Loading...
HomeMy WebLinkAboutNCG140262_Name-Owner Change Supporting Info_20220502Excise Tax: $ Parcel Identifier No.: R06500-007-004-000 Mail to: Bass, Berry & Sims PLC, 150 Third Avenue South, Suite 2800, Nashville, TN 37201, Attn: Laura Lincoln This instrument was prepared by: Susan Elliott Rich, Esq. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 633 Chestnut Street, Suite 1900 Chattanooga, TN 37450 Brief description for Index: Wilmington, Sunnyvale, New Hanover County, North Carolina LIMITED WARRANTY DEED (Site Identifier: Wilmington, Sunnyvale, New Hanover County, North Carolina) THIS DEED made this 1st day of April, 2022, by and between GRANTOR ARGOS USA LLC, a Delaware limited liability company, successor by name change to ARGOS CEMENT LLC, successor by merger with ARGOS READY MIX LLC, a Delaware limited liability company, successor by merger with ARGOS READY MIX (CAROLINAS) CORP., a North Carolina corporation, successor by name change to SOUTHERN EQUIPMENT COMPANY, INC., a North Carolina corporation Mailing address: 3015 Windward Plaza, Suite 300 Alpharetta, GA 30005 GRANTEE HOLLINGSHEAD MATERIALS LLC, a Tennessee limited liability company Mailing address: 1000 Hollingshead Circle Murfreesboro, TN 37129 4857-9276-6232v5 2946663-000004 03/30/2022 The designation Grantor and Grantee as used herein shall include said parties, their successors and assigns, and shall include singular or plural as required by context. WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, alien, convey, transfer and confirm unto Grantee, its successors and assigns, in fee simple, all that certain lot or parcel of land more particularly described as follows (the "Property" or "Land"): See Exhibit "A" attached hereto and incorporated herein by reference. Together with all right, title and interest of Grantor, if any, in and to all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, all buildings and other improvements located thereon, and to all roads, alleys and ways bounding the Property. This conveyance is made subject only to taxes and assessments for the year 2022 and subsequent years not yet due and payable and those matters listed on Exhibit `B" attached hereto and incorporated herein by reference (collectively, the "Permitted Encumbrances"). TO HAVE AND TO HOLD unto Grantee, its successors and assigns, in fee simple, forever. Grantor does further for itself and its successors and assigns, warrant, represent and covenant with Grantee, its successors and assigns, that Grantor will warrant and forever defend the right and title to the herein described Property unto Grantee against the lawful claims of all persons owning, holding or claiming by, through or under Grantor and not otherwise, subject to the Permitted Encumbrances. [Signature appears on the following page] 4857-9276-6232v5 2946663-000004 03/30/2022 IN WITNESS WHEREOF, Grantor has caused this Limited Warranty Deed to be executed on the date first above written. GRANTOR: ARGOS USA LLC, a Delaware limited liability company, successor by merger/name change SOUTHERN EQUIPMENT COMPANY, INC., a North Carolina corporation By: Name: William B. Wagner Title: President STATE OF GEORGIA COUNTY OF FULTON Before the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared William B. Wagner, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the President of Grantor herein, the within named bargainor, and that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of said company in his official capacity. WITNESS my hand and seal at office this Z9 day of March, 2022. Notary Public Commission Expires: /d'-Vq—ZD ZZ [ Affix Notary Seal ] 4857-9276-6232v2 2946663-000004 03/24/2022 EXHIBIT "A" Legal Description (Site Identifier: Wilmington, Sunnyvale, New Hanover County, North Carolina) File No.: NCS-I 112912-14-CHI2 The Land referred to herein below is situated in the County of New Hanover, State of North Carolina, and is described as follows: WILMINGTON, NEW HANOVER COUNTY (PLANT 916) LYING AND BEING IN NEW HANOVER COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE TRUE POINT OF BEGINNING, BEGIN AT A NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINES OF RIVER ROAD AND SUNNYVALE DRIVE; THENCE CONTINUING WITH THE CENTERLINE OF SUNNYVALE DRIVE THE FOLLOWING TWO (2) CALLS: (1) SOUTH 80-53-06 EAST 1192.17 FEET TO A RAILROAD SPIKE; THENCE (2) SOUTH 86- 15-22 EAST 839.03 FEET TO A POINT; THENCE NORTH 00-24-00 EAST 40.00 FEET TO AN IRON PIPE LOCATED ON THE NORTHERN RIGHT OF WAY MARGIN OF SUNNY -VALE DRIVE, THE TRUE POINT OF BEGINNING, THENCE FROM SAID TRUE POINT OF BEGINNING AND WITH THE EASTERN BOUNDARY OF PROPERTY OWNED BY STANFIELD (NOW OR FORMERLY) AS DESCRIBED IN BOOK 1165, PAGE 463, NEW HANOVER COUNTY REGISTRY, NORTH 00-24-00 EAST 1038.38 FEET TO AN IRON PIPE LOCATED ON THE SOUTHERN MARGIN OF THE CSX RAILROAD RIGHT OF WAY (100 FOOT WIDE); THENCE SOUTH 73-55-00 EAST 290.82 FEET TO AN EXISTING IRON PIN; THENCE SOUTH 43-35-00 EAST 335.20 FEET TO AN IRON PIPE; THENCE WITH THE WESTERN BOUNDARY LINE OF PROPERTY OWNED BY PAZUIK (NOW OR FORMERLY) AS DESCRIBED IN BOOK 1397, PAGE 1508, AFORESAID REGISTRY, SOUTH 21-37-00 WEST 762.26 FEET TO AN IRON PIPE, LOCATED ON THE NORTHERN RIGHT OF WAY MARGIN OF SUNNYVALE DRIVE; THENCE WITH THE AFORESAID MARGIN OF SUNNYVALE DRIVE THE FOLLOWING TWO (2) CALLS: (1) WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT IN A NORTHWESTERLY DIRECTION HAVING A CHORD BEARING AND DISTANCE OF NORTH 89-39-54 WEST 2.35 FEET (CENTERLINE CURVE DATA AS FOLLOWS: DELTA=32-00-00. TANGENT=308.13 FEET; RADIUS=1074.55 FEET) TO A NAIL; THENCE (2) NORTH 89-36- 00 WEST 226.00 FEET TO THE TRUE POINT OR PLACE OF BEGINNING; CONTAINING APPROXIMATELY 8.47 AA -ES. ALL AS SHOWN ON SURVEY FOR DICKERSON REALTY CORPORATION, PREPARED BY ROBERT H. GOSLEE & ASSOCIATES, DATED OCTOBER 8, 1991 (65-00-07..03). 4857-9276-6232v5 2946663-000004 03/30/2022 EXHIBIT `B" Permitted Encumbrances (Site Identifier: Wilmington, Sunnyvale, New Hanover County, North Carolina) 1. [Intentionally deleted.] 2. [Intentionally deleted.] 3. Taxes and assessments for the year 2022 and subsequent years, not yet due and payable, plus any penalties and interest which may accrue. 4. [Intentionally deleted.] 5. [Intentionally deleted.] 6. Terms, provisions, covenants, conditions, easements and restrictions as provided in Restrictive Covenants set forth in Special Warranty Deed, recorded in Book 5285, Page 1180, New Hanover County Registry. 7. [Intentionally deleted.] 8. Easement to Duke Energy Progress, LLC, a North Carolina limited liability company recorded in Book 6469, Page 2569, New Hanover County Registry. 9. 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 and rights of way for railroad, switch tracks, spur tracks, railway facilities, easements, and other related interests, if any, on and across the Land. 10. [Intentionally deleted.] 11. [Intentionally deleted.] 12. Riparian rights, if any. 13. Reservation of gas, oil and/or mineral rights. 14. Any inaccuracy in the area, square footage or acreage of the Land to be insured hereunder. 15. Title to and easements in, any portion of the Land lying within any highways, roads, streets or other ways. 16. [Intentionally deleted.] 4857-9276-6232v5 2946663-000004 03/30/2022 17. Rights of others in and to the use of easement(s) appurtenant affecting the Land, if any. 18. [Intentionally deleted.] 19. [Intentionally deleted.] 20. Matters shown on survey entitled "Wilmington — Sunnyvale", dated February 23, 2022, prepared by James Henson, Professional Surveyor, License No. L-5425. 4857-9276-6232v5 2946663-000004 03/30/2022