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HomeMy WebLinkAboutNCG140135_Name-Owner Change Supporting Info_20220502Excise Tax: $ Parcel Identifier No.: 030093 and 030092 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: Jacksonville, Onslow County, North Carolina LIMITED WARRANTY DEED (Site Identifier: Jacksonville, Onslow 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 4882-2467-5096v4 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] 4882-2467-5096v4 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 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 By: Name: William B. faganer 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: [ Affix Notary Se; WOL 11v ONF N S+ 00 (� y PUB\-,: CV.-O o �j 7p ;01, Oa p (C/ i� S` • SN4BER COUN�� riI l o w%% 4882-2467-5096v2 2946663-000004 03/24/2022 EXHIBIT "A" Legal Description (Site Identifier: Jacksonville, Onslow County, North Carolina) File No.: NCS-1112912-11-CHI2 The Land referred to herein below is situated in the County of Onslow, State of North Carolina, and is described as follows: TRACT 1: THE FOLLOWING LANDS LYING IN ONSLOW COUNTY, NORTH CAROLINA, TO -WIT: BEGINNING AT THE INTERSECTION OF THE SANDY RUN BRANCH WITH THE SOUTHERN RIGHT-OF-WAY LINE OF THE SABISTON CROSSING AND BURNT HOUSE FORK HIGHWAY AND RUNNING THENCE WITH SAID HIGHWAY RIGHT-OF-WAY LINE NORTH 27 DEGREES 05 MINUTES WEST 73 FEET TO BARRUS CONSTRUCTION COMPANY'S NORTHEAST CORNER, THENCE WITH BARRUS CONSTRUCTION COMPANY'S EAST LINE SOUTH 64 DEGREES 0 MINUTES WEST 543 FEET TO THE U.S. MARINE CORPS RAILROAD RIGHT-OF-WAY LINE WHICH IS 40 FEET FROM THE CENTER OF SAID RAILROAD, THENCE A SOUTHEAST COURSE WITH SAID RAILROAD RIGHT-OF-WAY TO THE RUN OF SANDY RUN BRANCH, THENCE UP AND WITH THE RUN OF SAID BRANCH TO THE BEGINNING CONTAINING ONE (1) ACRE, MORE OR LESS. BEING THE SAME PROPERTY CONVEYED UNTO BARRUS CONSTRUCTION COMPANY BY JOHN D. WETHINGTON AND MILDRED B. WETHINGTON BY DEED DATED MAY 7, 1953 AND OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS FOR ONSLOW COUNTY, NORTH CAROLINA IN BOOK 241, PAGE 260. TRACT 2: THE FOLLOWING LANDS LYING IN ONSLOW COUNTY, NORTH CAROLINA, TO -WIT: BEGINNING AT A STAKE IN THE RIGHT-OF-WAY LINE OF THE SABISTON CROSSING AND BURNT HOUSE FORK HIGHWAY, SAID POINT BEING 73 FEET NORTHWARDLY FROM THE CENTER OF CULVERT OVER SANDY RUN BRANCH, AND RUNNING THENCE WITH THE AFORESAID HIGHWAY RIGHT-OF-WAY LINE NORTH 270 05' WEST 300 FEET TO A STAKE, THENCE SOUTH 640 0' WEST 543 FEET TO THE U.S. MARINE CORPS RAILROAD RIGHT-OF-WAY LINE WHICH IS 40 FEET FROM THE CENTER OF SAID RAILROAD, THENCE WITH SAID RAILROAD RIGHT-OF-WAY LINE AND PARALLEL THERETO SOUTH 390 25' EAST 305 FEET TO A STAKE IN THE EDGE OF THE WOODS, THENCE NORTH 570 10' EAST 144.5 FEET TO A STAKE, THENCE 4882-2467-5096v4 2946663-000004 03/30/2022 NORTH 670 25' EAST 325 FEET TO THE BEGINNING, CONTAINING 3.38 ACRES. BEING THE SAME PROPERTY CONVEYED UNTO BARRUS CONSTRUCTION BY JOHN D. WETHINGTON AND MILDRED B. WETHINGTON BY DEED DATED SEPTEMBER 22, 1951 AND OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS FOR ONSLOW COUNTY, NORTH CAROLINA IN BOOK 229, PAGE 126. TRACT 3: THE FOLLOWING LANDS LYING IN ONSLOW COUNTY, NORTH CAROLINA, TO -WIT: LYING AND BEING ON THE SOUTH SIDE OF SANDY RUN AND THE EAST SIDE OF THE U.S. NAVY RAILROAD, AND BEGINNING AT AN IRON STAKE IN THE EASTERN RIGHT OF WAY LINE OF SAID RAILROAD SAID BEGINNING POINT BEING NORTH 51 DEGREES EAST 40 FEET AND NORTH 38 DEGREES 47 MINUTES WEST 315.70 FEET FROM THE CENTERLINE OF HARGETT STREET; THENCE FROM SAID BEGINNING POINT AND WITH THE EASTERN RIGHT OF WAY LINE OF U.S. NAVY RAILROAD NORTH 38 DEGREES 47 MINUTES WEST 465.36 FEET TO AN IRON STAKE IN THE RUN OF SANDY RUN AND ALSO THE LINE OF THE PROPERTY PRESENTLY OWNED BY BARRUS CONSTRUCTION COMPANY; THENCE WITH RUN OF SANDY RUN IN A GENERAL DIRECTION OF NORTH 83 DEGREES 9 MINUTES EAST APPROXIMATELY 379.48 FEET TO AN IRON STAKE NEAR THE MOUTH OF A DITCH WHICH EMPTIES INTO SANDY RUN, SAID DITCH ALSO BEING THE JOHN LOFTIN LINE; THENCE WITH THE RUN OF SAID DITCH AND THE JOHN LOFTIN LINE SOUTH 32 DEGREES 35 MINUTES EAST 120.32 FEET AND SOUTH 18 DEGREES 33 MINUTES EAST 153.44 FEET TO AN IRON STAKE; THENCE SOUTH 51 DEGREES WEST 256 FEET TO THE BEGINNING, CONTAINING APPROXIMATELY 2.56 ACRES AND BEING A PART OF THE PROPERTY DEVISED TO NELLIE POLLOCK (NOW NELLIE POLLOCK SHARPLESS) BY THE WILL OF LUCY MURRILL WHICH WILL IS RECORDED IN WILL BOOK 5, PAGE 300, ONSLOW COUNTY REGISTRY. BEING THE SAME PROPERTY CONVEYED UNTO BARRUS CONSTRUCTION COMPANY BY NELLIE POLLOCK SHARPLESS AND JOHN H. SHARPLESS, SR. BY DEED DATED APRIL 25, 1966 AND OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS FOR ONSLOW COUNTY, NORTH CAROLINA IN BOOK 351, PAGE 456. 4882-2467-5096v4 2946663-000004 03/30/2022 EXHIBIT `B" Permitted Encumbrances (Site Identifier: Jacksonville, Onslow 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. Waiver of Rights and Deed of Rights for Easement to City of Jacksonville, a municipal corporation recorded in Book 569, Page 286, Onslow County Registry. as to all tracts. 7. Right(s) of way Agreement to State Highway Commission, its successors and assigns set forth in Deed of Trust recorded in Book 337, Page 205, Onslow County Registry. as to all tracts. 8. Notice of Residual Petroleum recorded in Book 2526, Page 767, Onslow County Registry; NOTE: The description of the property affected by the Notice of Residual Petroleum recorded in Book 2526, Page 767, is ambiguous. 9. Notice of Residual Petroleum recorded in Book 2807, Page 491; as to Tract 2 only; and related Affidavit of Correction in Book 3335, Page 776, Onslow County Registry. 10. 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. 11. [Intentionally deleted.] 12. Rights of others in and to the use of easement(s) appurtenant affecting the Land, if any. 13. [Intentionally deleted.] 14. [Intentionally deleted.] 4882-2467-5096v4 2946663-000004 03/30/2022 15. Riparian rights, if any. (Ditches, branches) 16. Reservation of gas, oil and/or mineral rights. 17. Any inaccuracy in the area, square footage or acreage of the Land to be insured hereunder. 18. Title to and easements in, any portion of the Land lying within any highways, roads, streets or other ways. 19. [Intentionally deleted.] 20. [Intentionally deleted.] 21. Matters shown on survey entitled "Jacksonville", dated March 2, 2022, prepared by James Henson, Professional Surveyor, License No. L-5425. 4882-2467-5096v4 2946663-000004 03/30/2022