Loading...
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 i.iur vastNu� rage i or i 11356 Enter a Map Title 11 'CGS.. t �y11 ' 67 0 ul11 327 10093/ 11.31328 1133 1,i1a1.1aS 1 + c 3231 1 • 1 00 5556 1126603 5 017 1113420 423-229 1141450 W 1116390 1 421 1142190 110115.3 1111628 1111622 1101140 1128 05 1 11412q0 1 ^•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 ock Ate are Sony, but we m't have maps at this zoom level for this region. ry zooming out for a 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 Slx We Liberty Norris Easl Ads by G000000q Asheville Hote Hotel Photos, Ir Virtual Tours Fi Hotel You Wan Expedia! www.Expedia_com Lake Lure Hot Find Hotels, Cc Rates & Read I Reviews. Try T www.TripAdviso r.cc Inn on Biltmor Four star luxury 8000-acre Biltrr in Asheville, NC www.biltmore.com North Carolina- OREITZ: The F Easier Way to I Carolina Hotels www.ORBITZ.com Cabins near M Valley Free Search NI( Cabins & Homf Cashiers & Hig www.LivelnBlairsvill Legal Notice: This website is informational only. No representation Is made or warranty given as to its content. User assumes all risk of use. Lat- Long.com, its owners and its suppliers assume no responsibility for any loss or delay resulting from such use. About 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