HomeMy WebLinkAboutNCG140105_Name-Owner Change Supporting Info_20220502Excise Tax: $
Parcel Identifier No.: 8-240-045
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: New Bern, Craven County, North Carolina
LIMITED WARRANTY DEED
(Site Identifier: New Bern, Craven 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
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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]
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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: �y
Name: William B: agner
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 ? _ day of March, 2022.
Notary Public
Commission Expires:
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EXHIBIT "A"
Legal Description
(Site Identifier: New Bern, Craven County, North Carolina)
File No.: NCS-1112912-10-CHI2
The Land referred to herein below is situated in the County of Craven, State of North Carolina,
and is described as follows:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATE IN
NUMBER EIGHT TOWNSHIP, CRAVEN COUNTY, NORTH CAROLINA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERN RIGHT-OF-WAY LINE OF RACETRACK
ROAD (N.C.S.R. 1220), SAID POINT OF BEGINNING BEING LOCATED THE FOLLOWING
COURSES AND DISTANCES FROM THE INTERSECTION OF THE CENTERLINE OF
RACETRACK ROAD (N.C.S.R. 1220) AND THE CENTERLINE OF THE ATLANTIC AND
NORTH CAROLINA RAILROAD RIGHT-OF-WAY; SOUTH 28' 10' 45" WEST 99.61 FEET;
THENCE NORTH 670 25' 22" WEST 30.15 FEET TO THE POINT OR PLACE OF
BEGINNING, SAID POINT OF BEGINNING BEING THE POINT OF INTERSECTION OF
THE WESTERN RIGHT-OF-WAY LINE OF RACETRACK ROAD AND THE SOUTHERN
RIGHT-OF-WAY LINE OF THE ATLANTIC AND NORTH CAROLINA RAILROAD RIGHT-
OF-WAY. THENCE FROM SAID POINT OF BEGINNING, SO LOCATED, ALONG AND
WITH THE WESTERN RIGHT-OF-WAY LINE OF RACETRACK ROAD SOUTH 280 10' 45"
WEST 329.49 FEET TO A POINT; THENCE CONTINUING ALONG AND WITH THE
WESTERN RIGHT-OF-WAY LINE OF RACETRACK ROAD SOUTH 280 03' 02" WEST
160.00 FEET TO A POINT; THENCE LEAVING RACETRACK ROAD NORTH 730 03' S6"
WEST 33.95 FEET; THENCE NORTH 730 03' S6" WEST 607.63 FEET TO A POINT IN A
WIRE FENCE; THENCE ALONG AND WITH THE WIRE FENCE NORTH 860 12' 27" WEST
2031.18 FEET TO A POINT; THENCE CONTINUING ALONG AND WITH THE WIRE
FENCE NORTH 200 25' 04" EAST 1205.19 FEET TO A POINT IN THE SOUTHERN RIGHT-
OF-WAY LINE OF THE AFORESAID ATLANTIC AND NORTH CAROLINA RAILROAD
RIGHT-OF-WAY; THENCE ALONG AND WITH THE SOUTHERN RIGHT-OF-WAY LINE
OF THE ATLANTIC AND NORTH CAROLINA RAILROAD RIGHT-OF-WAY SOUTH 670
25' 22" EAST 2654.29 FEET TO THE POINT OR PLACE OF BEGINNING.
THE ABOVE DESCRIBED PARCEL I IS CONVEYED SUBJECT TO AND TOGETHER
WITH A 20 FOOT IN WIDTH DRAINAGE AND UTILITY EASEMENT, THE CENTERLINE
OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERN RIGHT-OF-WAY LINE OF RACETRACK
ROAD, SAID POINT OF BEGINNING BEING LOCATED THE FOLLOWING COURSES
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AND DISTANCES FROM THE INTERSECTION OF THE CENTERLINE OF RACETRACK
ROAD AND THE CENTERLINE OF THE ATLANTIC AND NORTH CAROLINA
RAILROAD RIGHT-OF-WAY; SOUTH 28' 10' 45" WEST 99.61 FEET TO A POINT; THENCE
NORTH 670 25' 22" WEST 30.15 FEET TO A POINT; THENCE SOUTH 280 10' 45" WEST
329.49 FEET TO A POINT; THENCE SOUTH 280 03' 02" WEST 160.00 FEET TO THE POINT
OR PLACE OF BEGINNING. THENCE FROM SAID POINT OF BEGINNING. SO
LOCATED, NORTH 730 03' 56" WEST 641.58 FEET TO A POINT IN A WIRE FENCE.
FURTHER, THAT PORTION OF THE ABOVE -DESCRIBED PARCEL I WHICH IS
DESCRIBED IN THE DEED RECORDED IN BOOK 1115, PAGE 982, IS CONVEYED
SUBJECT TO CERTAIN MINERAL RIGHTS RESERVATION RESERVED BY
INTERNATIONAL PAPER REALTY CORPORATION IN THE DEED RECORDED IN BOOK
1043, PAGE 859, CRAVEN COUNTY REGISTRY.
LESS AND EXCEPT FROM THE FOREGOING THAT PORTION THEREOF CONVEYED
TO SELLHORN-SCHEPER, L.L.C. BY DEED RECORDED IN BOOK 2209, PAGE 83,
CRAVEN COUNTY REGISTRY.
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EXHIBIT `B"
Permitted Encumbrances
(Site Identifier: New Bern, Craven 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. Easements and any other facts as shown on plat recorded in Plat Cabinet A, Slide 40B, Craven
County Registry.
7. Easements and any other facts as shown on plat recorded in Plat Cabinet C, Slide 369, Craven
County Registry.
8. General Permit recorded in Book 513, Page 68 Craven County Registry.
9. Creation and establishment of a joint right of way and easement by and between Stevenson
Brick & Block Company, a corporation and Weyerhaeuser Properties, Inc., a corporation, recorded
in Book 734, Page 512, Craven County Registry.
10. Right(s) of way to Stevenson Brick & Block Co. Inc. recorded in Book 591, Page 503, Craven
County Registry.
11. Easement to Westminster Company recorded in Book 1013, Page 219, Craven County
Registry.
12. Easement to City of New Bern, a North Carolina municipal corporation recorded in Book 2746,
Page 292, Craven County Registry.
13. Deed with reservation of easements and mineral rights interests contained therein, recorded in
Book 1043, Page 859 Craven County Registry.
14. Deed with easement(s) conveyed therein, recorded in Book 1115, Page 977 Craven County
Registry.
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15. Deed with reservation of easements contained therein, recorded in Book 1115, Page 982
Craven County Registry.
16. Terms, conditions and provisions of unrecorded Lease evidenced by instrument recorded in
Book 391, Page 19, Craven County Registry. (recorded prior to Examination Period but identified
as an exception in deed recorded in Book 877, Page 423)
17. Easement to Carolina Power & Light Company recorded in Book 539, Page 481, Craven
County Registry. (recorded prior to Examination Period but identified as an exception in deed
recorded in Book 877, Page 423)
18. Easement to Carolina Power & Light Company recorded in Book 548, Page 37, Craven County
Registry. (recorded prior to Examination Period but identified as an exception in deed recorded in
Book 877, Page 423)
19. Easement to Carolina Power & Light Company recorded in Book 569, Page 142, Craven
County Registry. (recorded prior to Examination Period but identified as an exception in deed
recorded in Book 877, Page 423)
20. Right(s) of way to State Highway Commission recorded in Book 591, Page 496, Craven
County Registry. (recorded prior to Examination Period but identified as an exception in deed
recorded in Book 877, Page 423)
21. Easement to City of New Bern, a North Carolina municipal corporation recorded in Book 703,
Page 232, Craven County Registry. (recorded prior to Examination Period but identified as an
exception in deed recorded in Book 877, Page 423)
22. Reservation of Mineral Rights set forth in instrument recorded in Book 1043, Page 859 (see
also deed recorded in Book 1393, Page 297), Craven County Registry.
23. Reservation of 20 foot drainage and utility easement set forth in deed recorded in Book 1393,
Page 297, Craven County Registry.
24. [Intentionally deleted.]
25. Rights of others in and to the use of easement(s) appurtenant affecting the Land, if any.
26. 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.
27. [Intentionally deleted.]
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28. [Intentionally deleted.]
29. Riparian rights, if any.
30. Reservation of gas, oil and/or mineral rights.
31. Any inaccuracy in the area, square footage or acreage of the Land to be insured hereunder.
32. Title to and easements in, any portion of the Land lying within any highways, roads, streets or
other ways.
33. [Intentionally deleted.]
34. [Intentionally deleted.]
35. Matters shown on survey entitled "New Bern", dated March 11, 2022, prepared by James
Henson, Professional Surveyor, License No. L-5425.
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