NCC190213_NOT Supporting Documents (2)_20201208

Prepared by:
Peter J. Mannarino
Federman Steifinan LLP
220 East 42" d Street, 29th Floor
New York, New York 10017
After recording return to:
Fidelity National Title Company
1 E. Washington Street, Suite 450
Phoenix, Arizona 85004
Attention: Michelle J. Burton
Parcel I.D. Number:
STATE OF NORTH CAROLINA
Excise Stamps: $
COUNTY OF CABARRUS
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED is made effective as of the "K` day of November, 2019 by and between
ROCK HARRISBURG, LLC, a Florida limited 1 bility company, having an address of 145
Lincoln Avenue, Suite B, Winter Park, Florida 32789 ("Grantor") and WOODSIDE
HARRISBURG LLC, a North Carolina limited liability company, having an address of 7845
Colony Road, Suite C4-242, Charlotte, North Carolina ("Grantee'); the designation Grantor and
Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall
include the 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 hereby grant, bargain,
sell and convey unto the Grantee in fee simple all that certain lot or parcel of land situated in the
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Town of Harrisburg, Cabarrus County, North Carolina and being more particularly described as
follows:
See Exhibit A attached hereto and incorporated herein by this reference.
The property hereinabove described was conveyed to Grantor by instrument recorded in
Book R ` Page ; of the Cabarrus County, North Carolina Register of Deeds Office.
;, .,�a 1. ; ,
To comply with NCGS Section 105-317.2, the property conveyed does not include the
primary residence of Grantor.
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 Grantee that Grantor has done nothing to impair
such title as Grantor received, and Grantor will warrant and defend the title 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:
See Exhibit B attached hereto and incorporated herein by this reference (the "Permitted
Exceptions").
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, Grantor has duly executed this Special Warranty Deed,
under Seal, effective as of the day and year first above written.
GRANTOR:
ROCK HARRISBURG, LLC,
a Florida limited liability company
By: Rock Tire Development, LLC,
a Florida limited liability company, its
Manager
By: Rock Properties II, Inc., a Florida
corporation, its Manager
By:
Name: regg I. Akkerman
Title: President
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was subscribed, sworn to and acknowledged before me on
E , 2019, by Gregg L Zuckerman, as President of Rock Properties II, Inc., a Florida
corporation, Manager of Rock Tire Development, LLC, a Florida limited liability company, Manager of
Rock Harrisburg, LLC, a Florida limited liability company on behalf of the corporation and companies. He
is personally known to me or has produced a Florida driver' s license (type of identification) as
identification.
"5" A;,, a4(�
Notary Public
Print Name: SHARON B. ABNER
(Notary Seal) yHi
lic State of Florida
Abnerslo(i GG 202019
812022
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Exhibit A
Legal Description
All that certain lots or parcels of land situated in the Tow of Harrisburg, Cabarrus County,
North Carolina and being more particularly described as follows:
BEING all of Proposed Outparcel B1, as shown on the plat entitled "MINOR SUBDIVISION
EXHIBIT, HARRISBURG TOWN CENTER, PARCEL B1 & B2," recorded in the Cabarrus
County Registry at Map Book 77, Page 9, to which reference is hereby made for a more particular
description.
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Exhibit B
Permitted Exceptions
Covenants, conditions, restrictions, easements, and liens provided for in Master
Declaration of Covenants, Conditions and Restrictions for Harrisburg Town Center
Commercial District filed for record in Book 4399, page 206; as amended by First
Amendment to Master Declaration of Covenants, Conditions and Restrictions for
Harrisburg Town Center Commercial District recorded in Book 5111, page 151; as
amended by Second Amendment to Master Declaration of Covenants, Conditions
and Restrictions for Harrisburg Town Center Commercial District recorded in Book
5115, page 221; as amended by Third Amendment to Master Declaration of
Covenants, Conditions and Restrictions for Harrisburg Town Center Commercial
District recorded in Book 5661, page 36; as amended by Fourth Amendment to
Master Declaration of Covenants, Conditions and Restrictions for Harrisburg Town
Center Commercial District recorded in Book 5734, page 185; as amended by Fifth
Amendment to Master Declaration of Covenants, Conditions and Restrictions for
Harrisburg Town Center Commercial District recorded in Book 7735, page 29; as
amended by Sixth Amendment to Master Declaration of Covenants, Conditions and
Restrictions for Harrisburg Town Center Commercial District recorded in Book
9998, page 126; and as further amended by Sixth Amendment to Master
Declaration of Covenants, Conditions and Restrictions for Harrisburg Town Center
Commercial District recorded in Book 12295, page 300, as affected by Quitclaim
Assignment of Declarant Rights recorded in Book 12871, page 66 and corrected by
Corrective Affidavit recorded in Book 12892, page 13, as affected by Supplement
to Sixth Amendment to Master Declaration of Covenants, Conditions and
Restrictions for Harrisburg Town Center Commercial District recorded in Book
13184, page 236, as amended by Seventh Amendment to Master Declaration of
Covenants, Conditions and Restrictions for Harrisburg Town Center Commercial
District recorded in Book 13184, page 247, and any related maps, plans, bylaws
and other document(s) and amendment(s), but omitting any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin ancestry, or source of
income, as set forth in applicable state or federal laws, except to the extent that said
covenant or restriction is permitted by applicable law.
2. Any right, easement, setback, interest, claim, encroachment, encumbrance,
violation, variations or other adverse circumstance affecting the Title disclosed by
plat(s) recorded in Plat Book 77, Page 9 which reveals a 20'PDE.
3. Easement(s) to Duke Power Company recorded in Book 243, Page 343 and Book
243, Page 371. (28.1)
4. Terms and Conditions and rights of others in and to the Twenty foot (20') Private
Storm Drain Easement as shown on plat recorded in Plat Book 49, Page 49 and
Map Book 77, Page 9, and as shown on survey.
5. Memorandum of Lease by and between Rock Harrisburg, LLC ("Landlord") and
Bridgestone Retail Operations, LLC ("Tenant"), a memorandum of which is
recorded in Book 13184, Page 269 and assignment to NEXTGEN Woodside Realty
LLC recorded in Book , Page , Cabarrus County Registry
6. Any right, easement, setback, interest, claim, encroachment, encumbrance,
violation, variation, or other adverse circumstance affecting the Title regarding the
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following matters disclosed by survey entitled "Firestone -Harrisburg" by R. Scott
Barrett, P.L.S., dated July 23, 2019, last revised October 29, 2019
(a) 10' utility and construction easements (b) 20' permanent drainage easement (c)
encroachment of silt fence
(d) setback lines
(e) service utilities
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