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HomeMy WebLinkAbout20180760 Ver 2_Modification Request Attachment_20210413 (4)i■ WithersRaven&& PPIP PROPERTY DEED MAR 0 4 2021 • r. ;Km 81'7 tog 858 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 toot 817 ►u 869 2 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 MAR 0 4 2021 ease 817 PAGt 870 3 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 4 bra+4 817 'ACE 871 STATE OF GEORCIA) )se COUNTY OF YULTON) 4 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