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HomeMy WebLinkAboutSW3200903_Deeds_2882_28821847_20201006FILED SK2882 2882 CATAWBA COUNTY �� I 1847 DONNA HICKS SPENCER REGISTER OF DEEDS FILED Dec 19, 2007 AT 03:06:48 pm BOOK 02882 START PAGE 1847 END PAGE 1848 INSTRUMENT # 32423 EXCISE TAX (None) l� BR Revenue Stamps $ d '� DEED FOR HIGHWAY RIGHT OF WAY THIS INSTRUMENT DRAWN BY Jermaine Jordan CHECKED BY, fRETURN TO: Rodney K. Hatton, Division Right of Way Agent 1605 Westbrook Plaza Drive, Suite 201 Winston-Salem, NC 27103 NORTH CAROLINA STATE HIGHWAY PROJECT: 40930.2.1 COUNTY OF Catawba PARCEL NUMBER: R-4911 021 PARCEL ID 361903418379 ROUTE: NC Highway 10 THIS FEE SIMPLE DEED, made and entered into this the 17 day of by and between a North Carolina Limited Liability 20 I2_- hereinafter referred to as GRANTORS, and the Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the Department; WITNESSETH That the GRANTORS, for themselves, their heirs, successors, and assigns, for and in consideration of the sum Of $ 1.00 agreed to be paid by the DEPARTMENT to the GRANTORS, do hereby give, grant and convey unto the DEPARTMENT, its successors and assigns, in FEE SIMPLE that certain property located in Jacobs Fork Township, Catawba County, North Carolina, which is particularly described as follows: Right of Way Right Point of beginning being the west corner of the undersigned, and being S 31055'11" E, 19.12 feet from of a Point in the Center Line of -L-, Sta. 44+00; thence to a point on a bearing of S 27°18'38" E, a distance of 36.7 feet (11.18 meters); thence to a point on a bearing of N 5114 1"3" E, a distance of 305.9 feet (93.23 meters); thence to a point on a bearing of N 38118'47" W, a distance of 15.0 feet (4.57 meters); thence along a circular curve 580.6 feet (176.96 meters) and having a radius of 2904.8 feet (885.38 meters). The chord of said curve being on a bearing of N 45057'41" E, a distance of 579.6 feet (176.66 meters); thence to a point on a bearing of N 49145'52" W, a distance of 5.0 feet (1.52 meters); thence to a point on a bearing of N 40014'08" E, a distance of 204.9 feet (62.47 meters); thence to a point on a bearing of N 51109'13" W, a distance of 5.0 feet (1.52 meters); thence to a point on a bearing of S 40114'08" W, a distance of 135.9 feet (41.41 meters); thence along a circular curve 605.6 feet (184.58 meters) and having a radius of 3030.0 feet (923.55 meters). The chord of said curve being on a bearing of S 45°57'41" W, a distance of 604.6 feet (184.28 meters); thence to a point on a bearing of S 51°41'13" W, a distance of 339.6 feet (103.52 meters); returning to the point and place of beginning. Having an area of 21464.3 Sqr Feet (1994.10 Sqr Meters) being 0.5 Acres (0.20 Hectares) IN ADDITION, and for the aforestated consideration, the GRANTORS further hereby convey to the DEPARTMENT, its successors and assigns the following described areas and interests: Temporary Construction Easement Right Point of beginning being a point in a southwest line of the undersigned, and being S 28°53'23" E, 55.75 feet from of a Point in the Center Line of -L-, Sta. 44+00; thence to a point on a bearing of N 51 °41'13" E, a distance of 209.1 feet (63.74 meters); thence to a point on a bearing of S 38°1847" E, a distance of 10.0 feet (3.05 meters); thence to a point on a bearing of S 51141'13" W, a distance of 211.1 feet (64.33 meters); thence to a point on a bearing of N 27°18'38" W, a distance of 10.2 feet (3.11 meters); returning to the point and place of beginning. Having an area of 2101.0 Sqr Feet (195.19 Sqr Meters) being LESS THAN 1 Acres (0.02 Hectares) Temporary Construction Easement Right Point of beginning being the west corner of the temporary construction easement, and being N 59°21'51" E, 299.42 feet from of a Point in the Center Line of -L-, Sta. 44+00; thence to a point on a bearing of S 38°18'47" E, a distance of 15.0 feet (4.57 meters); thence along a circular curve 583.6 feet (177.87 meters) and having a radius of 2919.8 feet (889.95 meters). The chord of said curve being on a bearing of N 45°57'41" E, a distance of 582.6 feet (177.57 meters); thence to a point on a bearing of N 37026'44" E, a distance of 205.4 feet (62.61 meters); thence to a point on a bearing of N 51°09'13" W, a distance of 10.0 feet (3.05 meters); thence to a point on a bearing of S 40114'08" W, a distance of 204.9 feet (62.47 meters); thence to a point on a bearing of S 49045'52" E, a distance of 5.0 feet (1.52 meters); thence along a circular curve 580.6 feet (176.96 meters) and having a radius of 2904.8 feet (885.38 meters). The chord of said curve being on a bearing of S 45°57'41" W, a distance of 579.6 feet (176.66 meters); returning to the point and place of beginning. Having an area of 11807.4 Sqr Feet (1096.95 Sqr Meters) being 0.3 Acres (0.11 Hectares) FRM7-A R/W D-1 Page 1 of 2 2882 OK 1 :Catawba Proiect:40930.2A Parcel: R-4911 02 SPECIAL PROVISIONS. This deed is subject to the following provisions only: IT IS UNDERSTOOD AND AGREED that the Department shall have the right to construct and maintain the cut and/or fill slopes in the above described area until such time that the property owner(s) alter the adjacent lands in such a manner that the lateral support of the cut and/or fill slopes is no longer needed. Any additional construction areas lying beyond the cut and/or fill slopes and extending beyond the right of way limits will terminate upon completion of the project. The property hereinabove described was acquired by the GRANTORS by instrument(s) recorded in the Catawba County Registry in Deed Book 2488 Page 0555 The final right of way plans showing the above described right of way are to be certified and recorded in the Office of the Register of Deeds for said County pursuant to N.C.G.S. 136-19.4, reference to which plans is hereby made for purposes of further description and for greater certainty. The GRANTORS by the execution of this instrument, acknowledge that the plans for the above referenced project as they affect their remaining property have been fully explained to them or their authorized representative, and they do hereby release the Grantee, its successors and assigns from any and all claims for damages resulting from the construction of said project or from the past, present or future use of said premises herein conveyed for any purpose for which the said Department is authorized by law to subject the same. TO HAVE AND TO HOLD the aforesaid premises and all privileges and appurtenances thereunto belonging to the DEPARTMENT, its successors and assigns in FEE SIMPLE, or by easement as indicated, for the past, present and future use thereof and for all purposes which the said Department is authorized by law to subject the same. And the GRANTORS covenant with the DEPARTMENT, that the GRANTORS are seized of the premises in fee simple, have the right to convey the same in fee simple, or by easement as indicated, that the title thereto is marketable and free and clear of all encumbrances, and that the GRANTORS will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is hereby conveyed subject to the following exceptions: NONE IN WITNESS WHEREOF, the GRANTORS have hereunto set their hands and seals (or if corporate, has caused the instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors) the day and year first above written. Oakwood Farm (Corporate Name) ) BY: Faiagcr t) may, gran , ATTEST: (S tary Corporate Seal RO0L SEAL J NOLES NO7I PUBUCGGEOFIG�A Co NT/ OF PA1JL01NQ My comet"on Expires WOW 1, 2010 (Stamp/Seal) ACCEPTED/ BY: / (SEAL) (SEAL) (SEAL) (SEAL) THE DEPARTMENT OF TRANSPORTATION STATEOFQ O I, ► lv v and State, certify that personally came before met 44,1VIIIH on -- of a cp Lion, nd orthat he/she. as COUNTY OF Notary Public for said that he/she being authorized to do so, executed the foregoing on behalf of the corporation. ,Witnqjs my hand and official stamp or seal, this the day of " 20 My commission expires The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered on ,20 in Book , Page REGISTER OF DEEDS FOR tsy: Deputy/Assistant - Register of Deeds day of o'clock _ M. COUNTY FRM7-A R/W D-1 Page 2 of 2