HomeMy WebLinkAboutSW1191201_Property Deed_20210818No. BB —RECORD OF DEEDS
STATE OF NORTH CAROLINA
COUNTY OF BUMM
TEUS DEED, ?lade this the lat, day of September. A.D., 1945, by Ben X. Leonard and wife,
EvIa Leonard, of Burke County, State of North Carolina, parties ofthn First part, to
The State Hospital at Morganton, a Departmental Corporation of the State of North
Carolina. party of the second part:
W I T N R B 8 E T H r
THAT TER SAID PANTIL'S OP THE FIRST PART, in oonaiderationaf the Sum'of Sixteen Thousand
Dollars, to them paid by the pety of the Sam nd part, the receipt of Which is hereby
acknowledged, have bargained and sold and by these presents do bargain, sell and convey
unto the said party of the Seo aid part, its suceeesors and asaigns, all those certain
traeta or parcels of land lying and being in Morganton Ttirnahip, Durke County, State of
North Carolina, adjoining the lands of S,W. Roylar, Shuping and others and bounded
as follows: viz
FIRST TRACTr
a Chestnut sapling, now a eboatnut stump, the ❑rglnal corner of
the.old-aurvep, sod, runs North 42 degrees Wast, [non North 40 deg. Wost) 1700
feet to,a stake in the ❑reek= Usnoo down the meandera of the Croak the. XDllonieg
courses and distances; North 35 dogr000 Beset, 200 feet; North 45 degrees East,
165 feet, to the Mouthy of a small branch; thence up the meanders of the shall
branch the follaeing coursoa and dIatanoee; North 80 degree Pleat, 140 Peet,
North 16 ddgraes, West, 06 feet; North 63 degrees West, 120 feet,• North 77
degrees, Went, 115 foot; South 75 degrees Waist 60 feet; North 66 degraeo West,
159 feet to a stake In road, over bri4p; thence North 57 degrees best 110
feet; thence North 26 degrees West, 100 feet; thence North 70 degrees West,
100 fast; thonca North 60 degroos West.90 feet; thence North 48 degrees hest
100 £eat• thence North 31 degrees West 139 feet; tbonca North 44 degrees
Want, 15� feet; thence North 54 degrees Wo st, 1Z4 Peet to a -stake ip o-.Sna11
branch on or in the old line; thence North 42 degrees East {now. North 45
degrees L4ast), to Shuping line, 987 feet to a atone; 3hupingls comer- thence .
same course North 45 de oes East to Carswell's line, 380 feet to an Iron pipe;
the old corner; thence North 70 degrees East with Carsuell}a line. 276 feeE
to a stake and pointers,• old ljatt and Carswell, oorner; thence South 71 desg.
East with the old marked line, 4106 feet to a atone, the old corner; thanoe
South where the old m rner, stood; thence North 88 d egroea Wast 4375 feet to
the BEGINNIND ---Containing 309 acres, more or least
Being the same land conveyed by W.R.Uullis to B.d.Loonerd, by dead dated
September, 20th, 1943, andragistorad in Office of Register of beads of Burke
0ounty, In Book No. 57, page 123; also name land by B.M. Leonard and wifo,
Eula Leonard to W.R. Mullis by deed dated Ap2-11, 22nd., 1943, and registered
in Book No. 57, page 14, Also being same land conveyed by Charles T. Leonard
and rife, Minnia Leonard to B.H. Leonard and wire, Eula Leonard by deed dated
November, 11th, 1942. and registered in Book No. 54, Page 553--�urther reference
is made to the chain of title set out in the above referred oonvoyannast
SECOND TRACTr
o a Maple at the head of a d ltah, the old corner, and runs South
15 degrees West with the line of Lot 'a
lloe, 3, and 4, 300 foot to a stakel thence
South 70 degrees 30 Minutes East with the line -if Lot No. 3, 558 feet to a stake,
In the creek; thence up the meanders of the creek the folloeing couraee and
distances; South 6 degrees 30 Minutes West, 165 foot; South 42 degrees Mat,
1i18 feet; South 47 degrees West, !}83 feet; South 67 dogrooa Vest, 100 feet,
Nortb 75 degrees Went, 90 feat; South 15 degreeg Wast, 135 feet to a ild pho-tu
tree, the Northwest corner of lot No. 5; thence North 71 degrees 'Teat with the
old marked line, 2050 feet to a stale In the edge of the field; thence North
71 degrees East, vdth the old line, 21}67 feet to the point of BEGM, INO
Containing 46 acres, more or 1083t--Balne the same tract of land conveyed byS.
W. Royler, Ouardian for Va being -ale Caroviall Hale, to Ben Lcarts of Lot Honard, deed dated
2nd. dap of September, 1yM and Lot 16. , and 6pas.��, and
J, as oat out in R� port of Commineionore in Special Proceeding re—oraeq n Book
Number 20, of gpeofal, proceedings Pages 5, to 15, to :which referance in madet
STAMP: $2q.60
TO HAVE AND To ROTD, the aforesaid tracts or parcels of i8nd,and all privileges and
appurtenances thoraunto belonging, to it, the said party of tba second part, its
successors and assigns feravert
And the parties of the First part covenant with the party of the second part that they
are seized of said premises in fee and have the right to convey the same in fee simple;
that the same are free from all encumbrances; and that they will warrant and defend
the title to the same against the claims of al -I persons whomsoever,
IN TESTIMONY ''';iTLFCOF', the said parties of the first part have hereunto set their bands
apd.seala, the day and year first above written:
Ben U. Leonard SEAT
Eula Leonard SEAL
92
No. 66—RECORD OF DEEDS
NORTH CAROLINA
BURKE COUNTY
I, 7.F.Bowers, Clerk Superior Court of Surka Cvun y, N.C., do hereby certify that Ben
M. Leonard and Eula Leonard, his wife, pereonally appeared beforo me this day and
aoknowladged the due exenution of the foregoing d ad of conveyance. Let the insturment,
together with the certificate, be registeredr
WITNESS, My hand, this the Is t, day of September, 11945:
i
i S.F.Bowers
Qlar'k bUperior 15ourt, ur a. .a.
Filed for registration the 8th. day of September, 1945, at 11:30 AM, and registered
this the llth. day of September, 1945, at 1:30 PM
S TER OF bs
NORTH CAROLINA
$IJ COUNTY
THIS EED, Made this the 31st, day of August, 194% by O.Lee Horton, and wife, Mozelle
K. H.
ton, of Parke County, State of North Caroli , parties of the First pert, to Ben
M. Leo rd, of Burke County, State of North CarOli a, part of the Second part:
W I T N E S S E T H: 1
THAT 71,1.EAS, On January, 17th, 1941, Paul M- D le
D. Lee Horton, Truatee the land hereinafter deecr
recorded in roe ffo. 49, page 139, in office of Re
that thereafter d on same day 0. Lee Horton conv
Carswell Dale, whi h eaid deed is recorded in Book
of Deeds, and that either of said deeds set out a
to perform and that wife of the said O.Lee Nor
conveyance, as afores d, and some question has be
dower, and whereas, t eaid parties of the First
in or to said lands by ■eon of the matters and t
matter whatsoever:
and wife, Vas sie
Dale, eonveyed to
bed and other land, w eh dead in
;later of Deeds for a County, and
�ed the same Lands t Vassie
}6, Page 140, Offio of Register
,y powers and dutl for said trustee
on did not join the said
n raised as to r inchoate right of
,art, claim no ht, title or interei
zings set out ova, or in any other
NOW, THEREFORE, the psrtiaa of the Fi*rat part, for ardin con ""ration of the sum of
one dollar, to them in hand id , the racelpt oP hioh 1. ereby aoknowledged, have
remised and released and by t ee presents do remi /ato
l se, and forever quitclaim
unto the party of the Second p and his heirs an all right, title , claim
andinterest of the said partIe ofthefirst part a certain tract or pereel
of land lying and being in the ty of Burke andNorth Carolina, in Margantor
Township, and adjoinimg the ]and of S.W.Hoyle,ard, and others, and bounded
go follows:
13B3INNINO, On a wild CherXEast,
on bank fearner of Lot No. 5, and h nee wi tcourses and distances; Noree Eaiseat, 90 feet; North 76 dst, feetfeet; North 112 deg. East et; rth 8to a stake in line of Aot; t 0e wit70 dog.30 Mia. West 558t a s eke ithe line of Lot No. t, Sodeg. at,BEGINNING;a and containacres, morBeing pare of Lot No. 4.ot No. 5, of"Vassie Carswell Dale, ets. Charli CBook of Special Proceedin20, Page 6
the Creek, tha Northwest
a creek the following
t 135 feet; South 75 deg.
North 47 deg. East 483
eg. 30 Min. Saab, 195 feet
the line of Lot NR. 3, North
line of lot No. 61 thonce with
200 feet to the ppint of
or less:
Special Prodeeding , entitled
rswell at al. s Recorded in
TO HAVE AND TO HOLD , the afo said '.tract or parse of land and all privileges them unt
belonging to him the said pa y of the Second part and his heirs and assigns free and
discharged from all right, itle, claim, or lntare of the said parties of the First
part, or any one alaimin y, through or under them -
IN TESTIMONY 74HEREOF, id parties of the First as t, ve hereunto set their hands and
Seale , the day and ar first above written:
0 Lee Horton SEAL
Moz&ile K. Horton g'
NORTH CARD A
BU RKE CO
I, J.F wera, Clerk of the Superior Court of Ber a County, do roby certify, that
Q.Lee Orton, and Mozelle K.Horton, his wife. per Onally appeare before me this day
and cknowledged the due execution of the S Pogo�,t,,a,'a,'1g,.,,nnoxed de d of conveyance for
th pur;oses therein expressed. Let the inaturme ther with by certificate, be
r istered - Witness 241 hand , this the 10th. dayof September, 194 :
S.F.Bowere_,
Clerk Superior Court, Burge Co.
Frank Slinsky
From: Smith, Mike M <michael.smith@ncdenr.gov>
Sent: Wednesday, November 14, 2018 11:30 AM
To: Frank Slinsky
Cc: Aiken, Stan E
Subject: RE: [External] FRO Form Signature and Letter of Consent
Frank,
After reviewing the correspondence below and although the State Hospital remains the deeded owner of the property
(1945), there is no need for a letter of consent from DHHS. Clearly, the use of this property has been allocated from
DHHS to the North Carolina Department of Public Safety (NCDPS, 1969) and then from (NCDPS) to the North Carolina
National Guard (NCNG, 2018) for use as a Regional Readiness Center. This correspondence will serve as the original
owner's consent form.
On line 9 of the Financial Responsibility Form (FRO) required for the erosion and sediment control plan submittal, I
recommend leaving the State Hospital listed as the owner of the property as it now appears on the form.
A signed authorization to disturb will be required from North Carolina National Guard for the Financially Responsible
Party (the company who performs the work) to (1) submit an erosion and sediment control plan, and (2) to conduct the
land disturbing activity.
Thank you for the time and effort spent obtaining this information.
Michael Smith
Assistant Regional Engineer
Land Quality Section
North Carolina Department of Environmental Quality
828 296-4500 main
828 296-4621 office
m ichaei. sm ith@ ncd en r. gov_
2090 US70 Highway
Swannanoa, NC 28778-8211
h 01- - -- .
'Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Frank Slinsky <Frank.Slinsky@timmons.com>
Sent: Wednesday, November 14, 2018 9:04 AM
To: Smith, Mike M <michael.smith@ncdenr.gov>
Subject: FW: [External] FRO Form Signature and Letter of Consent
Mike,
This is in reference to the NCNG Morganton projects we discussed of which you are reviewing Phase 1 of the project.
See correspondence below. I also attached the deed for the project. I assume we do not need a letter of consent from the
DHHS now? This issue seems to have gone to the top with regards to State properties.
If nothing else, maybe these emails can serve as their consent?
Thanks.
Sincerely,
Frank Slinsky, PE, LEED AP
Senior Project Manager
TIMMONS GROUP I www.timmons.com
5410 Trinity Road, Suite 102 Raleigh, NC 27607
Office: 919.866.4505 1 Fax: 919.859.5663
Mobile: 919.830.8458 1 frank.slinsky(a7timmons.com
Your Vision Achieved Through Ours
To send me files greater than 20MB click here.
From: Krotoszynski, David<david.krotoszvnski@dhhs.nc.gov>
Sent: Wednesday, November 14, 2018 8:51 AM
To: Frank Slinsky <Frank.Slinskv@timmons.com>
Cc: Hoff, Luke <luke.hoff@dhhs.nc.gov>
Subject: FW: [External] FRO Form Signature and Letter of Consent
Morning Frank,
The NC Department of Administration, State Property Office, has confirmed that the DHHS has no role nor need to
participate with the planned DPS project along 5161 Western Avenue, Morganton.
Regards,
David Krotoszynski
Chief— Property Acquisition, Disposition & Risk Management
Division of Property and Construction
North Carolina Department of Health and Human Services
919 855 4872 office
919 733 5711 fax
David. krotosrvnskir2a dhhs.nc.aov
2104 Umstead Drive
3026 Mail Service Center
Raleigh, NC 27699-3026
Entail correspondence to and from this address is subject to the
North Carolina public Records Law and may be disclosed to third parties,
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Unauthorized disclosure of juvenile, health, legally privileged, or otherwise confidential information, including confidential information relating to an ongoing State procurement
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From: Moser, Mike
Sent: Tuesday, November 13, 2018 11:00 AM
To: Cox, John <iohn.cox doa.nc. ov>; Krotoszynski, David <david.krotosz nski dhhs.nc. ov>
Subject: RE: [External] FRO Form Signature and Letter of Consent
David,
You are correct, this property was allocated to DPS in 1969 and they have complete control.
Mike
Mike Moser
General Real Estate Manager
State Property Office
Department of Administration
116 West Jones Street
Raleigh, NC 27603
919 807 4680 office
mike. moser doa.nc. gov
NC Department of Administration
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Cox, John
Sent: Tuesday, November 13, 2018 8:19 AM
To: Krotoszynski, David<david.krotoszynski@dhhs.nc.Rav>
Cc: Moser, Mike <mike.moser@doa.nc.gov>
Subject: FW: [External] FRO Form Signature and Letter of Consent
David;
I am forwarding your request for verification to Mike Moser the Manager of General Real Estate.
Thank you,
John
John Cox
Facilities Information Section Manager
State Property Office
NC Department of Administration
(919) 807-4674 office
J_o_h n. Cox@doa. nc.gov
1321 Mail Service Center
Raleigh,NC 27699-1321
Ell
NC Department of Administration
z
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Krotoszynski, David
Sent: Tuesday, November 6, 2018 11:27 AM
To: Cox, John <iohn.cox@doa.nc.gov>
Cc: Mulligan, Jeff <jefF.mulligan@doa.nc.eov>; Hoff, Luke <luke.hoff dhhs.nc. ov>
Subject: FW: [External] FRO Form Signature and Letter of Consent
Morning John,
The DHHS Division of Property and Construction was contacted in regards to a DPS NC National Guard construction
project. Please review the forwarded email thread along with the attachments and supply your office's opinion on the
issue.
In review of the parcel at 5161 Western Avenue, Morganton, via Google Earth, DPS has two (2) facilities in operation on
the parcel in question. The reallocation between DHHS and DPS occurred in February 1969, see plat and deed PDF, and
the issue seems to be a listing error at the Burke County Register of Deeds GIS that lists the State Hospital.
DHHS is of the mind, that the reallocation occurred in 1969 and that DPS is the steward of the property since full
execution which would lead the DHHS no role in the upcoming construction project or required documentation.
Regards,
David Krotoszynski
Chief— Property Acquisition, Disposition & Risk Management
Division of Property and Construction
North Carolina Department of Health and Human Services
919 855 4872 office
919 733 5711 fax
David.krotoWnski@diihs.nc.gov
2104 Umstead Drive
3026 Mail Service Center
Raleigh, NC 27699-3026
Entail correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
4
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Unauthorized disclosure of juvenile, health, legally privileged, or otherwise confidential information, including confidential information relating to an ongoing State procurement
effort, is prohibited by law, Ifyou have received this e-mail in error, please notify the sender immediately and delete all records of this e-mail.
From: Frank Slinsky <Frank.Slinskv@timmons.com>
Sent: Tuesday, November 6, 2018 10:59 AM
To: Krotoszynski, David<david.krotoszynsk1@dhhs.nc.gov>
Cc: Hoff, Luke <luke.hflff@d_hhs.nc.gov>
Subject: RE: [External] FRO Form Signature and Letter of Consent
Yes sir, attached are overall plans of both projects occurring on the DoC portion of the site. Phase 1 has been approved
for Bidding by the NCSCO and will be advertised this Sunday November 11, 2018 and Phase 2 is the DID review process
at the NCSCO. Phase 2 will begin after Phase 1 is close out.
I also attached the document from February of 1969 where 97 acres of this site were allocated from the State Hospital for
use by the Department of Corrections. In April of 2018, 85.6 acres were transferred intra-agency by mutual consent
between the Adult Corrections and Juvenile Justice (ACJJ) and the North Carolina National Guard (NCNG).
Hope that helps. Thank you!
Sincerely,
Frank Slinsky, PE, LEED AP
Senior Project Manager
TIMMONS GROUP I www.timmons.com
5410 Trinity Road, Suite 102 Raleigh, NC 27607
Office: 919.866.4505 Fax: 919.859.5663
Mobile:919.830.8458 frank. slinsky(5-timmons.com
Your Vision Achieved Through Ours
To send me files greater than 20MB click here.
From: Krotoszynski, David <david.krotoszynskiC&dhhs.nc.gov>
Sent: Tuesday, November 06, 2018 10:27 AM
To: Frank Slinsky <Frank.Slinsky@timmons.com>
Cc: Hoff, Luke <Iuke.hoff@dhhs.nc.gov>
Subject: RE: [External] FRO Form Signature and Letter of Consent
Morning Frank,
In the review process, it would be quite helpful to have a schematic of the proposed construction project in order to
better understand the entire situation. Could your office please provide a project schematic via email?
Thank You,
David Krotoszynski
Chief— Property Acquisition, Disposition & Risk Management
Division of Property and Construction
North Carolina Department of Health and Human Services
919 855 4872 office
919 733 5711 fax
David, krcitoszv n sk i (.d hh s.nc. gov
2104 Umstead Drive
3026 Mail Service Center
Raleigh, NC 27699-3026
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Twitter YouTube
Unauthorized disclosure of juvenile, health, legally privileged, or otherwise confidential information, including confidential information relating to an ongoing State procurement
effort, is prohibited by law. If you have received this e-mail in error, please notify the sender immediately and delete all records of this e-mail
From: Hoff, Luke
Sent: Monday, November 5, 2018 1:50 PM
To: Krotoszynski, David<david.krotoszynskiC)dhhs.nc.gov>
Cc: Axtman, Rodney <rodne .axtman dhhs.nc. ov>
Subject: FW: [External] FRO Form Signature and Letter of Consent
David:
Please verify that the attached site is the financial responsibility of DHHS. If so, then should Landowner(s) of Record be
revised from State Hospital (at Morganton) to the NC DHHS on the attached Financial Responsibility Form? Any issues
with the attached forms and me signing them?
Luke
Luke O. Hoff, P.E.
Director
Division of Property and Construction
North Carolina Department of Health and Human Services
919 855 4870 office
919 618 7553 mobile
919 733 5711 fax
luke.hoff dhhs.nc. ov
2104 Umstead Drive
3026 Mail Service Center
Raleigh, NC 27699-3026
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Twitter YouTube
Unauthorized disclosure of juvenile, health, legally privileged, or otherwise confidential information, including confidential information relating to an ongoing State
procurement effort, is prohibited by law. If you have received this e-mail in error, please notify the sender immediately and delete all records of this e-mail.
From: Frank Slinsky <Frank.Slinsky@timmons.com>
Sent: Monday, November 5, 2018 1:07 PM
To: Hoff, Luke <luke_hoff0dhhs.nc.gov>
Subject: [External] FRO Form Signature and Letter of Consent
Mr. Hoff,
I am working on site plans for the DPS North Carolina National Guard and the DPS Dept of Corrections on the State
Hospital site located at 5161 Western Avenue, Morganton NC 28655. Construction Plans for the project were approved by
the NC State Construction Office and they will be distributed for Public Bid this Sunday Nov 11, 2018.
According to Burke County GIS and the attached deed provided by DPS, the site is currently owned by the State Hospital
and in February of 1969 State Hospital allocated this portion of the site to the Department of Corrections for their use.
For plan approval NCDEQ plan reviewer is asking that you all:
1) sign / notarize the attached Financial Responsibility / Ownership form as land owner (State Hospital)
Part B. bottom of Page.
2) put the attached letter on your letterhead and sign it.
We apologize for the short notice of this request as it was just brought to our attention. I would be happy to meet you with
the forms at your convenience as we would like to finalize the review process with the DEQ this week prior to bidding if
possible. Thank you for your assistance and please call with any questions.
Sincerely,
Frank Slinsky, PE, LEED AP
Senior Project Manager
TIMMONS GROUP I www.timmons.com
5410 Trinity Road, Suite 102 Raleigh, NC 27607
Office: 919.866.4505 Fax: 919.859.5663
Mobile:919.830.8458 frank. slinskyCc�timmons.com
Your Vision Achieved Through Ours
To send me files greater than 20MB click here.
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized State
official. Unauthorized disclosure of juvenile, health, legally privileged, or otherwise confidential information, including confidential information relating to an ongoing
State procurement effort, is prohibited by law. If you have received this email in error, please notify the sender immediately and delete all records of this email.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.