or parcel of land located in the Town of Mills River, Henderson County, North Carolina, being more particularly described as follows: BEGINNING at a metal right-of-way monument found in the southeasterly right-of-way line of Boylston Highway (N.C. Highway 280), said right-of-way monument lying South 49 deg 58' 27" East a distance of 221.78 feet from NGS Monument "Boylston" (having North Carolina Grid Coordinates (NAD 83/2011) of North(y) = 625,717.43' and East(x) = 942,955.32'); running thence with the southeasterly right-of-way line of Boylston Highway (N.C. Highway 280) the following four (4) courses and distances: 1) North 50 deg 26' 3 1 " East a distance of 720.02 feet to a metal right-of-way monument found; 2) North 69 deg 55' 05" East a distance of 371.28 feet to an iron pipe set; 3) North 55 deg 38' 26" East a distance of 216.88 feet to a metal right-of-way monument found; and 4) South 86 deg 49' 50" East a distance of 65.30 feet to a metal rebar found in the westerly line of property owned, now or formerly, by Tiltin' B LLC (Deed Book 1011, Page 291, Henderson County Register of Deeds); Thence with the line of said Tiltin' B LLC property the following three (3) courses and distances: 1) South 04 deg 27' 58" West a distance of 607.04 feet to an iron pipe found; 2) North 85 deg 43' 5 1 " West a distance of 769.89 feet to an iron pipe found; and 3) South 05 deg 17' 32" West a distance of 1633.89 feet to a metal rebar found in the easterly line of property owned, now or formerly, by FTB Properties, LLC (Deed Book 1193, Page 695, Henderson County Register of Deeds and Plat Book 2004, Slide 4958, Henderson County Register of Deeds); Thence with the line of said FTB Properties, LLC North 00 deg 10' 28" West a distance of 126.51 feet to a metal rebar found in the centerline of the easterly terminus of a 60 foot right-of-way known as Miles View Drive (see Plat Book 2004, Slide 4958); thence with the centerline of said Miles View Drive North 84 deg 11' 55" West a distance of 942.32 feet to a magnetic nail found in the easterly right-of-way line of Fanning Fields Road [SR 1354]; thence with the right-of-way line of Fanning Fields Road the following four (4) courses and distances: 1) With a curve concave to the southeast a chord bearing of North 24 deg 55' 39" East a chord distance of 107.51 feet to an iron pipe set, said curve having a radius of 410.86 feet and an arc length of 107.82 feet; 2) North 32 deg 31' 57" East a distance of 157.45 feet to a metal rebar found; 3) With a curve to the left a chord bearing of North 16 deg 30' 38" East a chord distance of 82.58 feet to an iron pipe set, said curve having a radius of 149.30 feet and an arc length of 83.67 feet; and 4) North 00 deg 47' 3 1 " West a distance of 165.91 feet to a metal right-of-way monument found in the southeasterly right-of-way line of Boylston Highway; ,BK 3438 PG 257 - 263 (7) DOC# 918042 Thence with the southeasterly right-of-way line of Boylston Highway (N.C. Highway 280) the following three (3) courses and distances; 1) North 35 deg 08' 11" East a distance of 451.88 feet to a metal right-of-way monument found; 2) North 35 deg 51' 55" East a distance of 196.54 feet to a metal right-of-way monument found; and 3) North 43 deg 11' 30" East a distance of 334.81 feet to the point and place of BEGINNING, Containing 29.448 acres more or less (including 0.647 acres [28,165 Sq. Ft. +/-] lying within the right of way of Miles View Drive), BEING ALL of that "49.45 Acre" tract shown on Plat Book 1999, Slide 3134, SAVE AND EXCEPT therefrom that "20.00 Acre" tract shown on Plat Book 2004, Slide 4958.