HomeMy WebLinkAboutSW6200303_Gilliam - Deed_4/2/2020s274 PX0274PG0656
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Prepared by: J. Duane Gilliam, Attorney at La}v-i mat
Ma44o: GRANTEE
NORTH CAROLINA
CUMBERLAND COUNTY
FILED
CUMBERLAND COUNTY NC
J. LEE WARREN, JR.
REGISTER OF DEEDS
FILED Oct 30, 2009
AT 09:41:00 am
BOOK 08274
START PAGE 0656
END PAGE 0661
INSTRUMENT # 39993
RECORDING $34.00
EXCISE TAX (None)
SB
WARRANTY DEED
Revenue S -0-
THIS DEED made this the 26th day of October, 2009, by and between 3340 INVESTMENTS,
LLC, a North Carolina limited liability company, hereinafter called GRANTOR;
and J. DUANE GILLIAM, of Cumberland County, North Carolina, 3340 Quarry Drive, Fayetteville,
NC 28303-4695, hereinafter called GRANTEE;
WITNESSETH:
THAT, in the consideration of the sum of Ten Dollars and other considerations paid by
GRANTEE to GRANTOR, the receipt and sufficiency of which is hereby irrevocably acknowledged
by the GRANTOR, the GRANTOR has bargained, sold and conveyed, and by these presents does give,
grant, bargain, sell and convey unto the GRANTEE, and its his heirs and assigns, certain property
located in Eastover Township, Cumberland County, North Carolina, partially in the Town of Eastover,
described as follows:
2009 PIN 0479-57-1134 32.28 ACS MCPHAIL LD
2009 PIN 0479-46-4301 104 ACS MARY JANE BAIN LD
2009 PIN 0479-34-8252 142.38 ACS MCPHAIL LD
2009 PIN 0479-42-9457 0.95 ACS MCPHAIL LD (Town of Eastover)
BEGINNING at an iron stake, the northwest corner of the Gilliam 104 acre tract (PIN 0479-46-4301
and the southwest corner of the Gilliam 32.28 acre tract (PIN 0479-57-1134), and being located in the
southeastern line of the Jasper C. Williams and James McNeill Williams 31.71 acre tract (PIN 0479-
28-8759, Deed Book 3375, page 645, Lot 1 as shown on plat of Property of Jasper C. Williams and
James McNeill Williams, prepared by Roy J. Haddock, Surveyor P.C., dated March 1988 and recorded
in Plat Book 106, page 003),
and runs thence along the southeastern line of the said Jasper C. Williams and James McNeill Williams
31.71 acre tract and along the northwestern line of the Gilliam 32.28 acre tract (PIN 0479-57-1134),
North 87 degrees 33 minutes East 1170.63 feet to an existing wagon axle, the northwestern corner of
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the Gilliam 32.28 acre tract and the southwestern corner of the Willie R. Coleman, James E. Coleman,
Curtis L. Britton and Hilda B. Graham 54.40 acre (Sam Geddie) tract (PIN 0479-67-3352, Deed Book
4757, page 293 First Tract);
and runs thence along lines of the said Willie R. Coleman, James E. Coleman, Curtis L. Britton and
Hilda B. Graham 54.40 acre (Sam Geddie) tract three courses and distances as follows:
South 61 degrees 26 minutes East 1808.18 feet to an existing iron stake, the northeast
corner of the said Gilliam 32.28 acre tract;
South 27 degrees 35 minutes West 632.6 feet to an existing iron stake, the southeast
corner of the Gilliam 32.28 acre tract in the line of the Gilliam 104 acre tract (PIN 0479-
46-4301);
South 60 degrees 50 minutes East 177.3 feet to the northeast corner of the Gilliam 104
acre tract and being the northwest corner of the Mary Alice Geddie Dunn 19.50 acre tract
(PIN 0479-55-9446, Deed Book 3454, page 528);
and runs thence along the eastern line of the Gilliam 104 acre tract and along the western line of the
said Mary Alice Geddic Dunn 19.50 acre tract, South 42 degrees 24 minutes West 1523.28 feet to a
corner that is the southeast corner of the Gilliam 104 acre tract, the northeast corner of the Gilliam
original 173.7 acre tract, now 142.38 acre tract (PIN 0479-42-9457), the southwest corner of the Mary
Alice Geddie Dunn 19.50 acre tract, and the northwest corner of the Lemuel E. Lee land (Plat Book 69,
page 33);
and runs thence along the eastern line of the Gilliam 142.38 acre tract and the western line of Lot 7
(PIN 0479-54-1894, Archie J. Smith, Jr. and Alonzo J. Smith, Deed Book 3803, page 375), Lot 6 (PIN
0479-44-9627, James Elliott and wife, Christine Elliott, Deed Book 3099, page 752) and Lot 5 (PIN
0479-44-8552, Joe McLaughlin, Deed Book 5210, page 771) as shown on plat of Surveyed for Lemuel
E. Lee, prepared by Larry King & Associates, P.C., dated 01-17-89 and recorded in Plat Book 69, page
33, South 38 degrees 43 minutes West 795.18 feet to an existing iron stake, the southwest corner of
said Lot 5;
and runs thence along the southern line of said Lot 5, Lot 4 (PIN 0479-54-0459, Joe McLaughlin, Deed
Book 5231, page 254), Lot 3 (PIN 0479-54-2426, Rillis Prewitt, Deed Book 5194, page 27), Lot 2
(PIN 0479-54-3425, Rillis Prewitt, Deed Book 5194, page 27) and Lot 1 (PIN 0479-54-4422, Jake
Carter and wife, Jeanetta A. Carter, Deed Book 3781, page 853) as shown on plat of Surveyed for
Lemuel E. Lee, prepared by Larry King & Associates, P.C., dated 01-17-89 and recorded in Plat Book
69, page 33, South 70 degrees 18 minutes East 742.36 feet to the southeast corner of said Lot 1;
and runs thence along the southern line of Sara Lee Bostic (PIN 0479-54-6205, Deed Book 2969, page
234), South 69 degrees 24 minutes 34 seconds East 388.88 feet to an existing iron stake, lightwood
stump and rock, the southeast corner of the Sara Lee Bostic lot in the line of Sally A. Bradbury (PIN
0479-64-0165, Deed Book 4762, page 549);
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and runs thence with the western line of Sally A. Bradbury (PIN 0479-64-0165, Deed Book 4762, page
549 as re -platted as a zero lot line development on a plat prepared by Roy J. Haddock dated December
16, 2005, recorded in Book of Plats 116, page 162), continuing with the line of Charlie Henry Autry
(PIN 0479-53-7984, Deed Book 4837, page 402) and continuing with the line of Milia B. White heirs
(PIN 0479-53-7215, Deed Book 2246, page 311) South 24 degrees 26 minutes West 985.62 feet to
an existing iron stake on the south edge of a path into the Gilliam property;
and runs thence continuing with the western line of Milia B. White heirs (PIN 0479-53-7215, Deed
Book 2246, page 311) and crossing SR 41876 (Boykin Road) South 24 degrees 26 minutes West
895.38 feet to an existing iron pipe, the southeast corner of the Gilliam original 173.7 acre tract, now
142.38 acre tract (PIN 0479-42-9457);
and runs thence along the southern line of the Gilliam original 173.7 acre tract, now 142.38 acre tract
(PIN 0479-57-8252, Deed Book 6961, page 551, Second tract) along a northern line of the Milia B.
White heirs (PIN 0479-53-7215, Deed Book 2246, page 311) tract, along the northern line of Lot 2 as
shown on plat of the Marvin Lewis Division, prepared by Lewis G. Paschal, RLS, dated Aug. 1990 and
recorded in Book of Plats 73, page 81 (PIN 0479-42-8342, Michael Andrew Syfrett and wife, Petra
Syfrett, Deed Book 3779, page 704), crossing a portion of Kubinski Street (PIN 0479-42-5169), and
crossing onto SR 41876 (Boykin Road) North 76 degrees 22 seconds West 823.79 feet to a point in
the right-of-way of Boykin Road, said point being in the Leandrews McCoy et al. eastern line
(formerly Margaret M. McMillan, PIN 0479-42-1845, Deed Book 4085, page 680, Third tract), said
point being located 45.32 feet south of the northern margin of SR # 1876;
and runs thence along the Leandrews McCoy et al. eastern line, North 24 degrees 55 minutes East
460.02 feet (crossing 45.32 feet to the northern margin of Boykin Road and then continuing 414.70
feet) to an existing iron stake in the run of the branch, the northeast corner of the Leandrews McCoy et
al. tract;
and runs thence along the Leandrews McCoy et al. northern line, North 67 degrees 05 minutes West
494.97 feet to the northwest corner of the said Leandrews McCoy et al. tract;
and runs thence along the Leandrews McCoy western line, South 24 degrees 55 minutes West 246.15
feet to an iron stake, the northeast corner of the David and Lisa Geddie 27.64 acre tract as shown on
plat of Division of Lot 1-A PB 77 PG 73 David & Lisa Geddie, prepared by George L. Lott,
Professional Land Surveyor, dated May 2004 and recorded in Plat Book 111, page 170 (PIN 0479-23-
7043, Deed Book 4991, page 494);
and runs thence along the northern line of the said David and Lisa Geddie 27.64 acre tract, North 67
degrees 44 minutes West 2039.9 feet to an iron stake, the northwest corner of said 27.64 acre tract
located in the eastern line of the Billie McGirt Everett Coston 83.23 acre tract (PIN 0469-86-0656,
Deed Book 2469, page 564);
and runs thence along the eastern line of the Billie McGirt Everett Coston 83.23 acre tract, (Book
2469, page 564, Fourth Tract) North 24 degrees 00 minutes East 1135.92 feet to an iron stake;
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and runs thence along the eastern line of the Alfred T. Williams 30.57 acre tract (PIN 0479-15-5432,
Deed Book 2167, page 610), North 29 degrees 54 minutes East 693.49 feet to an existing iron stake,
the northeast corner of the said Alfred T. Williams tract;
and runs thence along the northern line of the said Alfred T. Williams 30.57 acre tract, North 60
degrees 46 minutes West 372.24 feet to a corner at the branch (corner chops found), the southeast
corner of the Louise Blackmon White 47.88 acre tract (PIN 0479-26-2506), Lot 2, as shown on plat of
Physical Survey of Blanche W. Blackmon Estate Division, prepared by Michael E. Plummer, RLS,
dated 10-26-91, recorded in Plat Book 78, page 6;
and runs thence along the eastern line of the said Louise Blackmon White 47,88 acre tract (PIN 0479-
26-2506) and continuing along the line of the Gail M. Blackmon 27.64 acre tract (major portion of Lot
1 as shown on plat of Physical Survey of Blanche W. Blackmon Estate Division, prepared by Michael
E. Plummer, RLS, dated 10-26-91, recorded in Plat Book 78, page 6, PIN 0479-27-7508), North 29
degrees 23 minutes 36 seconds East 2437.25 feet to an iron stake, the northeast corner of the Gail M.
Blackmon 27.64 acre tract (PIN 0479-27-7508, Deed Book 3739, page 109) in the southeastern line of
the Jasper C. Williams and James McNeill Williams 31.71 acre tract (PIN 0479-28-8759, Deed Book
3375, page 645), this iron stake being the POINT OF BEGINNING, containing 318 acres, more or
less, including the land subject to the Right of Way Agreement dated 01/23/1969, executed by Emaline
M. Walker to the State Highway Commission recorded in Book 2149, page 382, for the right of way of
SR #1876 (Boykin Road).
Subject to the SR #1876 (Boykin Road) Right of Way Agreement dated 01/23/1969 granted by
Emaline M. Walker to the State Highway Commission recorded in Book 2149, page 382, Cumberland
County Registry.
Data from a survey and unrecorded composite Map dated 1-18-82 by W. R. Lambert, RLS, for Hugh
Walker and Richard A. Walker. Ownership of the adjoining tracts is updated.
BEING the 104 acres, more or less, tract (Cumberland County PIN 0479-46-4301), the 173.70 acres,
more or less, tract (Cumberland County PIN 0479-34-8252), and the 33.5 acres, more or less, tract
(Cumberland County PIN: 0479-57-1134) conveyed by a deed dated 10/26/2009 from J. Duane
Gilliam to 3340 Investments, LLC, recorded in Book -14 , page ]pO, Cumberland County
Registry.
For further history of title see:
(1) Deed dated 07/28/2005, recorded in Book 6961, page 551, Cumberland County Registry, from
Suntrust Bank, Personal Representative of the Reginald O'Keith Frazier Estate and Trust to J. Duane
Gilliam (33.5 acre, 104 acre and 173.7 acre tracts);
(2) Deed dated 10/21/2003, recorded in Book 6326, page 167, Cumberland County Registry, from
Triangle East Timber Company, Inc. to Reginald O. Frazier (33.5 acre, 104 acre and 173.7 acre tracts);
(3) Deed dated 04/09/2000, recorded in Book 5256, page 11, Cumberland County Registry, from
Richard A. Walker et al. to Triangle East Timber Company, Inc. (33.5 acre, 104 acre and 173.7 acre
tracts);
(4) Deed dated 04/10/1990, recorded in Book 3571, page 457, Cumberland County Registry, from
Ettrice R. Walker to Hugh M. Walker (33.5 acre, 104 acre and 173.7 acre tracts);
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(5) Deed dated 11/14/1985, recorded in Book 3107, page 392, Cumberland County Registry, from
Edith H. Walker to Richard A. Walker (33.5 acre, 104 acre and 173.7 acre tracts);
(6) Deed dated 12/14/1979, recorded in Book 2747, page 781, Cumberland County Registry, from
Emmaline McPhail Walker to Hugh M, Walker et al. (33.5 acre, 104 acre and 173.7 acre tracts);
(7) Deed dated 01/1611934, recorded in Book 379, page 46, Cumberland County Registry, from J. A.
Bain and wife, Mary Jane Bain, to R. T. Walker and wife, Emaline Walker (104 acre tract);
(8) Report of Commissioners in division of the H. A. McPhail Estate dated 12/17/1913, and Final
Order dated 01/12/1914, recorded in Book 178, page 40 et seq., Cumberland County Registry, making
allotment of Lot No. 6 to Emmaline McPhail (33.5 acre and 173.7 acre tracts);
(9) Will of William J. McPhail duly probated and recorded in Book of Wills "F", page 86, in the office
of Clerk of Superior Court of Cumberland County, with devise to his granddaughter, Mary Jane
McPhail (Bain) (104 acre tract);
(10) Deed dated 08/27/1886, recorded in Book 88, Page 497, Cumberland County Registry, from
William B. Jackson and wife, Laura R. Jackson, to William J. McPhail; deed dated 12/21/1885,
recorded in Book 88, Page 496, Cumberland County Registry, from L. N. A. Bunce to William B.
Jackson; deed dated 04/18/1885, recorded in Book 77, Page 639, Cumberland County Registry, from
Thomas J. Baker and wife, Isabella Baker, to L. N. Bunce (104 acre tract).
(11) Deed dated 04/18/1885, recorded in Book 79, Page 299, Cumberland County Registry, from L. N.
A. Bunce to Margaret Ella McPhail; and deed dated 04/18/1885, recorded in Book 77, Page 639,
Cumberland County Registry, from Thomas J. Baker and wife, Isabella Baker, to L. N. Bunce
(northern 50 acres of the 173.7 acre tract).
(12) Deed dated 01/02/1894, recorded in Book 124, Page 97, Cumberland County Registry, from
James Holmes and wife, Jane Holmes, to W. J. McPhail; deed dated 12/30/1893, recorded in Book
124, Page 96, Cumberland County Registry, from Abram Boykin, Executor of Doublin McNeill, to
James Holmes; and deed dated 05/10/1879, recorded in Book 65, Page 469, Cumberland County
Registry, from H. Dollner et al. to Dublin McNeill (southeastern portion of the 173.7 acre tract).
There is excepted from this conveyance the 30.37 acre tract that was conveyed by J. Duane Gilliam
to David Geddie and wife, Lisa Geddic, by a deed dated 10/27/2006 recorded in Book 7405, page 211,
Cumberland County Registry (that now has a PIN number of 0479-33-0549) said excepted tract having
been described and conveyed as follows:
"BEGINNING at an iron stake, the 9th corner of the 173-7/10 acre tract conveyed as the SECOND
TRACT in a deed dated July 28, 2005, recorded in Book 6961, page 551, Cumberland County
Registry, from SunTrust Bank, acting as Executor and Trustee, to J. Duane Gilliam, and runs
thence with the 9th line of said 173-7/10 acre tract along with the formerly Sessoms line (now
David and Lisa Geddie PIN 0479-23-7043) North 69 degrees 30 minutes West 30.80 chains
(2032.8 feet) to a stake driven in the ground, formerly Sessoms corner (now David and Lisa Geddie
PIN 0479-23-7043) in formerly D. A. Bain's line (now Billie McGirt Everett Costin PIN 0469-86-
0656), the 1 Oth corner of the said 173-7/10 acre tract; and runs thence with thelOth line of the said
173-7/10 acre tract with formerly D. A. Bain's line (now Billie McGirt Everett Costin PIN 0469-
86-0656) North 22 degrees East 8.03 chains (530 feet) to a point in said line; and runs thence, along
a new line, South 85 degrees 00 minutes East 19.697 chains (1,300.00 feet) to a point; and runs
thence, along a new line, South 30 degrees 46 minutes 44 seconds East 15.049 chains (993.23 feet)
to a stake driven in the ground, the 8th corner of the said 173-7/10 acre tract in formerly Boykin's
corner (now Leandrews McCoy et al. PIN 0479-42-1845); and runs thence along the 8th line of the
said 173-7/10 acre tract along the western line of the formerly Boykin line (now Leandrews McCoy
et al. PIN 0479-42-1845), South 22 degrees 27 minutes West 3.88 chains (256.08 feet) to an iron
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stake, the POINT OF BEGINNING, containing 30.37 acres, more or less, that is taken from the
southwest corner of the 173-7/10 acre tract conveyed as the SECOND TRACT in a deed dated July
28, 2005, recorded in Book 6961, page 551, Cumberland County Registry, from SunTrust Bank,
acting as Executor and Trustee, to J. Duane Gilliam."
TO HAVE AND TO HOLD said lands and premises, together with all privileges and
appurtenances thereunto belonging unto the GRANTEE, and his heirs and assigns, in fee simple
forever.
And the said GRANTOR covenants that it is seized of said premises in fee and has the right to
convey the same in fee simple, that the same are free from encumbrances and that it will warrant and
defend the title herein conveyed against the lawful claims of all persons whatsoever.
IN TESTIMONY WHEREOF, GRANTOR has executed this deed the day and year first above
written.
3340 Investments, LLC
By: ! �. —-'�."u_`�7nv. ✓f�./irl`� `,
uane Gilliam, Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF CUMBERLAND
I, a Notary Public of North Carolina, certify that J. Duane Gilliam (who is personally known to
me) personally appeared before me this day and acknowledged to me that he that he is
Member/Manager of 3340 Investments, LLC, a North Carolina limited liability company, and being
authorized by 3340�ay4sstments, LLC and as the act of 3340 Investments, LLC voluntarily signed the
foregoing docg jRjg' *!nber/Manager for the purposes stated therein.
WI SSpWd anANotarial stamp or seal this the 26`h day of October, 2009.
2P
�y�'.��,�, $•` (Signature of Notary Public)
�'a•�FSGN COv� • Ellen P. Newton
(SEAL)(N.R Sc Atlary Public
My Commission Expires: 04-19-2011 GG//ii JJ