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HomeMy WebLinkAboutNCG140105_Name-Owner Change Supporting Info_20220502Excise Tax: $ Parcel Identifier No.: 8-240-045 Mail to: Bass, Berry & Sims PLC, 150 Third Avenue South, Suite 2800, Nashville, TN 37201, Attn: Laura Lincoln This instrument was prepared by: Susan Elliott Rich, Esq. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 633 Chestnut Street, Suite 1900 Chattanooga, TN 37450 Brief description for Index: New Bern, Craven County, North Carolina LIMITED WARRANTY DEED (Site Identifier: New Bern, Craven County, North Carolina) THIS DEED made this 1st day of April, 2022, by and between GRANTOR ARGOS USA LLC, a Delaware limited liability company, successor by name change to ARGOS CEMENT LLC, successor by merger with ARGOS READY MIX LLC, a Delaware limited liability company, successor by merger with ARGOS READY MIX (CAROLINAS) CORP., a North Carolina corporation, successor by name change to SOUTHERN EQUIPMENT COMPANY, INC., a North Carolina corporation Mailing address: 3015 Windward Plaza, Suite 300 Alpharetta, GA 30005 GRANTEE HOLLINGSHEAD MATERIALS LLC, a Tennessee limited liability company Mailing address: 1000 Hollingshead Circle Murfreesboro, TN 37129 4894-6474-78000 2946663-000004 03/30/2022 The designation Grantor and Grantee as used herein shall include said parties, their successors and assigns, and shall include singular or plural 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, alien, convey, transfer and confirm unto Grantee, its successors and assigns, in fee simple, all that certain lot or parcel of land more particularly described as follows (the "Property" or "Land"): See Exhibit "A" attached hereto and incorporated herein by reference. Together with all right, title and interest of Grantor, if any, in and to all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, all buildings and other improvements located thereon, and to all roads, alleys and ways bounding the Property. This conveyance is made subject only to taxes and assessments for the year 2022 and subsequent years not yet due and payable and those matters listed on Exhibit `B" attached hereto and incorporated herein by reference (collectively, the "Permitted Encumbrances"). TO HAVE AND TO HOLD unto Grantee, its successors and assigns, in fee simple, forever. Grantor does further for itself and its successors and assigns, warrant, represent and covenant with Grantee, its successors and assigns, that Grantor will warrant and forever defend the right and title to the herein described Property unto Grantee against the lawful claims of all persons owning, holding or claiming by, through or under Grantor and not otherwise, subject to the Permitted Encumbrances. [Signature appears on the following page] 4894-6474-78000 2946663-000004 03/30/2022 IN WITNESS WHEREOF, Grantor has caused this Limited Warranty Deed to be executed on the date first above written. GRANTOR: ARGOS USA LLC, a Delaware limited liability company, successor by name change to ARGOS CEMENT LLC, successor by merger with ARGOS READY MIX LLC, a Delaware limited liability company, successor by merger with ARGOS READY MIX (CAROLINAS) CORP., a North Carolina corporation, successor by name change to SOUTHERN EQUIPMENT COMPANY, INC., a North Carolina corporation By: �y Name: William B: agner Title: President STATE OF GEORGIA COUNTY OF FULTON Before the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared William B. Wagner, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the President of Grantor herein, the within named bargainor, and that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of said company in his official capacity. WITNESS my hand and seal at office this ? _ day of March, 2022. Notary Public Commission Expires: 4894-6474-780M 2946663-000004 03/24/2022 EXHIBIT "A" Legal Description (Site Identifier: New Bern, Craven County, North Carolina) File No.: NCS-1112912-10-CHI2 The Land referred to herein below is situated in the County of Craven, State of North Carolina, and is described as follows: ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATE IN NUMBER EIGHT TOWNSHIP, CRAVEN COUNTY, NORTH CAROLINA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERN RIGHT-OF-WAY LINE OF RACETRACK ROAD (N.C.S.R. 1220), SAID POINT OF BEGINNING BEING LOCATED THE FOLLOWING COURSES AND DISTANCES FROM THE INTERSECTION OF THE CENTERLINE OF RACETRACK ROAD (N.C.S.R. 1220) AND THE CENTERLINE OF THE ATLANTIC AND NORTH CAROLINA RAILROAD RIGHT-OF-WAY; SOUTH 28' 10' 45" WEST 99.61 FEET; THENCE NORTH 670 25' 22" WEST 30.15 FEET TO THE POINT OR PLACE OF BEGINNING, SAID POINT OF BEGINNING BEING THE POINT OF INTERSECTION OF THE WESTERN RIGHT-OF-WAY LINE OF RACETRACK ROAD AND THE SOUTHERN RIGHT-OF-WAY LINE OF THE ATLANTIC AND NORTH CAROLINA RAILROAD RIGHT- OF-WAY. THENCE FROM SAID POINT OF BEGINNING, SO LOCATED, ALONG AND WITH THE WESTERN RIGHT-OF-WAY LINE OF RACETRACK ROAD SOUTH 280 10' 45" WEST 329.49 FEET TO A POINT; THENCE CONTINUING ALONG AND WITH THE WESTERN RIGHT-OF-WAY LINE OF RACETRACK ROAD SOUTH 280 03' 02" WEST 160.00 FEET TO A POINT; THENCE LEAVING RACETRACK ROAD NORTH 730 03' S6" WEST 33.95 FEET; THENCE NORTH 730 03' S6" WEST 607.63 FEET TO A POINT IN A WIRE FENCE; THENCE ALONG AND WITH THE WIRE FENCE NORTH 860 12' 27" WEST 2031.18 FEET TO A POINT; THENCE CONTINUING ALONG AND WITH THE WIRE FENCE NORTH 200 25' 04" EAST 1205.19 FEET TO A POINT IN THE SOUTHERN RIGHT- OF-WAY LINE OF THE AFORESAID ATLANTIC AND NORTH CAROLINA RAILROAD RIGHT-OF-WAY; THENCE ALONG AND WITH THE SOUTHERN RIGHT-OF-WAY LINE OF THE ATLANTIC AND NORTH CAROLINA RAILROAD RIGHT-OF-WAY SOUTH 670 25' 22" EAST 2654.29 FEET TO THE POINT OR PLACE OF BEGINNING. THE ABOVE DESCRIBED PARCEL I IS CONVEYED SUBJECT TO AND TOGETHER WITH A 20 FOOT IN WIDTH DRAINAGE AND UTILITY EASEMENT, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERN RIGHT-OF-WAY LINE OF RACETRACK ROAD, SAID POINT OF BEGINNING BEING LOCATED THE FOLLOWING COURSES 4894-6474-78000 2946663-000004 03/30/2022 AND DISTANCES FROM THE INTERSECTION OF THE CENTERLINE OF RACETRACK ROAD AND THE CENTERLINE OF THE ATLANTIC AND NORTH CAROLINA RAILROAD RIGHT-OF-WAY; SOUTH 28' 10' 45" WEST 99.61 FEET TO A POINT; THENCE NORTH 670 25' 22" WEST 30.15 FEET TO A POINT; THENCE SOUTH 280 10' 45" WEST 329.49 FEET TO A POINT; THENCE SOUTH 280 03' 02" WEST 160.00 FEET TO THE POINT OR PLACE OF BEGINNING. THENCE FROM SAID POINT OF BEGINNING. SO LOCATED, NORTH 730 03' 56" WEST 641.58 FEET TO A POINT IN A WIRE FENCE. FURTHER, THAT PORTION OF THE ABOVE -DESCRIBED PARCEL I WHICH IS DESCRIBED IN THE DEED RECORDED IN BOOK 1115, PAGE 982, IS CONVEYED SUBJECT TO CERTAIN MINERAL RIGHTS RESERVATION RESERVED BY INTERNATIONAL PAPER REALTY CORPORATION IN THE DEED RECORDED IN BOOK 1043, PAGE 859, CRAVEN COUNTY REGISTRY. LESS AND EXCEPT FROM THE FOREGOING THAT PORTION THEREOF CONVEYED TO SELLHORN-SCHEPER, L.L.C. BY DEED RECORDED IN BOOK 2209, PAGE 83, CRAVEN COUNTY REGISTRY. 4894-6474-78000 2946663-000004 03/30/2022 EXHIBIT `B" Permitted Encumbrances (Site Identifier: New Bern, Craven County, North Carolina) 1. [Intentionally deleted.] 2. [Intentionally deleted.] 3. Taxes and assessments for the year 2022 and subsequent years, not yet due and payable, plus any penalties and interest which may accrue. 4. [Intentionally deleted.] 5. [Intentionally deleted.] 6. Easements and any other facts as shown on plat recorded in Plat Cabinet A, Slide 40B, Craven County Registry. 7. Easements and any other facts as shown on plat recorded in Plat Cabinet C, Slide 369, Craven County Registry. 8. General Permit recorded in Book 513, Page 68 Craven County Registry. 9. Creation and establishment of a joint right of way and easement by and between Stevenson Brick & Block Company, a corporation and Weyerhaeuser Properties, Inc., a corporation, recorded in Book 734, Page 512, Craven County Registry. 10. Right(s) of way to Stevenson Brick & Block Co. Inc. recorded in Book 591, Page 503, Craven County Registry. 11. Easement to Westminster Company recorded in Book 1013, Page 219, Craven County Registry. 12. Easement to City of New Bern, a North Carolina municipal corporation recorded in Book 2746, Page 292, Craven County Registry. 13. Deed with reservation of easements and mineral rights interests contained therein, recorded in Book 1043, Page 859 Craven County Registry. 14. Deed with easement(s) conveyed therein, recorded in Book 1115, Page 977 Craven County Registry. 4894-6474-78000 2946663-000004 03/30/2022 15. Deed with reservation of easements contained therein, recorded in Book 1115, Page 982 Craven County Registry. 16. Terms, conditions and provisions of unrecorded Lease evidenced by instrument recorded in Book 391, Page 19, Craven County Registry. (recorded prior to Examination Period but identified as an exception in deed recorded in Book 877, Page 423) 17. Easement to Carolina Power & Light Company recorded in Book 539, Page 481, Craven County Registry. (recorded prior to Examination Period but identified as an exception in deed recorded in Book 877, Page 423) 18. Easement to Carolina Power & Light Company recorded in Book 548, Page 37, Craven County Registry. (recorded prior to Examination Period but identified as an exception in deed recorded in Book 877, Page 423) 19. Easement to Carolina Power & Light Company recorded in Book 569, Page 142, Craven County Registry. (recorded prior to Examination Period but identified as an exception in deed recorded in Book 877, Page 423) 20. Right(s) of way to State Highway Commission recorded in Book 591, Page 496, Craven County Registry. (recorded prior to Examination Period but identified as an exception in deed recorded in Book 877, Page 423) 21. Easement to City of New Bern, a North Carolina municipal corporation recorded in Book 703, Page 232, Craven County Registry. (recorded prior to Examination Period but identified as an exception in deed recorded in Book 877, Page 423) 22. Reservation of Mineral Rights set forth in instrument recorded in Book 1043, Page 859 (see also deed recorded in Book 1393, Page 297), Craven County Registry. 23. Reservation of 20 foot drainage and utility easement set forth in deed recorded in Book 1393, Page 297, Craven County Registry. 24. [Intentionally deleted.] 25. Rights of others in and to the use of easement(s) appurtenant affecting the Land, if any. 26. Title to that portion of the Land, if any, lying within the railroad right of way extending up to one hundred feet (100') on each side of the tracks or two hundred feet (200') in total width, whichever is greater and rights of way for railroad, switch tracks, spur tracks, railway facilities, easements, and other related interests, if any, on and across the Land. 27. [Intentionally deleted.] 4894-6474-78000 2946663-000004 03/30/2022 28. [Intentionally deleted.] 29. Riparian rights, if any. 30. Reservation of gas, oil and/or mineral rights. 31. Any inaccuracy in the area, square footage or acreage of the Land to be insured hereunder. 32. Title to and easements in, any portion of the Land lying within any highways, roads, streets or other ways. 33. [Intentionally deleted.] 34. [Intentionally deleted.] 35. Matters shown on survey entitled "New Bern", dated March 11, 2022, prepared by James Henson, Professional Surveyor, License No. L-5425. 4894-6474-78000 2946663-000004 03/30/2022