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HomeMy WebLinkAboutSW4210803_Property Deed_20220120illllllllllllllllllllllllllll 2021015333 DAVIDSON CO, NC FEE $26.00 STATE OF NC REAL ESTATE EXTX $264.00 PRESENTED & RECORDED: 06-21-2021 12:14:02 PM MICHAEL HORNE REGISTER OF DEEDS 8Y: CASEY RHINO DEPUTY BK: DE 2484 PG: 1619-1622 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $264.00 Recording Time, Book and Page Tax Map No. Parcel Identifier No. P/O 0301400000021 Mail after recording to: Stephen C. Holton, 115 W. Center Street, Lexington, NC 27292 This instrument was prepared by: Stephen C. Holton, a North Carolina licensed attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Brief description for the Index: THIS DEED made this Y day of June, 2021, by and between GRANTOR Verge E. Nifong, Jr. and wife, Deborah S. Nifong 717 Community Road, Lexington, NC 27295 GRANTEE The City of Lexington 28 West Center Street, Lexington, NC 27292 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, parcel of land or condominium unit situated in Arcadia Township, Davidson County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. For reference, see Deed Book 490, Page 462, Davidson County Registry. See also the Estate of Elaine T. Nifong in the Office of the Superior Court for Davidson County, North Carolina. See also Estate File No. 87-E-464 in the Office of the Clerk of Superior court for Davidson County, North Carolina. EXHIBIT A LEGAL DESCRIPTION BEGINNING at an iron pipe set and being the northwest corner of the herein described parcel, new corner to Verge E. Nifong, Jr., hereinafter the "Point and Place of Beginning"; thence from the said Point and Place of Beginning with Verge E. Nifong, Jr.'s new line South 650 26' 56" East 240.00 feet to an iron pipe set, new corner to Verge E. Nifong, Jr.; thence with Verge E. Nifong, Jr.'s new line South 24' 33' 04" West for a distance of 240.00 feet to an iron pipe set in Verge E. Nifong, Jr.'s new line; thence with Verge E. Nifong, Jr.'s new line South 240 33' 04" West 100 feet to an iron pipe set, new corner to Verge E. Nifong, Jr.; thence with Verge E. Nifong, Jr.'s new line North 65' 26' 56" West 240.00 feet to an iron pipe set, new corner to Verge E. Nifong, Jr.; thence with Verge E. Nifong, Jr.'s new line North 24' 33' 04" East 100.00 feet to an iron pipe set in Verge E. Nifong, Jr.'s new line; thence with Verge E. Nifong, Jr.'s new line North 24' 33' 04" East 92.22 feet to an iron pipe set in Verge E. Nifong, Jr.'s new line; thence with Verge E. Nifong, Jr.'s new line North 24' 33' 04" East 71.22 feet to an iron pipe set in Verge E. Nifong, Jr.'s new line; thence with Verge E. Nifong, Jr.'s new line North 240 33' 04" East 76.56 feet to the Point and Place of Beginning and containing 1.873 acres, more or less, and being designated as the 1.873 acres as set forth in that Plat of Survey entitled "SURVEY FOR CITY OF LEXINGTON THIRD DELIVERY SUBSTATION" dated June 4, 2020, and revised June 4, 2021, by B&L Surveyors, PA, Kim Black PLS #L- 3311, as recorded in Plat Book �19 Page)C _, in the Office of the Register of Deeds for Davidson County, North Carolina, which is incorporated herein by reference. Also conveyed herewith is a new permanent nonexclusive right-of-way and access easement for ingress, egress and regress leading from Community Road (NCSR 1514) across the Grantors' adjoining real estate to the above -described 1.873 acres with said new permanent nonexclusive right-of-way and access easement being more particularly described as follows: BEGINNING at a mag nail found in the right-of-way of Community Road (NCSR 1514), Verge Edward Nifong, Jr.'s northwest corner as described in Book 1928, Page 209, Davidson County Registry, and said mag nail found being also located North 87' 38' 11" West 293.39 feet from a 1- inch iron pipe found (tie line), hereinafter the Point and Place of Beginning; thence from the said Point and Place of Beginning along a curve to the right in said Community Road (NCSR 1514) having a radius of 2816.94 feet and an arc length of 37.30 feet, and being subtended by a chord of South 340 06' 33" East 37.30 feet to a mag nail set in the right-of-way of Community Road (NCSR 1514); thence North 87' 38' 24" West 351.55 feet to an iron pipe set; thence South 400 45' 49" West 192.36 feet to an iron pipe set; thence South 240 33' 04" West 39.76 feet to an iron pipe set; thence South 240 33' 04" West 76.56 feet to an iron pipe set; thence North 48' 09' 35" West 62.53 feet to an iron pipe set; thence North 40' 55' 48" East 15.86 feet to an iron pipe set; thence. North 40' 45' 49" East 301.64 feet to an iron pipe set; thence South 870 37' 08" East 265.26 feet to a 1-inch iron pipe found; thence South 87' 38' 11" East 78.55 feet to the Point and .Place of Beginning, with said right-of-way and access easement containing 0.495 acres, more or less, and being designated as that "NEW PERMANENT CITY RIGHT-OF-WAY AND ACCESS EASEMENT TO SUBSTATION AND DUKE POWER GOAB" as set forth in that Plat of Survey entitled "SURVEY FOR CITY OF LEXINGTON THIRD DELIVERY SUBSTATION" dated June 4, 2020, and revised June 4, 2021, by B&L Surveyors, PA, Kim Black PLS #L-3311, as recorded in Plat Book '�\9 Page 3(o , in the Office of the Register of Deeds for Davidson County, North Carolina, which is incorporated herein by reference. Said New Permanent Right -of -Way and Access Easement to Substation and Duke Power Goab shall be appurtenant to and run with the above -described 1.873 acres. Also conveyed herewith is a 15-foot temporary construction easement for access road containing 0.200 acres, and being designated as that certain "TEMPORARY CONSTRUCTION EASEMENT FOR ACCESS ROAD" as set forth in that Plat of Survey entitled "SURVEY FOR CITY OF LEXINGTON THIRD DELIVERY SUBSTATION" dated June 4, 2020, and revised June 4, 2021, by B&L Surveyors, PA, Kim Black PLS #L-3311, as recorded in Plat Book_ Paged in the Office of the Register of Deeds for Davidson County, North Carolina, which is incorporated herein by reference. In reference to the 15-foot Temporary Construction Easement, the Grantor grants to the Grantee the said 15-Foot Temporary Construction Easement as described herein as the Grantee may need in connection with the initial construction of new permanent nonexclusive right-of-way and access easement and the construction of the Third Delivery Substation. The said 15-Foot Temporary Construction Easement herein described shall terminate upon the completion and construction of the Third Delivery Substation on the above -described 1.873 acres. In addition to the foregoing, the Grantor does hereby grant, bargain, sell and convey unto the Grantee, its successors and assigns, a new permanent exclusive 60-foot utility easement for the purpose of constructing, installing, operating, repairing and replacing, altering, protecting and removing power poles, transmission and distribution lines, facilities and appurtenances as necessary to serve the community and the Third Delivery Substation, over, across, and through the Grantor's real estate situated in Arcadia Township, Davidson County, North Carolina, and being more particularly described as follows: The new permanent 60-foot utility easement shall lead from Community Road (NCSR 1514) across the Grantor's adjoining real estate to the -above-described 1.873 acres, which is more particularly described as follows: BEGINNING at a mag nail set in the right-of-way of Community Road (NCSR 1514), said mag nail set being located along a curve to the left having a radius of 2816.94 feet and an arc length of 162.07 feet and being subtended by a chord of North 29° 23' 52" West 162.05 feet from a mag nail found at Verge Edward Nifong, Jr.'s southwestern corner as described in Book 1928, Page 209, Davidson County Registry (tie line), hereinafter the Point and Place of Beginning; thence from the said Point and Place of Beginning South 53' 44' 19" West 450.71 feet to an iron pipe set; thence South 24' 33' 04" West 231.79 feet to an iron pipe set; thence North 65' 26' 56" West 30.00 feet to an iron pipe set; thence North 24' 33' 04" East crossing an iron pipe set at a distance of 100.00 feet and continuing a distance of 240.00 feet to an iron pipe set for a total distance of 340.00 feet; thence South 250 26' 56" East 21.72 feet to an iron pipe set; thence North 53° 44' 19" East 365.11 feet to a mag nail set in the right-of-way of Community Road (NCSR 1514); thence along a curve to the right in the right-of-way of Community Road (NCSR 1514), having a radius of 2816.94 feet and an arc length of 60.20 feet, being subtended by a chord of South 31 ° 39' 30" East 60.19 feet to the Point and Place of Beginning and containing 0.786 acres, more or less, and being designated as that certain "NEW 60-FOOT UTILITY EASEMENT" as set forth in that Plat of Survey entitled "SURVEY FOR CITY OF LEXINGTON THIRD DELIVERY SUBSTATION" dated June 4, 2020, and revised June 4, 2021, by B&L Surveyors, PA, Kim Black PLS #L-3311, as recorded in Plat Book "-19 Page '3(0 , in the Office of the Register of Deeds for Davidson County, North Carolina, which is incorporated herein by reference. The above -described New 60-Foot Utility Easement shall be appurtenant to and run with the above -described 1.873 acres. In addition, the Grantee shall have the right to clear and keep the new permanent 60-foot easement area and the portions of the property immediately surrounding the easement free of trees and other growth whether above the ground or below the ground which may, in the Grantee's opinion, interfere in any way with or endanger the equipment or maintenance and operation thereof. 2