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HomeMy WebLinkAboutSW6230104_Deed Restriction/Protective Covenant Form_20230126',tARr`t.i`T COUNTY TAX lD# �2"7el�„ror�M b Fo, 0 OR �YI Cp�)N7Y NC * * *NO TITLE SEARCH REQUESTED OR PERFORMED* Prepared by: W. A. Johnson, Attorney at Law, P. O. Box 69, Lillington, NC 27546 NORTH CAROLINA, DEED HARNETT COUNTY, THIS DEED is made and entered into this 29th day of November, 2007, by and between W. RICHARD SORRELL, unmarried, 101 N. Powell Avenue, Dunn, NC 28334, grantor, and THE SORRELL-JACKSON LLC, a North Carolina limited liability company organized August 29, 2007, 2107 Red Hilt Church Road, Dunn, NC 28334, grantee; WITNESSETH: That for and in consideration of the sum of ONE HUNDRED DOLLARS and other good and valuable consideration to him in hand paid by the grantee, the receipt of which is hereby acknowledged, the grantor has bargained and sold and by these presents does hereby give, grant, bargain, sell and convey unto the grantee, its successors and assigns, those certain tracts or parcels of land situate and being in Averasboro Township, Harnett County, North Carolina, and described as follows: P_IRST TRACT: BEGINNING at a stake in the road, G. M. Tilghman's corner and E. M. Jeffreys' line; thence down said road South 31 30' East 553 ft. to a stake in the branch; thence down the branch as it meanders 3668.1 ft. to a stake; thenceNorth 34° 31' East 275 ft. to a bay; thence South 550 30' East 666 ft. to a stake; thence North 430 East 651.5 ft, to a stake; thence South 74° East 2098 ft, to the BEGINNING, containing 38 acres, more or less; and being the same tract described in that deed. from Norma E. Altman to Joanna Goodman, recorded in the office of the Register of Deeds of Harnett County, in Book 229, at Page 153; and being a part of the land conveyed to George L. Cannady by G. M. Tilghman and wife, Mary Tilghman, recorded in the office of the Register of Deeds of Harnett County, in Book 194, Page 5. Being the identical land conveyed by deed dated December 20, 1941, from A. R. . Goodman and wife, Joanna Goodman, to C. B. Aycock, Sr. and wife, Ruth Westbrook Aycock, recorded in Book 280, Page 77, Harnett County Registry. SECOND_TRAST: BEGINNING at Callie A. Shell's corner in the middle of the road leading from Liliington, and Dunn Road at Frank Godwin's store to the Dunn and Coats Road near C. P. Godwin's home, and runs thence North 74 West 53.50 chains to a stake; thence North 34' and 30' East 6.35 chains to a stake; thence South 55' 30' East 12.65 chains to a stake in a ditch; thence up said ditch as it meanders South 88* 30' East 3.60 chains, North 73' 45' East 5.25 chains, South 87' East 2.30 chains, North 82° East 9.25 chains, South 78' 15' East 4.80 chains, South 31' 15' East 5.75 chains, South 10 East 70 links, South 46 East 2.46 chains, South 52 East 2.60 chains North 79' 30' East 3.67 chains and North 55 East 2.50 chains to a stake in said road; thence as said road South 2 East 7.45 chains to the BEGENNING, containing 28'/a acres, more or less, and being a part of the lands conveyed by G. M. Tilghman and wife, to George L. Cannady and George L. Cannady to Norman E. Altman as appears by deed recorded in the office of the Register of Deeds ofHarnett County, and being the same tract of land conveyed to Willie Anderson West by Bertha H. Fulton by deed recorded in Book 271, Page 459, office of the Register of Deeds of Harnett County. Being the identical land conveyed by deed dated November 14, 1942, from Willie Anderson West and wife, Cora West, to C. B. Aycock and wife, Ruth W. Aycock, recorded in Book 286, Page 146, Harnett County Registry. The foregoing first and second tracts being the same tracts or parcels of land described in deed dated March 17, 1967, by Ruth W. Aycock, widow, to George F. Glover and William R. Sorrell recorded in Book 494, at Page 186, Harnett County Registry. THIRD TRACT: Being that tract of land as shown on a map prepared by Arthur R. Denning, Registered Surveyor, dated March 20, 1964, entitled "The Shell Estate, Bunn, N. C.," said tract of land being bounded and described as follows: BEGINNING at an iron stake in the northern margin ofthe right -of --way ofnew U. S_ Highway #421 west of the Town of Dunn, North Carolina, which said stake is a dividing corner between the land herein described and the land of Nathan L. Carroll, and runs thence South 891 33'East 668.75 ft. to a stake in the western margin of the fight -of -way of State Road #1719, thence with the western margin of the right-of-way. of State Road #1719 North 0° 28' East 200.36 ft. to another stake in the western margin of said State Road #1719; thence North 73' 00' West 3474.04 ft. to a stake ; in the northern margin of the right-of-way of new U. S. Highway 421; thence with the northern margin of the right-of-way of new U. S. Highway 421, South 670 00' East 2273.81 ft. to a stake in said margin of said highway; thence South 65° 58' East 250.51 ft. to another stake in said margin of said highway; thence South 63' 47' East 226.48 ft. to another stake in the margin of said highway; thence South 600 48' East 364.39 ft. to the point of BEGINNING, said tract of land containing 17.66 acres, more or less:. Source of title: Will Book 9, Page 193. Being the identical land conveyed by deed dated April 5, 1964, by Angela Lee Shell, widow, and Mildred Shell Pridgen and her husband, Linwood S, Pridgen, to W. R. Sorrell and George F. Glover, recorded in Book 449, Page 73, Harnett County Registry. The three above -described tracts were conveyed to W. Richard Sorrell by George F. Glover and wife, Jackie L. Glover, by deed dated January 16, 1969, filed in Harnett County Registry at 3 :15 p.m. on January 16, 1969, and recorded in Book 511, at Page 257, Grantor EXCEPTS from the above -described lands the following parcels - FIRST EX EPTED PARCEL, The 21.516-acre tract conveyed to Bailey and Associates, Inc., by W. Richard Sorrell by deed dated July 3I, 1984, filed in Harnett County Registry at 12:13 p,m. on August 3, 1984, and recorded in Book 769, at Page 52. This excepted parcel is described as follows: BEGINNING at an iron pipe on the northern right of way margin of U. S. Highway 421, a 150 ft. right of way, said point of beginning being 1326 ft. in a southeasterly direction along the northern right of way margin of U. S. Highway 421 from the center of Black River, Harnett County, North Carolina; thence leaving the aforesaid right of way margin North 180 42' 50" East 643.90 ft. to an iron pipe in the centerline of a canal; thence South 810 4911511 East 407.98 ft, to an iron pipe in the centerline of said canal, thence continuing with said canal South 71° 44' 26" East 1012.89 ft. to an iron pipe in said centerline; thence leaving said canal South 34' 29' 00" West 78 7.5 6 ft. to an iron pipe on the northern right of way margin of U. S. Highway 421; thence running with the northern right of way margin of U. S. Highway 421 a circular curve to the left having an are distance of 632.47 ft. and a radius. of 6373.67 ft. to the point oftangency, an iron pipe; thence continuing with said right ofway margin North 71 a 17' 10" West 568.49 ft. to the point of BEGINNING, containing 21.516 acres, more or less. SECOND EXCEPTED PAR EL: The 10.4324-acre tract conveyed to Bailey and Associates, Inc., by W. Richard Sorrell by deed dated November 13, 1987, filed in Harnett County Registry at 1:01 p.m. on November 16, 1987, and recorded in Book 844, at Page 270. This excepted parcel is described as follows: BEGINNING at a point in the northern right of way margin of U. S. Highway 421, a 150 ft. right of way, said beginning point being 796t ft. in a southeasterly direction along the northern right of way margin of U. S. Highway 421 from the center of Black River, Harnett County, N. C.; thence leaving the aforesaid northern right of way margin and running North 18142' 50" East, 790.00 ft. to a point; thence South 7111 17' 10" East, 7 10. 00 ft, to a point; thence South 53' 21' 5 1 " East, 232.38 ft. to a point in the centerline of an existing canal, a common corner with Harnett Crossing Shopping Center; thence along a common line with Harnett Crossing Shopping Center, North 81 ° 49' 15" West, 407.98 ft. to a common point with Harnett Crossing Shopping Center; thence along the western boundary line of Harnett Crossing Shopping Center, South 18° 4T 50" West, 643.90 ft. to a point in the northern right of way margin of U. S. Highway 421, a common corner with Harnett Crossing Shopping Center; thence running along the northern right of way margin of U. S. Highway 421, North 71° 17' loll West, 530.00 ft. to the point of BEGINNING and containing 10.4324 acres, more or less. THIRD EXCEPTED PARCEL: The lot conveyed to Edgar Marvin Johnson, Sr., by W. Richard Sorrell by deed dated September 17, 1990, filed in Harnett County Registry at 1:27 p.m. on January 2, 1991, and recorded in Book 926, at Page 431. This excepted parcel is described as follows: BEGINNING at an iron stake located in the northern margin of the right-of-way of U. S. Highway 421 (WW 150 ft.) at its intersection with the western margin of the right-of-way of an existing drive (across U. S. Highway 421 from the intersection of U. S. Highway 421 and Marlowe Drive) leading to the Wal-Mart Store in the Harnett Crossing Shopping Center and runs thence as the northern margin ofthe right-of-way of U. S. Highway 421 North 71 ° 17' loll West 200 ft, to an iron stake in the northern margin of said highway; thence North 18' 42' 50" East 200 ft. to an iron stake in the southern margin of a proposed 40 ft. access easement; thence as the southern margin of said proposed 40 ft. access easement South 710 17' 10" East 200 ft. to an iron stake in the western margin of an existing drive; thence as the western margin of said existing drive South 180 42150" West 200 ft, to the point of BEGINNING and being one tract of land fronting 200 ft. on the northern margin of U. S. Highway 421 and running in a northerly direction therefrom 200 ft., and is the same tract shown on plat prepared by Godwin -Jordan & Associates, P.A., Dunn, N. C., and recorded in PC Slide , Harnett County Registry. 4 FOURTH EXCEPTED PAR EL: The 1, 25-acre tract conveyed to Wal-Mart Stores, Inc., by W. Richard Sorrell by deed dated November 22, 1994, filed in Harnett County Registry at 11:04 a.m. on November 23, 1994, and recorded in Book 1076, at Page 26. This excepted parcel is described as follows: COMMENCING at a point on the northern right-of-way of U. S. Highway 421, 150 ft. right-of-way, said point being S17-17-1OE, 796 ft.� from the intersection of said northern right-of-way margin and the centerline of Black River, Harnett County, NC; thence leaving said northern right-of-way margin and running with the eastern boundary of W. R. Sorrell N18-42-OOE for 790.00 ft, to a point being the true point ofbeginning; thence continuing with and through the W. R. Sorrell tract the following courses and distances: N71-17-1 OW for 70.00 ft. to a point; thence N18-42-50E for 70.00 f1, to a point; thence S71-17-10E for 780.00 ft. to a point, thence S 18-42-SOW for 70.00 ft. to a point; thence N 71--17-1OW for 710.00 ft. to a point being the true point of BEGINNING. Above described tract contains 1.25 acres, more or less. FIRTH EXCEPTED PAR EL: The 0.03-acre tract shown on map prepared by Lambert Surveying, Inc., filed in Harnett County Registry at 3:44 p.m. on July 26, 2007, and recorded as Map No. 2007-639. Said lands are conveyed subject to the following: (1) Town of Dunn and Harnett County ad valorem property taxes for the year 2007. (2) Easements conveyed to Carolina Power & Light Company by deeds of easement from W. R. Sorrell to Carolina Power & Light Company as follows: (a) Deed of easement dated May 23, 1974, filed in Harnett County Registry at 10:38 a.m, on June 28, 1974, and recorded in Book 609, at Page 311. (b) Deed of easement dated June 3, 1980, filed in Harnett County Registry at 9:38 a.m. on October 17, 1980, and recorded in Book 711, at Page 709. (c) Deed of easement dated November 2, 1984, filed in Harnett County Registry at 9:26 a.m. on March 22, 1985, and recorded in Book 780, at Page 172. (3) Drainage Canal Easement from W. Richard Sorrell to Bailey and Associates, Inc., dated July 31,1984, filed in Harnett County Registry at 12:13 p.m. on August 3, 1984, and recorded in Boots 769, at Page 56. (4) Amendment to Drainage Canal Easement between W. Richard Sorrell and Bailey and Associates, Inc., dated November 13, 1987, filed in Harnett County Registry at 1:03 p.m. on November 16, 1987, and recorded in Book 844, at Page 272. (5) Amendment to Drainage Canal Easement between W. Richard Sorrell, Bailey & Associates, Inc., and Wal-Mart Stores, Inc., dated November 21,1994, filed in Harnett County Registry at 11:04 a.m, on November 23, 1994, and recorded in Book 1076, at Page 30. (6) Agreement between W. Richard Sorrell and Bailey and Associates, Inc., dated August 1, 1984, filed in Harnett County Registry at 12.13 p.m. on August 3, 1984, and recorded in Book 769, at Page 59. (7) Waste Water Treatment System Easement from W. Richard Sorrell to the City of Dunn dated June 1, 1978, filed in Harnett County Registry at 2:25 p.m. on January 18, 1979, and recorded in Book 683, at Page 494. (8) Easement from Ruth W. Aycock to Carolina Telephone and Telegraph Company dated April 1, 1959, filed in Harnett County Registry at 9:00 a.m. on April 13, 1959, and recorded in Book 378, at Page 61. (9) Easement from Ruth W. Aycock to North Carolina Natural Gas Corp. dated April 1, 1959, filed in Harnett County Registry at 9:00 a.m. on April 15, 1959, and recorded in Book 150, at Page 43. (10) Appurtenant rights, if any, to the terms and conditions of the agreement between W. Richard Sorrell and Bailey and Associates, Inc., recorded in Book 769, at Page 59, Harnett County Registry, and specifically referred to in No. (6) above. (11) Any easements and rights -of -way not hereinabove identified which are shown on any recorded plat of any of the above -described lands or which are visible upon an on -the -ground inspection ofthe hereinabove described property. C: (12) The easements and restrictions set forth in paragraphs (1) and (2) of the deed from W. Richard Sorrell to Bailey and Associates, Inc., recorded in Book 769, at Page 52, Harnett County Registry, and described as First Excepted Parcel above. And the grantor also assigns, transfers and conveys to the grantee the following. (1) All of the easement rights reserved to W. Richard Sorrell in the deed from W. Richard Sorrell to Bailey and Associates, Inc., recorded in Book 844, at Page 270, Harnett County Registry, and identified in the Second Excepted Parcel above. (2) All of the easements and other rights which grantor, W. Richard Sorrell, reserved unto himself in the deed from W. Richard. Sorrell to Wal-Mart Stores, Inc., identified in the Fourth Excepted Parcel above. TO HAVE AND TO HOLD said lands and premises, together with all privileges and appurtenances thereunto belonging, unto the grantee, its successors and assigns, to their only use and behoof forever. And the grantor, for himself, his heirs and assigns, covenants with the grantee, its successors and assigns, that he is seized of said premises in fee and has the right to convey the same in fee simple, that the same are free and clear from all encumbrances and that he does hereby forever warrant and will forever defend the title to the same against the claims of all persons whomsoever. IN WITNESS WHEREOF, the grantor has hereunto set his hand and seal the day and year first above written. 7 SEAL W. Richard Sorrell STATE OF NORTH CAROLINA COUNTY OF HARNETT 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: W. RICHARD SORRELL. Date: OFFICIAL SEAL OJARk% 6 Ua Offic al Signature of Notary Public Notary's printeJ or typed name, Notary Public My Commission Expires: 9 �f.1 r coy irk C naQ� KIMBERLY S. HARGROVE REGISTER OF DEEDS, HARNETT 305 W CORNELIUS HARNETT BLVD SUITE 200 LILLINGTON, NC 27546 lt*tR*i4itit+rk4N*k!*R*tAii***iiifR**i*iRiiitRRRRR*RRRfMMkRiRMRR*MRRM*Rii*t*kRkl+RRiRMFRktRk*RR*RRtkRtRif1+M*RkRii#i*R Filed For Registration: Book: Document No.: 12/13/2007 04:50:24 PM RE 2456 Page: 76-84 2007021915 DEED 9 PGS $35.00 Recorder: ANGELA J BYRD State of North Carolina, County of Harnett KIMBERLY S. HARGROVE , REGISTER OF DEEDS DO NOT DISCARD *2007021915* 2007021915