HomeMy WebLinkAboutNCG180090_Name-Owner Change Supporting Info_20220428This certifies that there are no delinquent taxes due Burke
County. Certification expires Jan. 6th of the year following certification date.
Parcel Identification Number :portion of 2703569030
This is not a certification that the Burke County Parcel Identff,4N7rmatches the deed descriptionDaniel Isenhour �I
Tax Collector Clerk I Datefm
SPECIAL WARRANTY DEED
Prepared by: Peggy M. Saunders
FOR REGISTRATION REGISTER OF DEEDS
Stephanie A. Norman
Burke County, NC
12/28/2021 at 03:12:38 PM
Book 2594 Page 319 (6)
FEE: $26.00
NC EXCISE TAX: $5,800.00
INSTRUMENT # 2021015534
Starnes, Aycock, Haire, Hogan, Saunders, Rigsbee & McMillen, PLLC
118 N. Sterling Street
Morganton, NC 28655
PIN: Portion of 2703-56-9030 (Portion of REID 31636)
Excise Tax: $5,800.00
STATE OF NORTH CAROLINA
"
THIS SPECIAL WARRANTY DEED, made and entered into this the j q day of
December, 2021, by and between MAYLENIA, LLC, a North Carolina limited liability
company, with an address of 501 Hoyle Street, Valdese. North Carolina 28655, as "Grantor,"
and BRAY FAMILY PROPERTIES, LLC, a North Carolina limited liability company, with a
mailing address of 109 Simpson Street, Conover, North Carolina 28613, hereinafter the
"Grantee."
WITNESSETH:
Now, therefore, said 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 said Grantee, in fee simple, all that certain lot or parcel of land situated in the
City of Morganton, Morganton Township, Burke County, North Carolina, and more particularly
described as follows:
SEE ATTACHED EXHIBIT "A" WHICH IS INCORPORATED HEREIN.
The property hereinabove described DOES NOT include the primary residence of
Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land together with all privileges
and appurtenances thereunto belonging, to the Grantee in fee simple forever.
And the said Grantor does covenant with the Grantee that the 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, through, or on account of Grantor, other than the
following exceptions:
Easements, restrictions and other matters of record.
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.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing the day and year
first above written.
MAYLENIA, LLC
By:
CH S AL N RICE, Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF BURKE
I, Tcq q V A . sa ,A n 8 e (-_S , a Notary Public of the County and State
aforesaid; certify that CHRIS ALAN RICE personally came before me this day and
acknowledged that he is Member/Manager of MAYLENIA, LLC, a North Carolina limited
liability company, and that by the authority duly given and as the act of such entity, he signed the
foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official
Notarial stamp or seal, this the �� �' day of December, 2021.
Nota4 u lic (Signature)
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6 G % My Commission Expires:
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Exhibit A - Legal Description
Maylenia, LLC, a North Carolina limited liability company - Grantor
Bray Family Properties, LLC, a North Carolina limited liability company - Grantee
Legal Description of a 23.18 acre tract of land commonly known as 410 Hogan Street,
bounded by Hogan street on the east, Fleming Drive bypass on the south, Alpine Mill,
LLC on the west and Southern Railway on the North, and further located in Morganton,
Township, Burke County, North Carolina.
Beginning at an existing cotton gin spike in the intersection of Hogan street and the
now abandoned Church street, said spike also located inside the Southern Railroad
Right -of -Way, said point having North Carolina Grid coordinates of N=736613.185,
E=1 206287.013, Elevation=1 092.374, a scale factor of grid to
ground=1.00009051989683, a combined scale factor of grid to
ground=1.00013771525573, a convergence angle of N 01c,32'38.42826" E, a latitude
of N 35044'40.42840", a longitude of W 81040'30.48288", a geoid of -105.7971,
horizontal datum of North American Datum of 1983 and realization of 2011
(NAD83/201 1), a vertical datum of North American Vertical datum on 1988 (NAVD88)
and a geoid of continental US18 (geoicI18), said point is also located S 74046,00" W a
distance of 264.38' from NCGS monument Z-1 83;thence with Hogan street, Course
#1, a grid bearing of S 18004'41" E a distance of 469.20'to an existing cotton gin spike
in the centerline of Hogan Street ; thence continuing with the centerline of Hogan
street, Course #2, turning an exterior angle of 180046'37" to a bearing of S 18051,18"
E a distance of 200.76'to an existing cotton gin spike in the centerline of Hogan street;
thence continuing with the centerline of Hogan street, Course #3, turning an interior
angle of 179034'12" to a bearing of S 18025'29" E a distance of 146.48'to an existing
cotton gin spike in the centerline of Hogan street; thence continuing with the centerline
of Hogan street, Course #4, turning an exterior angle of 184016'25" to a bearing of S
22041'54" E a distance of 103.15'to a MAGNail set with a stainless steel washer, an
new corner; thence leaving Hogan street and running a new line, Course #5, turning an
interior angle of 89043'32" to a bearing of S 67034'34" W a distance of 18.29'to a
MAGNail set; thence continuing along the new line, Course #6, turning an interior
angle of 180000'00" to a bearing of S 67034'34" W a distance of 322.38to a MAGNail
set where a proposed shared sewer easement intersects; thence continuing along the
new line, Course #7, turning an interior angle of 180000'00" to a bearing of S 67034'34"
W a distance of 29.20'to an MAGNail set, where a proposed shared fire protection line
intersects; thence continuing along the new line, Course #8, turning an interior angle of
180000'00" to a bearing of S 67034'34" W a distance of 94.66' to a MAGNail set where
the proposed fire protection line intersects; thence continuing the new line, Course #9 ,
turning an interior angle of 180000'00" to a bearing of S 671,34'34" W a distance of
238.43'to a MAGNail set in the Fleming drive bypass; thence with Fleming Drive
bypass, Course #1 Ojurning an interior angle of 123014'52" to a bearing of N 55040,18"
W a distance of 215.50'to a MAGNail set in Fleming Drive bypass; thence continuing
with Fleming Drive bypass, Course #11, turning an exterior angle of 186'04'06" to a
bearing of N 61044'24" W a distance of 120.08'to a MAGNail set in Fleming Drive
bypass; thence continuing in Fleming drive bypass, Course #12, turning an interior
angle of 191031'57" to a bearing of N 73016'21" W a distance of 79.76'to a MAGNail
set where a City of Morganton Sewer Line easement crosses the line, said easement
is recorded in Deed Book 2592, page 417; thence continuing the same course in
Fleming drive bypass, Course #13, turning an interior angle of 180000,00" to a bearing
of N 73016'21" W a distance of 51.91'to a MAGNail set in Fleming drive; thence
leaving Fleming drive bypass and running with the common boundary line of Alpine
Mill, LLC, Course #14, turning an interior angle of 122156'19" to a bearing of N
16012'40" W a distance of 114.56'to a 5/8" rebar set with Aluminum Cap where a City
of Morganton Sewer line crosses the line, said easement recorded in Deed Book 2592,
page 417; thence continuing with the common boundary line of Alpine Mill, LLC,
Course #15, turning an interior angle of 180cl00'00" to a bearing of N 16'012'40" W a
distance of 337.30' to a 5/8" rebar set in a city of Morganton sewer easement,
recorded in Deed Book 2592, page 417; thence continuing with the common line of
Alpine Mill, LLC, Course #16, turning an interior angle of 180000'00" to a bearing of N
16012'40" W a distance of 189.78'to an existing 5/8" rebar on the Southern Railway
Right -of -Way; thence continuing with the common line of Alpine Mill, LLC, Course #17
, turning an interior angle of 180"00'00" to a bearing of N 16012'40" W a distance of
97.91'to a 5/8" rebar set with cap; thence continuing, Course # 18 , turning an interior
angle of 180000'00" to a bearing of N 16012'40" W a distance of 7.96' to a point in the
Southern Railroad track; thence along the Southern Railroad, Course #19, turning an
interior angle of 100013'34" to a bearing of N 63033'47" E a distance of 135.40' to an
existing railroad spike in the Railroad ballast; thence continuing along the railroad,
Course #20 , turning an interior angle of 174014'52" to a bearing of N 69018'55" E a
distance of 97.43'to a MAGNail set in a cross tie, where the city of Morganton
easement crosses the boundary, said easement in Deed Book 2592, page 417; thence
continuing with the railroad track, Course #21, turning an interior angle of 180000'00" to
a bearing of N 69'18'55" E a distance of 119.02'to a MAGNail set in across tie,
where the city of Morganton Sewer easement crossed the boundary line; thence
continuing with the railroad track, Course #22, turning an interior angle of 1801100'00" to
a bearing of N 69'18'55" E a distance of 14.2 V to a nail set at the intersection of a
waterline easement for the city of Morganton, as recorded in Deed Book 2592, page
417; thence continuing with the railroad, Course #23, turning an interior angle of
180000'00" to a bearing of N 69018'55" E a distance of 3.42'to a nail set in the railroad;
thence continuing with the railroad, Course #24 turning an interior angle of
172040'11" to a bearing of N 76038'45" E a distance of 247.22'to an existing Railroad
Spike; thence with the railroad, Course #25, turning an interior angle of 174059,40" to a
bearing of N 81039'05" E a distance of 258.1 Vto an existing cotton gin spike; thence
continuing with the railroad, Course #26, turning an interior angle of 179026'40" to a
bearing of N 82012'25" E a distance of 120.48'to a point in the railroad track; thence
leaving the railroad track, Course #27, turning an interior angle of 100018,21" to a
bearing of S 18005'56" E a distance of 52.21'to an existing cotton gin spike in Hogan
street; which is the point of beginning, having an area of 1,009,656.7 Square Feet,
23.18 Acres.
Back Reference: Book 2282, Page 313, Burke County Registry. See also Plat Book
58, Page 11 (Lot 1), Burke County Registry.
Subject to Permitted Encumbrances shown on Exhibit B attached hereto.
PIN: Portion of 2703-56-9030 (Portion of REID 31636)
Property Address: 410 E. Hogan Street, Morganton, NC 28655
Exhibit B — Permitted Encumbrances
1. Taxes or assessments for the year 2022, and subsequent years, not yet due or
payable.
2. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation,
variations or other adverse circumstance affecting the Title disclosed by plat(s) recorded
in Plat Book 58, Page 46; Plat Book 7, pages 59 and 63; Book 13, page 55; Plat Book
40, page 89; Plat Book 46, page 61; Plat Book 55, page 54 and Plat Book 58, page 11.
3. Title to any portion of the Land lying within the right of way of Church Street, Hogan
Street, Fleming Drive and U.S. Hwy 70.
4. The correctness of the square footage/acreage computation contained in the
description of the Land.
5. 200 ft. Right of way for railroad, switch tracks, spur tracks, railway facilities,
easements, and other related interests of Southern Railway Company on and across
the Land pursuant to Deed Book Z, page 461, and title to that portion of the Land, if any,
lying within the railroad right of way extending up to one hundred feet (100') on each
side of the centerline of said right of way.
6. Title to that portion of the Land, if any, lying within the railroad right of way extending
up to one hundred feet (100') on each side of the tracks or two hundred feet (200') in
total width, whichever is greater.
7. Rights of way for railroad, switch tracks, spur tracks, railway facilities, easements,
and other related interests, if any, on and across the Land.
8. Easement(s) to Southern Bell Telephone and Telegraph Company recorded in Book
C-4, page 227 and Book 60, page 101.
9. Easement(s) to Duke Power Company recorded in Book 117, page 578 and Book
275, page 163.
10. Easement(s) to City of Morganton recorded in Book 433, page 57 and Book 649,
page 28.
11. Easement(s) to State Highway Commission recorded in Book 417, page 200.
12. Notice as recorded in Book 1495, page 900.
13. Lease by and between Drexel Enterprises, Inc. and Duke Power Company recorded
in Book 352, page 185.
14. Utilities Easement and Agreement recorded in Book 2592, page 417.