HomeMy WebLinkAboutNCG520017_Owner (Name Change)_20060309March 9, 2006
Raymond & Amanda Montoya
MacEffie Gems & Land LLC
P.O. Box 2021
Franklin, North Carolina 28744
Dear Mr. & Mrs. Montoya:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Subject: NPDES General Permit NCG520000
Certificate of Coverage NCG520017
Cherokee Ruby Mine
Formerly Cherokee Ruby Mine
Macon County
Division personnel have reviewed and approved your request to transfer coverage under the General Permit,
received on March 6, 2006.
Please find enclosed the revised Certificate of Coverage, a copy of General Wastewater Discharge Permit
NCG520000, and a copy of a Technical Bulletin for General Wastewater Discharge Permit NCG520000. The terms
and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of
Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency.
If you have any questions, please contact the NPDES Permitting Unit at (919) 733-5083, extension 363.
Sincerely,
cc: DWQ Central Files
Asheville Regional Office/Surface Water Protection
NPDES Unit File
One Carolina
NNaturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG520000
CERTIFICATE .OF COVERAGE No. NCG520017
TO DISCHARGE SAND DREDGING WASTEWATER AND SIMILAR WASTEWATERS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provition of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
is hereby authorized to operate a
MACEFFIL; GEMS & LAND, LLC
SAND DREDGING
treatment system consisting of a sediment basin and discharge channel with the discharge of treated wastewater or
similar wastewater from a facility located at
CHEROKEE RUBY MINE
2586 RUBY MINE ROAD
FRANKLIN
MACON COUNTY
to receiving waters designated as Caler Fork Creek, a class C water, in the Little Tennessee River Basin in
accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV
of General Permit No. NCG520000 as attached.
This certificate of coverage shall become effective March 16, 2006.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day March 9, 2006.
for Al . Klimek, Director
Di ion of Water Quality
B Authority of the Environmental Management Commission
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
PERMIT NAME/OWNERSHIP CHANGE FORM
I. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
N
C
5
2
0
0
1
7
II. Permit status prior to status change.
a. Permit issued to (company name):
b. Person legally responsible for permit:
ij
i
Lio
.r
CD
2 Z eJO CD
V r
c. Facility name (discharge):
d. Facility address:
e. Facility contact person:
N
5
Eastern Cherokee Land Inc.
Cherokee Ruby Mine
C.W.& Effie McCrackine
2
0
0
0
0
First / MI / Last
Permitee / Operator
Title
2586 Ruby Mine Road
Franklin
Permit Holder Mailing Address
NC 28734
City State Zip
(828 ) 524-5684 ( )N/A
Phone Fax
Cherokee Ruby Mine (Sand Dredging)
2586 Ruby Mine Road
Franklin
City
Address
NC
State
28734
Zip
F.ffia Mrfrarkinp (828) 524-5684
Fist / Ml / Last Phone
III. Please provide the following for the requested change (revised permit).
a. Request for change is a result of: Ejil Change in ownership of the facility
Name change of the facility or owner
If other please explain:
i
b. Permit issued to (company name):
c. Person legally responsible for permit:
40UWe JBjt?MWJOIS $ S 11P eUl?u M
.1.111Vno Na1YM - aNaO
y0Uc 9 U avw
gffl&Clg@RIg'
d. Facility name (discharge):
e. Facility address:
f. Facility contact person:
Revised 7/2005
MacEffie Gems & Land LLC
Amanda M. & Raymond V. MONTOYA
First / MI / Last
LLC Members / Managers (Permitee)
Cherokee Ruby Mine Title
P.O. Box 2021
Franklin
City
Permit Holder Mailing Address
NC
State
28744
Zip
(505) 771-1474 Trespwil4@wmconnect.com
Phone E-mail Address
Cherokee Ruby Mine
Intersection of Ruby Mine Road & Cherokee-MineRoad
VI C /76 .eo r<(1 Alive Address&4t7
Franklin NC (Macon Co.) 28734
City State Zip
Amanda M. & Raymond V. MONTOYA
First / Ml / Last
(505) 771-1474 Trespwil4@wmconnect.com
Phone E-mail Address
PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information: (if different from the person legally responsible for the permit)
Permit contact:
Marie M. Montoya - Shouldice
First / MI / Last
LLC Member / Manager
Title
P.O. Box 2021
Frank1 in
City
(828 ) 349-1166
Phone
Mailing Address
NC
State
28744
Zip
Trespwil4@wmconnect.com
E-mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior to
this ownership or name change?
41 Yes
❑ No (please explain)
VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE
INCOMPLETE OR MISSING:
A This completed application is required for both name change and/or ownership change requests.
X� Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill
of sale) is required for an ownership change request. Articles of incorporation are not sufficient for
an ownership change.
The certifications below must be completed and signed by both the permit holder prior to the change, and the new
applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification
is sufficient.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
Effie McCrackine , attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required
parts of this application are not completed and that if all required supporting information is not included, this
application package will be returned as incomplete.
Date
APPLICANT CERTIFICATION:
I, Amanda M. Montoya & Raymond V. Montoya , attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required
parts of this application are not completed and that if all required supporting information is not included, this
application package will be returned as incomplete.
t;C
Revised 7/2005
Signat
02/23/2006
Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
rage 1 or i
PARCEL 1141449 ADDRESS 41 CHEROKEE MINE RD OWNER MACEFFIE GEMS AND LAND LLC
Property Address
Property
Description
Township
Zone
Neighborhood
Subdivision
Number of
Buildings
Acreage
Land Square
Footage
Topography
Utilities
Date Last
Appraised
41 CHEROKEE MINE
RD
RD 1343
COWEE
RESIDENTIAL
AVERAGE
0
19.31
ROAD LEVEL
ELECTRIC
Monday, February 17,
2003
Current Owner
Owner Address
Deed Book/Page
Date Recorded
Sales Price
Valid Sale
Land Tax Value
Building Tax Value
Land Deferment
Amount
Exemption Amount
Approximate
Elevation
Map Sheet
MACEFFIE GEMS AND LAND
LLC
PO BOX 2021, FRANKLIN NC
28744
T-29/2302
Wednesday, November 16,
2005
$125,000.00
VR
$96,310.00
$0.00
$0.00
$0.00
N/A
7508.00
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1141450 W 1116390
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^•iarc_trclzv..�Ac:115 Cmr ,;C;i992232ZSRf0 tMiti Ot==1 0-071
Legend
Highlighted Feature
Frankfiin City Limits
Highlands City Limits
Township Boundary
Street Centerlines
Lakes
Rivers
Parcels
http://63.167.19.7/servlet/com.esri.esrimap.Esrimap? ServiceName=MacMapOV&ClientVer... 2/6/2006
• Lat-Long.com
Home > State: North Carolina > Feature Type: Mine
Cherokee Ruby and Sapphire Mine, NC
Cherokee Ruby and Sapphire Mine is a mine in Macon County, North Carolina. It has an
elevation of 2,120 feet.
Degrees Minutes Seconds:
Latitude: 351625N
Longitude: 0832215W
Alcoa
Maryville
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Ate are Sony, but we
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zoom level for this
region.
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broader look.
tor.
Vogel
Cbk. PP,k
Townsend
see
Decimal Degrees:
Latitude: 35.27361
Longitude: -83.37083
Germ
Penman Center
TrIF
city
Franklin
..,_a
..r
Haggle valley
Hazelwood
SyIw
Webster
Highlands
Sky Vasley — —
billard
Slack Rock Mountain
State Parer
Sycamore Flats
Recreational Area
Rosman
Brevard
Caesars i
State: t
Table Rock
State Park
Keowee,Toxeway
State Park
&ahem Pickens
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http://www.lat-long.com/North-Carolina/Cherokee-Ruby-and-Sapphire-Mine_ 1017665.ht... 11/12/2005
•
NORTH CAROLINA
Department of The Secretary of State
To all whom these presents shall come, Greetings:
I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do
hereby certify the following and hereto attached to be a true copy of
ARTICLES OF ORGANIZATION
OF
MACE}'} ii GEMS & LAND, LLC
the original of which was filed in this office on the 4th day of August, 2005.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official seal at the
City of Raleigh, this 4th day of August, 2005
Secretary of State
Document Id: C20082160023
8
State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
796163
Date Filed: 8/4/2005 3:55:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200521600238
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
1. The name of the limited liability company is: MacEffie Gems & Land, LLC
2. If the limited liability company is to dissolve by a specific date, the latest date on which the
limited liability company is to dissolve: (If no date for dissolution is speciiea4 there shall be no
limit on the duration of the limited liability company.)
3. The name and address of each person executing these articles of organization is as follows:
(State whether each person is executing these articles of organization in the capacity of a
member, organizer or both. Note: This document must be signed by all persons listed here).
Gilbert R. Key, 11 Organizer 1021 East Main St, Franklin, NC 28734
4. The street address and county of the initial registered office of the limited liability company is:
Number and Street 1021 East Main Street
City, State, Zip Code Franklin. NC 28734
County Macon
5. The mailing address, if dereRt from the street address, of the initial registered office is:
6. The name of the initial registered agent is: Gilbert R. Key. !i
7. Principal office information: (Select either a orb.)
a. ❑ The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street
City, State, Zip Code County
The mailing address, rdifferatt from the stred address, of the principal office of the corporation is:
b. j I The limited liability company does not have a principal office.
8. Check one of the following:
✓ (i) Mentbemnanaged LLC: all members by virtue of their status as members shall be
managers of this limited liability company.
___(ii) Maaager-snanaged LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the
members of this limited liability company shall not be managers by virtue of their status as
members.
9. Any other provisions which the limited liability company elects to include are attached.
10. These articles will be effective upon filing; unless a date and/or time is specified:
This is the 4?' day of Alt a4t , 20 c .
4ig,46.;7
naluoe
Gilbert R. Key. U ORGANIZip
7)pe or Print Name and Title
NOTES:
i. Filing fix is S125. This document mast be filed with the Secretary of State.
CORPORATIONS DIVISION
(RevisedJonuory2002)
P.O. Box 29622
Instructions for
RALEIGH, NC 27626-0622
(Form L 01)
BOOK AP]
PAGES; 23D2 230
Co* STATE �. STATE OF NORTH CAROLINA
_• PAID + COUNTY OF MACON
�$ 250— 0
p DATE 1/
y O�
CO REGIS���
Presented for registration and recorded in the office
of the Register of Deeds for Macon County. North Carolina,
in Book 1 01.9 , page (s)2302 -.2360
this /4 ��day of e , 20 05 ,
at 3 : 37 o'clock�M
ADELAIDE K. GREEN, REGISTER OF DEEDS
Rev. $250.00
This instrument prepared by,
and is to be returned to:
Key Real Estate Legal Services
Gilbert R. Key II, PLLC
1021 E. Main Street
Franklin, NC 28734
Parcel 1D# 11-4144
NORTH CAROLINA
MACON COUNTY
WARRANTY DEED
THIS DEED, Made this the 30`" day of September, 2005, by EASTERN CHEROKEE
LAND, INC., party of the first part, to MACEFFIE GEMS & LAND, LLC, a North Carolina
Limited Liability Company, P. O. Box 2021, Franklin, NC 28734, party of the second part;
whether one or more; the neuter gender will be deemed to include the masculine and feminine and
the singular number the plural, and vice versa;
WITNESSETH, That the said party of the first part in consideration of Ten Dollars and other
valuable consideration, the receipt of which is hereby acknowledged, has bargained and sold and by
these presents does bargain, sell and convey unto said party of the second part, and its heirs,
successors and assigns, a certain tract or parcel of land in Cowee Township, Macon County, State
of North Carolina, being more particularly described as follows:
FIRST TRACT:
BEGINNING at an existing iron pipe located on the north side of Caler Creek, said
iron pipe being the second and Northwest corner of the tract of land described in the
Deed from Eastern Cherokee Land, Inc. to Clyde W. McCrackine and wife, Effie S.
McCrackine dated October 31,1985, recorded in Deed Book R-16, Page 611, Macon
County Public Land Registry; runs thence from said point of BEGINNING, crossing
the creek and with the west boundary of the tract described in said deed, South 09
degrees 44 minutes 38 seconds West, passing an iron stake at 182.33 feet, total
distance 234.79 feet to a point in the centerline of North Carolina State Road # 1343
(Ruby Mine Road); thence with the centerline of said State Road the following seven
(7) courses and distances: North 43 degrees 30 minutes 41 seconds West 70.84 feet;
then with a curve to the left with a radius of 228.38 feet, a length of 150.08 feet and
a chord bearing and distance ofNorth 62 degrees 20 minutes 12 seconds West 147.39
feet; North 81 degrees 09 minutes 43 seconds West 38.03 feet; then with a curve to
COV-41,
002302
the right with a radius of 1408.38 feet, passing the intersection with the centerline of
the existing subdivision access road at 41.56 feet, a total length of 147.27 feet and a
chord bearing and distance of North 80 degrees 11 minutes 00 seconds West 147.21
feet; then with a curve to the left with a radius fo 797.72 feet, a length of 169.68 feet
and a chord bearing and distance of North 83 degrees 16 minutes 53 seconds West
169.36 feet; then with a curve to the right with a radius of 889.78 feet, a length of
258.84 feet and a chord bearing and distance of North 81 degrees 02 minutes 29
seconds West 257.93 feet; then with a curve to the left with a radius of 1135.39 feet,
a length of 87.21 feet and a chord bearing and distance of North 74 degrees 54
minutes 29 seconds West 87.19 feet to a point in the centerline of State Road 1343;
thence leaving the road, and with a line common to the lands now or formerly owned
by Bryan Tallent (Deed Book R-23, Page 1183) North 12 degrees 11 minutes 02
seconds East, passing an iron stake at 17.35 feet, total distance 129.05 feet to a point
in the centerline of Caler C reek; thence with the centerline of the creek the following
seven (7) courses and distances: North 60 degrees 08 minutes 40 seconds East 15.21
feet; North 89 degrees 18 minutes 43 seconds East 63.37 feet; South 81 degrees 54
minutes 02 seconds East 94.13 feet; South 70 degrees 27 minutes 08 seconds East
52.75 feet; North 89 degrees 25 minutes 51 seconds East 170. 00 feet; South 77
degrees 42 minutes 54 seconds East 132.58 feet; and thence South 75 degrees 30
minutes 41 seconds East 245.99 feet to a point in the centerline of the existing
subdivision access road located over a culvert and the centerline of said creek:
thence leaving the creek, South 85 degrees 31 minutes 22 seconds East 70.99 feet to
an existing iron pipe; thence South 77 degrees 23 minutes 33 seconds East 55.10 feet
to the point of BEGINNING, containing 3.38 acres, more or less, and being
described herein as surveyed by Larry Turlington, Registered Land Surveyor, and as
shown on his unrecorded plat (Project # 01-11-08-100), dated December 4, 2001.
SECOND TRACT:
BEGINNING at an iron pipe located on the North side of Caler Creek and in the
North boundary of the lands of Effie McCrackine ( Deed Book R-16, Page 611), said
point of beginning being located North 85 degrees 19 minutes 59 seconds East 60.01
feet from the iron pipe marking the beginning comer of the lands hereby conveyed
and described above as "First Tract;"runs thence from said point of BEGINNING,
with a line common to the lands now or formerly owned by Bennett (Book D-24,
Page 300), North 16 degrees 05 minutes 17 seconds East, passing an iron pipe at 4.97
feet, and a second iron pipe at 89.40 feet, total distance 101.82 feet to a point in the
centerline of the existing subdivision access road and 3.0 foot wide road right of way;
thence with a line of the lands now or formerly owned by Egan, (Book H-19, Page
387), North 06 degrees 14 minutes 20 seconds West, passing an iron pipe at 15.05
feet, total distance 209.34 feet to an existing iron stake; thence North 89 degrees 35
minutes 58 seconds East 197.19 feet to an iron stake marking the Northwest comer
of the tract formerly conveyed to C. J. McCrackine (Book R-19, Page 1569); thence
with the West boundary of said tract South 09 degrees 43 minutes 10 seconds East,
passing an iron pipe at 178.72 feet, total distance 191.60 feet to a point in the
centerline of the existing subdivision access road and 30 foot wide road right of way;
thence with the centerline of said right of way the following twelve (12) courses and
distances: North 65 degrees 30 minutes 37 seconds East 85.38 feet; North 39 degrees
36 minutes 32 seconds East 56.74 feet; North 29 degrees 09 minutes 12 seconds East
34.67 feet; North 37 degrees 36 minutes 22 seconds East 58.17 feet; North 55
degrees 36 minutes 42 seconds East 101.62 feet; North 35 degrees 21 minutes 12
seconds East 74.55 feet; North 21 degrees 09 minutes 42 seconds East 37.20 feet;
North 12 degrees 33 minutes 32 seconds East 84.70 feet; North 03 degrees 32
minutes 32 seconds East 52.61 feet; North 12 degrees 00 minutes 02 seconds East
43.79 feet; North 19 degrees 45 minutes 12 seconds East 99.18 feet; and North 13
degrees 38 minutes 37 seconds East 87.07 feet to a point in the centerline of said
access road and right of way; thence leaving said road and right of way with a line
common to the lands now or formerly owned by Hollada (Book D-12, Page 164),
002303
North 82 degrees 04 minutes 55 seconds West, passing an iron pipe at 15.24 feet,
total distance 91.22 feet to an iron pipe; thence North 89 degrees 42 minutes 55
seconds West 23.96 feet to a point in the centerline of a second existing subdivision
access road and 30 foot wide right of way; thence with the centerline of said second
road and right of way the following twelve (12) courses and distances: North 07
degrees 45 minutes 09 seconds East 91.57 feet; North 03 degrees 54 minutes 28
seconds West 185.55 feet; North 10 degrees 45 minutes 32 seconds East 174.32 feet;
North 00 degrees 21 minutes 32 seconds East 175.52 feet; North 35 degrees 51
minutes 02 seconds East 58.85 feet; South 65 degrees 47 minutes 16 seconds East
53.44 feet; South 32 degrees 41 minutes 16 seconds East 82.23 feet; South 49
degrees 14 minutes 16 seconds East 49.70 feet; South 89 degrees 25 minutes 16
seconds East 153.94 feet; North 77 degrees 22 minutes 44 seconds East 37.53 feet;
South 73 degrees 22 minutes 16 seconds East 28.69 feet; South 24 degrees 20
minutes 44 seconds West 105.60 feet; and South 03 degrees 47 minutes 44 seconds
West 58.94 feet to a point in the centerline of said road and right of way; thence
leaving the road, with two lines common to the tract now or formerly owned by Grant
(Book F-20, Page 133), South 29 degrees 48 minutes 46 seconds West, passing an
iron pipe at 13.08 feet, total distance 213.17 feet to an iron stake; and South 70
degrees 43 minutes 08 seconds East 465.77 feet to an iron stake located in the West
boundary of the lands now or formerly owned by Nolen Gregory (Book E-18, Page
280); thence with a line common to said tract, South 31 degrees 02 minutes 14
seconds West 322.44 feet to an iron pipe; thence North 80 degrees 10 minutes 06
seconds West 155.43 feet to an existing iron pipe, comer common to Nolen Gregory
(BookN-18, Page 176); thence South 09 degrees 48 minutes 16 seconds West 355.30
feet to an existing iron stake, another comer common to Gregory ( Book R-21, Page
1197); thence North 80 degrees 12 minutes 04 seconds West 152.04 feet to an iron
stake in a branch; thence with the centerline of the branch the following four (4)
courses and distances: South 03, degrees 35 minutes 03 seconds East 40.91 feet;
South 03 degrees 35 minutes 03 seconds East 45.60 feet; South 01 degrees 55
minutes 09 seconds East 59.91 feet; and South 11 degrees 59 minutes 16 seconds
West 38.38 feet to an iron stake in the centerline of the branch; thence leaving the
branch, South 76 degrees 57 minutes 23 seconds East 206.21 feet to an iron stake;
thence North 78 degrees 28 minutes 38 seconds East, passing an iron stake at 56.12
feet, total distance 86.10 feet to a point in the Creek; .thence up the creek North 37
degrees 58 minutes 18 seconds East 24.29 feet to the point of intersection of the
creek with a second branch; thence up an with the centerline of said second branch
the following five (5) courses and distances: North 83 degrees 27 minutes 40
seconds East 18.58 feet; South 72 degrees 17 minutes 13 seconds East 39.24 feet;
South 55 degrees 04 minutes 09 seconds East 35.32 feet; South 45 degrees 52
minutes 38 seconds East 46.56 feet; and South 50 degrees 04 minutes 11 seconds
East 49.14 feet; thence leaving the branch, and with a line common to the lands now
or formerly owned by Loretta Davis (Book C-24, Page 184), South 83 degrees 05
minutes 01 seconds West, passing an iron stake at 48.18 feet, total distance 620.98
feet to, an iron stake, corner common to Effie MacCrackine (Book R-16, Page 611);
thence with three lines common to MacCrackine, North 68 degrees 01 minutes 10
seconds West 244.79 feet to a Sassafras tree; thence South 87 degrees 33 minutes 28
seconds West 189.65 feet to an iron pipe; thence South 85 degrees 19 minutes 59
seconds West 106.68 feet to the point of BEGINNING, containing 15.93 acres, more
or less, and being described herein as surveyed by Larry T. Turlington, Registered
Land Surveyor, and as shown on his unrecorded plat (project # 01-11-08-100), dated
December 4, 2001.
Party of the first part further conveys unto parties of the second part, their heirs and
assigns, the right to use in common with party of the first part, its successors and
assigns and all others who now have or hereafter acquire the right to use the same,
an easement for the existing access roads, 30 feet in width, the centerlines of which
form portions of the North and West boundaries of the lands hereby conveyed,
together with the right to use all continuations and extensions thereof leading in a
002304
generally southerly direction to the point of intersection with North Carolina State
Road 1343; provided, however, party of the first part specifically reserves for itself,
its successors and assigns, the right to use said access roads and road right of ways
in common with parties of the second part, their heirs and assigns, and particularly
any portion thereof falling within the boundary of the lands hereby conveyed.
This conveyance is made subject to the rights of others entitled thereto to use the
existing subdivision access roads referred to above, the right of way for North
Carolina State Road # 1343, and to existing easements for electric distribution lines.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and
appurtenances thereunto belonging, or in anywise thereupon appertaining, unto the said parties of
the second part, and their heirs, successors and assigns, to their only use and behoof, in fee simple
forever, subject to those exceptions, reservations and limitations following the description
hereinabove set forth.
And the said party of the first part covenants with said parties of the second part, their heirs,
successors and assigns, that it is seized of said premises in fee, and has the right to convey the same
in fee simple; that the same are free and clear from all liens and encumbrances and that it will
warrant and defend the said title to the same against the lawful claims of all persons whatsoever,
subject to those exceptions, reservations and limitations followingthe description
description hereinabove set
forth.
•
IN TESTIMONY WHEREOF, the said party of the first part has caused these presents to
be executed in its name by its President, attested by its Secretary, and sealed with its Corporate Seal,
the day and year first above written.
ATTEST:
Secretary
(CORPORATE SEAL
EASTERN CHEROKEE LAND, INC.
By
.,�', E E ° k''''••.
A
� aii`
s� r� 0~ `.. : :
4 4•3 9
�••• ,Ia1ttl "
MideL4EAL
00.2305
•
STATE OF NORTH CAROLINA
COUNTY OF MACON
I, 6 4 (1e i=t g. _ /4 Z , a Notary Public of the aforesaid County and State
hereby certify that E. S. McCrackine personally appeared before me this day and acknowledged she
is Secretary of Eastern Cherokee Land, Inc., and that, by authority duly given and as the act of the
Corporation, the foregoing instrument was signed in its name by its President, sealed with
its Corporate Seal, and attested by herself as its Secretary.
/UovC4t‘c v.-
WITNESS my hand and Notarial seal, this the /C day of-Oetvber, 2005.
(NOTARIAL SEAL)
dOie/
Notary Public
My Commission Expires: 2 - a g - 024 O
002306