HomeMy WebLinkAbout20180760 Ver 2_Modification Request Attachment_20210413 (4)i■ WithersRaven&&
PPIP
PROPERTY DEED
MAR 0 4 2021
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DEED OP RELEAS s
This instrument, a Deed of Release, made by the United State. of America, meting by
and through the Director, Southern Region, of the Metal Aviation Adraini.tratian,
Department of Transportation Under and pursuant to the Powere and eilthOtity remained
in the provisioner of Public L+i, 311, 81st Congress, (63 Stet. 700), as amended, to the
County of New ttnover, a Andy politic under the lama of the State of North Carolina,
witneaseth
WEREAS,
The United States of America acting by and through the War Assets Administrator and
the General Servites Administrator under and pursuant to the power. and authority
contained in the provialons of the Surplus Property Act of 1944, as amended, and
applicable rules, regulations and orders, did by lusty manta of Transfer dated
December 8, 1947, Hay 7, 194g and September 18, 1961, remade, release and forever
quitclaim to the County of New Hanover, Forth Carolina, a body politic under the
lava of the State of North Carolina, its successors end aeeigne, .11 rights, title
and interest of the United States of America in and to certain property known as
8luethenthal Field, oleo known es Nev Hanover County Airport, subject to certain terms,
conditions, reservations, and restrictions and,
The County of New Hanover has requested the United State. of America co release the
hereinafter described property from all terms, conditions, reservations. and
restrictions of said Inatrunente of Transfer and,
The Director, Southern Region of the Federal Aviation Adminiatration hat determined
that the release of the property hereinafter described Mill not prevent accomplishing
the purpose for which the property was made subject to the terms, condition., reser-
vation., or testrictlone, and is aeceeeary t0 protect or advance the interests of
ene United States in Civil aviation,
Nc7t1 TNER2FCR£
.c
For and in conaideratioe of the above-expreeaed recitals and of the benefits to
accrue to the United Staten and to civil aviation, the United States of America,
upon inclualon by the County of New Hanover in the initrumaata of Transfer conveying
title to the hereinafter described real property of provietons as follow;
(1) That the County of New Hanover reserve unto itself its aucteeeore and
eseigna for the uee and benefit of the public a right of flight for the passage
of ctvil_end military aircraft in the airspace above the surface of the real
MAR 0 4 2021
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property hereinafter described, together with the right to cameo in said
airspace such noise as may be inherent in the operation of civil and -military
aircraft, now known or hereafter used, for navigation Of or flight In the
said airapaco, and for use of said airspace for landing on, takingoff frois
or operating on the Nev Renewer County Airport,
(2) That the County of New Hanover reserves few itself its auccesaore sad aesigw
for the use and benefit of the Department of Defense the right to operate an
New Hanover County Airport any electromagnetic radiating device without.
restriction.
(3) That the Grantee Expressly agrees for itself, ice amassasora and assigns
to restrict the height of structures, objects of natural growth and other
obstructions on the hereinafter dead:abed real property to a height of not
more than 160 feet above sea Ievel.
(4) That the Grantee expressly agrees for itself, its auceeaeors and assigns to
prevent any use of the hereinafter described real property which would inter-
fere with landing or taking off of civil or military aircraft ae the New
Hanover Airport, including electronic interference and control of electro»
magnetic spectrum radiation that might inhibit airport operations, or other-
wise constitute an airport haterd,
hereby releaaea the said real property from the terms, conditions, reservations and
restrictions as contained Le the above -mentioned Instruments of Transfer from the
United States of America to the County of Now Hanover dated December 8, 1947; Hay T,.
1948 and September 18, 1961, which real property is described 116 follows:
AEE of that certain tract or parcel, of land lying and being to the Cape Year
Township, New Har:OVer County, North Carolina and being a part of New Hanover
County Airport:
8EGINNING at a concrete monument, a common corner of New Hanover County
Airport and Electric Bottling Company, said monument being Eferth 79 degrees
38 minutes East along a common line of the above owners 1000.0 feet from en
old concrete monument, another common corner of .aid owners, !aid oft
monument,heing North 33 degrees 19 minute* East *long another no®n4 line
of said owners 687.36 feet from another old concrete monument, is common
corner of said owners, this' old monument being South 59 degrees 30 minutes
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East along another common line of raid owners 592■02 feet from an old
concrete monument in Cho Eastern lino of the A,CLg . R, right-ofway
(136,0 teat tide and baing the Wilmington and Weldon Branch)` running
thence from said Beginning point North 3 dagrten 18} minutes Host along a
common line of said owners 208.71 Teed thence North 79 degrees 37-3/4
minutes £sat 97.23 feet to a concrete monument in the Western line Of
State Road No. 1311 (60-foot right-of-way); thence South 2 degrees 8§ minutes
Vest along said line of said Rood 210.0 feet to d concrete monument; thence
South 80 dogreea 53 edrutea West 101.18 feet to the point of Beginning, the
!sue containing 0.465 acres and being a portion of the New Hanover County
Airport tract.
Ey Its acceptance of this Deed of Releaser the County of Nev. Hanover covenants and
agrees for itstlf, its eutcessors and eeeigns, to comply vtth ■nd oboerve all of
the conditions and limitations hereof, ;Mich are expressly limited to the above-
described real property.
IN WITNESS WNERE9e, In UNLTED STATES OF AMR /CA hoe caused this Instrument to
be execited as of the � day of nn
, 19
. CRa/TED STATES OF ZMERICA
The Administrator of the Federal Aviation Administration
(SEAL)
Actor, Southern Region
Federal Aviation Administration
Department of Transportation
MAR 0 4 20
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bra+4 817 'ACE 871
STATE OF GEORCIA)
)se
COUNTY OF YULTON)
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On this laday ofa�,tf...;J , 19 before me,
41.44,c ), a Notary Public in and for the County of
, State of cJ , pe>•aonaily appeared
, known to ma to ba the Director, Southern Region,
Federal Aviation Administration, and known to me to be the peteon whose nay is
subscribed to the within Instrument and acknowledged that he executed the mama an
behalf of the Administrator of the Federal Aviation Adrrinistratioa and the United
State' of America,
WITNE5S my hand and official seal.
ACCE PCE'ii:
New Hanover County. North Carolina (SEAL)
By -
Titli
iNAUCH0,1 tut', 7M¢, ZeReP
Notary Public in and far said`Stetlyand Count,:..,..
•
Hy Commission Empires%
5r'ATE tir NORTH CAROLINA
Rt. ttwrelit County
The F icing CetrUhcete of
, of
Notary Public of tee-iLlr.er Cewn%
edjad£ed to be correct. Let. the Inew•
dent with the Certitkata ha rroardwi
Ilr we b1 !7
Tale 1!11 ti
dry at -K la 1
�. r�..c+..+.. 43. 4-LrrN
0,4:.cyst` Pepnlw Own.
Received and Recorded
SEP 26 1167 . i :.f `M.
Gera[...45 r....c„, Register of Deed&
MAR 0 4 2021