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HomeMy WebLinkAboutSW1210502_S-DOC-1901780-Tiltin B Recorded Deed-2020-05-05_20210519BK 3487 PG 435 - 437 (3) DOC# 924326 This Document eRecorded: 05/05/2020 Fee: $26.00 Henderson County, North Carolina William Lee King, Register of Deeds 10:45:37 AM NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax $1,305.00 Tax Parcel Identifier Nos. 9642-45-3374 (portion) and 9642-34-4448 (portion) This instrument was prepared by: Gregory S. Hilderbran of Hilderbran Hitchcock PA, 301 College Street, Suite 110, Asheville, NC 28801 This instrument was prepared by Gregory S. Hilderbran, a licensed North Carolina attorney, Delingwill taxes, if any, are to be paid by the closing attorney to the County Tar Collector upon disbursement of the closing proceeds. Mail/Box to: Adrian D. Boddie, Troutman Sanders 301 S. College Street, 34"' Floor, Charlotte NC 28202 Brief description for the Index: 2.795 acres and 2,008 acres Boylston Highway THIS DEED is to be effective the 5 day of �O , 2020 and is by and between GRANTOR GRANTEE TILTIN' B, LLC, ALM ASHEVILLE, LLC, a North Carolina limited liability company a Delaware limited liability company 7 Beaverdam Road 9830 Colonnade Blvd Suite 203 Suite 600 Asheville NC 28804 San Antonio TX 78230 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in Henderson County, North Submitted electronically by "Allen, Stahl, & Kilbourne, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Henderson County Register of Deeds. BK 3487 PG 435 - 437 (3) DOC# 924326 Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. The property hereinabove described is a portion of the property acquired by Grantor by instrument recorded in Book 1011 at Page 291 in the Office of the Register of Deeds for Henderson County, North Carolina. A map that includes the above -described property is recorded at Plat Slide 12360 in the Office of the Register of Deeds for Henderson County, North Carolina. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: ad valorem taxes for 2020; zoning ordinances and building codes; improvements that are in place; and easements, rights -of -way and covenants of record. No portion of property herein conveyed includes the primary residence of the Grantor. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. TILTIN' B, LLC, a North Carolina limited liability company (Seal) Elbert S rown, Jr., Member and Manager STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE 1, a notary public of the state of North Carolina and the County of Buncombe, certify that the following person personally appeared before me this day, and he acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Elbert S. Brown, Jr. as a Member and Manager of Tiltin' B, LLC, a North Carolina limited liability company. Witness my hand and official stamp or seal, this the 41 day of May, 2020. O0��Notary P4�S,Q` _`� r `�, b1c O Aid Print Name: t" 1 {' [Nate: Notary PublicQiusilsign exactly as on notary seal] to,p��y �My Commission Expires: Moa Ncc [NOTARY SEAL] (MUST BE FULLY LEGIBLE) BK 3487 PG 435 - 437 (3) DOC# 924326 EXHIBIT A TO SPECIAL WARRANTY DEED (Legal Description of Property Conveyed to ALM Asheville, LLC) Being a portion of the real property conveyed to Tiltin' B, LLC as described in that deed recorded in Book 1011 at page 291 in the Office of the Register of Deeds for Henderson County, North Carolina, and being more particularly described as follows: The point of beginning is the following four calls from North Carolina Geological Survey Monument "Boylston" (having the North Carolina plane coordinates of N(y) — 625.717.43' and E(x) = 942.955.32') (NAD 83/2011): South 49 degrees 58 minutes 27 seconds East 221.78 feet to a NC Department of Transportation right-of-way disk at the margin of the eastern right of way for Boylston Highway; thence with the margin of the right-of-way for Boylston Highway North 50 degrees 26 minutes 31 seconds East 136.12 feet to an unmarked point; thence South 42 degrees 17 minutes 17 seconds East 298.89 feet to an unmarked point; and thence North 05 degrees 17 minutes 32 seconds East 5.75 feet to an iron pipe set, which iron pipe is the place of beginning; and from the point of beginning South 05 degrees 17 minutes 32 seconds West 512.04 feet to an unmarked point; thence South 05 degrees 17 minutes 32 seconds West 709.17 feet to an iron pipe set; thence South 84 degrees 11 minutes 55 seconds East 171.00 feet to an iron pipe set; thence North 05 degrees 18 minutes 50 seconds East 1,222.73 feet to an iron pipe set; thence North 84 degrees 42 minutes 28 seconds West 171.46 feet to the point and place of beginning. Also being that parcel identified as '42.795 AC. +l- PORTION OF TAX PARCEL #800374 TO BE COMBINED INTO LOT 1" as shown on that plat recorded at Plat Slide 12360 in the Office of the Register of Deeds for Henderson County, North Carolina, and that parcel identified as "2.008 AC. +1- PORTION OF TAX PARCEL 99968359 TO BE COMBINED IN TO LOT I" on that plat recorded at Plat Slide 12360 in the Office of the Register of Deeds for Henderson County, North Carolina. Together with the following easements to benefit and run with the property conveyed to Grantee by the deed to which this exhibit is attached: an easement over and upon that "60' Right of Way" as such easement area is described in the easement agreement recorded in Book 1193 at Page 699 in the Office of the Register of Deeds for Henderson County, North Carolina. Such easement may be used for the purpose of providing access to and from Grantee's property and Fanning Fields Road (SR 1354) and for installing, connecting to, using, maintaining, repairing and replacing utilities and utility -related infrastructure for the benefit of Grantee's property.