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
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WITNESS my hand �CUB/j�
a cial eal. �s�� ;.... N•, �N ��
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Description of Attached Document
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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)
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NEW
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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.