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Home My WebLink AboutSW3181201_Property Deed_202204078528 0313 Prepared by: Moore & Van Allen PLLC (KSC-) Return to: 100 North Tryon Street, Floor 47 Charlotte, NC 28202 Tax Parcel No's.: 5544-63-6383, 5544-72-4095 and 5544-72-8995 W "- b oll STATE OF NORTH CAROLINA COUNTY OF CABARRUS FILED CABARRUS COUNTY NC LINDA F. McABEE REGISTER OF DEEDS FILED Dec 29, 2008 AT 04:09 pm BOOK 08528 START PAGE 0313 END PAGE 0320 INSTRUMENT # 37152 EXCISE TAX 4�)t" 1 "00 00 Excise Stamps. $11,400.00 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED is made effective as of the -�L 7"( day of December, 2008, by and between ROBERT L. AND DONNA F. WALLACE FAMILY, LLC, a North Carolina Iimited liability company, Grantor, and COUNTY OF CABARRUS, NORTH CAROLINA, ah 1J CM5 Grantee, having an address of 66 C O" S'1� S I: , Concord, North Carolina �" U , 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 Grantor, for a valuable consideration paid by 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 those certain lots or parcels of land situated in No. 10 Township, Cabamzs County, North Carolina and more particularly described as follows: See Exhibit A, attached hereto The property hereinabove-described (the "Property") was acquired by Grantor by instruments recorded in Book 5060, Page 326, Book 5060, Page 316 and Book Af11, Page &I of the Cabarrus County Public Registry. VAO NOIL740 P# Z38 TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple. LC' CITARZIM2480 8528 0314 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: 1. Taxes for the year 2009 and subsequent years. 2. All valid easements restrictions and encumbrances of record. CIiAR2\1IS1248v1 8528 0315 IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed as of the day and year first above written. ROBERT L. ND DONNA F. WALLACE FAMILY, LLC, a North C a limited liability ompany By; Robert L. Wallace, Manager By: —0 .._/�1C-� A / Donna F. Wallace, Manager STATE OF NORTH CAROLINA COUNTY OF Cti7cu 9 1, 4-reS Ol. Me -_ , a Notary Public of S County and State of ar`4t-t u do hcreby ce ifyify that Robert L. Wallace and Donna F. Wallace (the "Signatory"), Managers of Robert L. and Donna F. Wallace Family, LLC, a North Carolina limited liability company, personally appeared before me this day and by authority duly given, acknowledged the due execution of the foregoing instrument on behalf of the limited liability company. Witness my hand and official stamp or seal this day of , 2008. Notary Public OL Cabarrus County My Convnission Qxpkes s 01/10/2010 CP►V 1% 1`- [NOTARY STEAL] (MUST BE FULLY LEGIBLE) CRARZ1151248v1 Notary Public Print Name: L.. (Note: Notary Public must sign exactly av on notary s y My Commission Expires, 8528 0316 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 156.444 ACRES LYING AND BEING IN THE NUMBER 10 TOWNSHIP, CABARRUS COUNTY, NORTH CAROLINA, NORTH OF NORFOLK-SOUTHERN RAILROAD, WEST OF BUT NOT ADJACENT TO U.S. HIGHWAY #601, BEING MADE UP OF FOUR (4) PROPER'HES CONVEYED TO ROBERT L. & DONNA F. WALLACE (DB. 5060, PG. 316; DB. 5060, PG, 326; DB. 5061, PG. 21 AND DB. 7907, PG. 238; CABARRUS COUNTY REEG1SI.'ER OF DEEDS), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO GET TO THE TRUE POINT OF BEGINNING, COMMENCE AT N.C_G.S. MONUMENT 'RAILWAY' HAVING NORTH CAROLINA NAD 83(86) GRID COORDINATES OF N=541,285.817' E= 1,549,440.028', AND RUN N 84°53'30" W 514.94' (GROUND DISTANCE, 514.87' GRID DISTANCE, COMBINED GRID FACTOR 0.999851924) TO A COMPUTED POINT HAVING NORTH CAROLINA NAD 83(86) GRID COORDINATES OF N= 541,331.661' E= 1,548,927.206', BEING IN THE CENTERLINE OF THE 100' RIGHT-OF-WAY FOR NORFOLK-SOUTHERN RAILROAD, AND BEING THE TRUE POINT OF BEGINNING; THENCE FROM THE TRUE. POINT OF BEGINNING WITH THIS CENTERLINE; OF THE 100' RIGHT-OF-WAY FOR SAID NORFOLK-SOUTHERN RAILROAD AND BEING THE NORTHERN PROPERTY LINES FOR ROBERT L. & DONNA F. WALLACE FAMILY, LLC (DB. 5060, PG. 326; TRACT ONE; AFOREMENTIONED REGISTRY) AND McGEE BROTHERS CO., INC. (DB. 1628, PG. 36; DB. 1870, PG. 277 AND DB. 1870, PG. 281; AFOREMENTIONED REGISTRY) FIVE (5) COURSES AND DISTANCES AS FOLLOWS: 1. A CIRCULAR CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 179.83', A RADIUS Or 5195.2V AND A CHORD OF S 88012'08" W 179.83'TO A COMPUTED POINT; 2. A CIRCULAR CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 192.47', A RADIUS OF 1478.29' AND A CHORD OF N 87004'34" W 192.3Y TO A COMPU"1'L"D POINT, SAID POINT BEING LOCATED N 32°10'32" E 37.55' OI= AN EXISTING #5 REBAR; 3. A CIRCULAR CURVE TO TI4E RIGHT HAVING AN ARC LENGTH OF 106.09', A RADIUS OF 1478.29' AND A CHORD OF N 81 ° 17'26" W 106.06' TO A COMPUTED POINT; 4. A CIRCULAR CURVE TO TH13 RIGHT HAVING AN ARC LENGTH OF 106.76', A RADIUS OF 2796.00' AND A CHORD OF N 78008'27" W 106.76' TO A COMPUTED POINT; AND 5. N 77002'49" W (PASSING AN EXISTING #3 REBAR AT A DISTANCE OF 1049.25'; PASSING AN EXISTING #5 REBAR wrm CAP AT A DISTANCE OF 3049.25') FOR A TOTAL DISTANCE OF 3256.62' TO AN EXISTING PK NAIL. THENCE WITH THE NORTHERN PROPERTY LINE OF McGEE BROTI IERS CO., INC. (DB. 1870, PG. 281; AFOREMENTIONED REGISTRY) N 49009'53" W 169.73' TO AN EXISTING 1 %" IRON ROD; C11ARN I5128.lvl 8528 0317 THENCE WITH THE WESTERN PROPERTY LINES OF ROBERT L. & DONNA F. WALLACE FAMILY, LLC (DB. 5060, PG. 326; AFOREMENTIONED REGISTRY) TWO (2) COURSES AND DISTANCES AS FOLLOWS: 1. N 35033'44" E 1253.38' TO A SET #5 REBAR; AND 2. N 25033'44" E 1682.17' TO AN EXISTING 2" IRON PIPE ON THE NORTHEASTERN CORNER OF LOT #IS FOR THE CABARRUS ACRES SUBDIVISION (MB. 17, PG, 60; AFOREMENTIONED REGISTRY); 'THENCE WIT14 THE NORTHERN PROPERTY LINE OF LOT #18 AND #17 FOR THE SAID CABARRUS ACRES SUBDIVISION S 70°48'40" W (PASSING AN EXISTING 13ENT #4 REBAR AT A DISTANCE OF 289.00') FOR A TOTAL DISTANCE OF 414.09' TO AN EXISTING I" IRON PIPE ON THE SOUTHEASTERN CORNER OF FLAVIA B. THOMPSON (DB. 573, PG. 189; AFOREMENTIONED REGISTRY); THENCE WITH THE PROPERTY LINES OF SAID THOMPSON TWO (2) COURSES AND DISTANCI�S AS FOLLOWS, 1. N 26050'03" E 247.33' TO A #2 REBAR; AND 2. N 72°09'20" E (PASSING AN EXISTING #5 REBAR AT A DISTANCE OF 181.18'; PASSING AN EXISTING %" IRON ROD AT A DISTANCE OF 434.76') FOR A TOTAL DISTANCE OF 716.80' '1'O A DISTURBED 518" IRON ROD ON THE SOU7.'HI?RN PROPERTY LINE OF DON FLEENER et uxor, MARCIA FLEENER (I)B. 3129, PG. 344; AFOREMENTIONED REGISTRY); THENCE WITH THE SOUTHERN PROPERTY LINE OF SAID FLEENER AND MICHELLE M. STONE & husband, ROBERT D. STONE (DB. 1783, PG. 58; AFOREMENTIONED REGISTRY) S 43°52' 16" E 249.68' TO AN EXISTING #5 REBAR ON THE W17STERN PROPERTY LINE OF ROBERT A. YANDLE, JR. (NOW OR FORMERLY; DB. 474, PG. 397; AFOREMENTIONED REGISTRY); THENCE WITH THE PROPERTY LINES OF SAID YANDLE THREE (3) COURSES AND DISTANCES AS FOLLOWS: 1, S 20°48'42" W 451.52' TO AN EXISTING I" IRON PIPE; 2. S 26014' 15" W 65.88' TO AN EXISTING LOOSE I" IRON PIPE; AND 3. S 29012'40" E 669.86' TO AN EXISTING I" REBAR ON THE SOUTHWESTERN CORNER OF STEP14EN W. PIGG, JR. & wife, KATHRYN Il. PIGG (DB. 1011, PG. 48; AFOREMENTIONED REGISTRY); THENCE WITH THE SOUTHERN PROPERTY LINE OF SAID PIGG S 29042'38" E 247.43' TO AN EXISTING #3 REBAR ON THE SOUTHWESTERN CORNER OF WILLIAM G. ROBINSON TRUST (DB. 7383, PG. 96; AFOREMENTIONED REGISTRY), SAID POINT ALSO }BEING LOCATED S 00018'07" W 296.92' OF AN EXISTING #3 REBAR; THENCE WITII THE PROPERTY LINES OF SAID WILL" G. ROBINSON TRUST FIVE (5) COURSES AND DISTANCES AS FOLLOWS: 1. S 29"44'21" E 809.56' TO AN EXISTING #5 REBAR, SAID POINT BEING LOCATED N 29044'21" W 111.22' OF AN EXISTING I %" IRON PIPE; 2. N 29°27'42" E 285.00' TO AN EXISTING #5 REBAR; 3. S 61 °53'24" E 216.78' 'I'O AN (EXISTING #5 REBAR; 4. N 48042'32" E 43.86' TO A COMPUTED POINT, SAID POINT BEING LOCATED S 75023'30" E 2.23' FROM A SET #5 REBAR REFERENCE POINT; AND 5. S 75023'30" E 367.23' TO AN EXISTING I" IRON ROD ON THE WESTERN CHARM 151283v1 8528 0318 PROPERTY LINE OF JOHN McDONALD SUTLER & wife, BONNIE N. SUTLER (DB. 1697, PG. 138; AFOREMENTIONED REGISTRY), SAID POINT AS BEING LOCATED S 53014'34" W 50.86' FROM AN EXISTING 1" IRON ROD; THENCE WITH THE WESTERN PROPERTY LINE OF SAID SUTLER S 26023'07" W 131.57' TO AN EXISTING 1/2" IRON ROD ON THE NORTHWESTER CORNER OF ANDERSON/GRIFFIN PROPERTIES, LLC (DB. 2887, PG. 289; AFOREMENTIONED REGISTRY), SAID POINT AS BEING LOCATED N 74°26'18" W 1022.51' FROM AN EXISTING 3/a" IRON ROD; THENCE WITH THE WESTERN PROPERTY LINE OF SAID ANDERSON/GRAN PROPERTIES, LLC S 18055'38" W 130.89' TO AN EXISTING LEANING AXLE, SAID POINT BEING LOCATED N 73013'02" W 1465.31 OF AN EXISTING AXLE; THENCE WITH OR NEAR THE CENTER OF MUDDY CREEK AND THE WESTERN PROPERTY LINES OF R. L. WALLACE CONSTRUCTION CO., INC. (DB. 563, PG. 52; AFOREMENTIONED REGISTRY), CJMJ LLC (DB. 4088, PG. 220; AFOREMENTIONED REGISTRY) AND CHARLES S. JONESS & wife, MARLENE P. JONES (DB. 912, PG. 23 AND DB, 746, PG. 65; AFOREMENTIONED REGISTRY) FIFTEEN (15) COURSES AND DISTANCES AS FOLLOWS: 1. S 63053'06' E 365.77' TO A COMPUTED POINT; 2. S 17031'06" E 121.92' TO A COMPUTED POINT; 3. S 55056'06" E 147.68' TO A COMPUTED POINT; 4. S 13"06'06" E 50.92' TO A COMPUTED POINT, SAID POINT BEING LOCATED N 87046'09" W 13.98' FROM AN EXISTING #5 REBAR; S. S 07056'35" E 85.40' TO A COMPUTED POINT; 6. S 11°54'20" E 54.25' TO A COMPUTED POINT; 7. S I9039'50" E 59.15'TO A COMPUTED POINT; 8. S 38030' 13" E 105.00' TO A COMPUTED POINT; 9. S 01050'30" W 67.10' TO A COMPUTED POINT; 10. S 07027'27" E 133.88' TO A COMPUTED POINT; I L L 01013'50" E 97.95' TO A COMPUTED POINT; 12. S 25 ° 19' 08" W 129.28' TO A COMPUTED POINT; 13. S 08039'36" W 60.00' TO A COMPUTED POINT; 14. S 11"23'30" W 187.54' TO A COMPUTED POINT; 15. S 39054'28" E (PASSING AN EXISTING NAIL AT A DISTANCE OF 75.24') FOR A TOTAL DISTANCES OF 76.39' TO A POINT, THE TRUE POINT OF BEGINNING, CONTAINING 156.444 ACRES AS SHOWN ON A PLAT OF SURVEY BY CESI LAND DEVELOPMENT SERVICES DATED JUNE 6, 2008, CESI JOB NO. 080439.000. CHAR2\1 151283V 1 8528 0319 PA&CEL 2 33.651 ACRES LYING AND BEING IN THE NUMBER 10 TOWNSHIP, CABARRUS COUNTY, NORTH CAROLINA, WEST OF U.S. HIGHWAY #601, SOUTH OF NORFOLK- SOUTHERN RAILROAD, BEING A PORTION OF THE PROPERTY CONVEYED TO ROBERT L. & DONNA F. WALLACE FAMILY, L.LC (DB. 5060, PG. 312; PART OF TRACT ONE AND ALL OF TRACT FOUR; CABARRUS COUNTY REGISTER OF DEEDS), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO GET TO THE TRUE POINT OF BEGINNING, COMMENCE AT N.C.G.S. MONUMENT'RAILWAY' HAVING NORTH CAROLINA NAD 83(86) GRID COORDINATES OF N=541,285.817' E=1,549,440.028', AND RUN S 30009'40" W 356.72' (GROUND DISTANCE, 356.67' GRID DISTANCE, COMBINED GRID FACTOR 0.999851924) TO A COMPUTED POINT HAVING NORTH CAROLINA NAD 83(86) GRID COORDINATES OF N= 540,977.436' E= 1,549,260.827', BEING IN THE CENTERLINE OF THE 100' PUBLIC RIGHT-OF-WAY FOR U.S. HIGHWAY #601, BEING LOCATED N 72°52'05" W 103.58' FROM AN EXISTING I" IRON ROD, AND BEING THE TRUE POINT OF BEGINNING; THENCE FROM THE TRUE POINT OF BEGINNING WITH THE CENTERLINE OF THE 100' PUBLIC RIGHT-OF-WAY FOR SAID U.S. HIGHWAY #601 TWO (2) COURSES AND DISTANCES AS FOLLOWS: 1. A CIRCULAR CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 419.11', A RADIUS OF 5729.58' AND A CHORD OF S 30050'22" W 419.00' TO A COMPUTED POINT; AND 2. S 32056'06" W 1328.62' TO A COMPUTED POINT AT THE CENTERLINE INTERSECTION OF SAID U.S. HIGHWAY #601 AND WALLACE ROAD (S.R. 1119); THENCE WITH THE CENTERLINE OF THE 60' PUBLIC RIGHT-OF-WAY FOR SAID WALLACE ROAD FOUR (4) COURSES AND DISTANCES AS FOLLOWS: 1. N 67042'01" W 417.79' TO A COMPUTED POINT; 2. A CIRCULAR CURVE TO THE LEFT HAVING AN ARC LENGTH OF 249.76', A RADIUS OF 808.27' AND A CHORD OF N 76033'09" W 248.77' TO A COMPUTED POINT; 3. N 85°24' 17" W 67.05' TO A COMPUTED POINT; 4. A CIRCULAR CURVE TO THE LEFT HAVING AN ARC LENGTH OF 83.80', A RADIUS OF 2055.50' AND A CHORD OF N 86°34'22" W 83.79' TO A COMPUTED POINT ON THE SOUTHEAST CORNER OF McGEE BROTHERS CO., INC. (DB. 1628, PG. 69; AFOREMENTIONED REGISTRY), SAID POINT BEING LOCATED S 89°58'05" E 335.54' FROM AN EXISTING PK NAIL; THENCE WITH THE EASTERN PROPERTY LINE FOR SAID McGEE BROTHERS CO., INC. AND THE WESTERN 68' DUKE ENERGY RIGHT-OF-WAY LINE (MB. 31, PG, 66; AFOREMENTIONED REGISTRY) N 32'10'20" E (PASSING A SET #5 REBAR AT A DISTANCE OF 34.53'; PASSING AN EXISTING 45 REBAR AT A CHAR2\1151283v1 8528 0320 DISTANCE OF 1860.42') FOR A TOTAL DISTANCE OF 1897.97' TO A COMPUTED POINT IN THE CENTERLINE OF THE 100' RIGHT-OF-WAY FOR THE NORFOLK- SOUTHERN RAILROAD AND BEING ON THE SOUTHERN PROPERTY LINE OF ROBERT L. & DONNA F. WALLACE FAMILY, LLC (DB. 5060, PG. 316; AFOREMENTIONED REGISTRY); THENCE WITH THE CENTERLINE OF THE 100' RIGHT-OF-WAY FOR THE SAID NORFOLK-SOUTHERN RAILROAD AND SOUTHERN PROPERTY LINE OF SAID ROBERT L. & DONNA F. WALLACE FAMILY, LLC TWO (2) COURSES AND DISTANCES AS FOLLOWS: 1. A CIRCULAR CURVE TO THE LEFT HAVING AN ARC LENGTH OF 192.49', A RADIUS OF 1478.29' AND A CHORD OF S 87004'33" E 192.35' TO A COMPUTED POINT; AND 2. A CIRCULAR CURVE TO THE LEFT HAVING AN ARC LENGTH OF 179.84', A RADIUS OF 5195.21' AND A CHORD OF N 88012'08" E 1.79.83' TO A COMPUTED POINT ON THE SOUTHWEST CORNER OF CHARLES S. JONES & wife, MARLENE P. JONES (DB. 5060, PG. 3I6; AFOREMENTIONED REGISTRY), SAID POINT BEING LOCATED S 39°54'28" E 1.15' FROM AN EXISTING NAIL; THENCE S 01041'57" E 49.65' TO AN EXISTING 1" IRON PIPE BEING ON THE NORTHWEST CORNER OF WILLIAM ERSKTNE BROOKS, JR. (DB. 1221, PG. 327; AFOREMENTIONED REGISTRY) ALSO BEING ON THE WEST BANK OF MUDDY CREEK; THENCE WITH THE PROPERTY LINES OF SAID BROOKS THREE (3) COURSES AND DISTANCES AS FOLLOWS: 1. S 51019'35" E 187.79' TO A COMPUTED POINT IN OR NEAR THE CENTER OF MUDDY CREEK; 2. S 16021'33" E 149.08' TO AN EXISTING 26" POST OAK TREE ON THE EAST BANK OF SAID MUDDY CREEK; AND 3. S 72°52'05" E (PASSING A SET #5 REBAR AT A DISTANCE OF 99.2l') FOR A TOTAL DISTANCE OF 150.26' TO A POINT, THE TRUE POINT OF BEGINNING, CONTAINING 33.651 ACRES (2.584 ACRES BEING IN THE PUBLIC RIGHT-OF-WAY U.S. HIGHWAY #601 AND WALLACE ROAD) AS SHOWN ON A PLAT OF SURVEY BY CESI LAND DEVELOPMENT SERVICES DATED OCTOBER 6, 2008, CESI JOB NO. 080911.000. CTIAR211151283v1