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HomeMy WebLinkAboutSW3220801_Property Deed_202208046457 .0545 FILED UNION COUNTY, NC CRYSTAL CRUMP REGISTER OF DEEDS FILED Jun 03, 2015 AT 02:17 prn BOOK 06457 START PAGE 0545 END PAGE 0548 INSTRUMENT # 16107 EXCISE TAX (None) AH Excise Tax: $ 0 Tax Lot No: 06042001 Parcel Identifier No. Verified by County on the day of , 2015 by Mail after recording to Helms Robison & Lee, P.A. This instrument was prepared by R. Kenneth Helms, Jr. rkh Brief Description for the index 40.23 +/- acres Beulah Church Road NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made Mav It .2015 by and between GRANTOR BEULAH CHURCH ROAD DEVELOPERS, LLC, a North Carolina Limited Liabilty Company 5615 Potters Road Matthews, NC 28104 GRANTEE BONTERRA BUILDERS, LLC, a North Carolina Limited Liability Company 5615 Potters Road Matthews, NC 28104 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. 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. WITNESSETH, that the 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 Grantee in fee simple, all that certain lot or parcel of land situated in Sandy Ridge Township, Union County, North Carolina and more particularly described as follows: SEE EXHIBIT "'A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE All or a portion of the property herein conveyed does not include the primary residence of a Grantor, pursuant to N.C.G.S. § 105-317.2. N. C. Bar Assoc. From No. 3 ® 1977 Printed by Agreement with the N.C. Bar Assoc. H003 6457 0546 The property hereinabove described was acquired by Grantor by instrument recorded in Book 6001, Page 825, Union County Registry. A map showing the above described property is recorded in Plat Cabinet, File. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: APPLICABLE ZONING; ANY EASEMENTS AND RIGHTS OF WAY FOR SERVICE LINES, ROADS AND UTILITIES AS MAY BORDER OR CROSS THE PROPERTY INCLUDING, IF APPLICABLE, THE SUBDIVISION STREETS AS SHOWN ON RECORDED PLAT; ANY EASEMENTS RESERVED IN THE RESTRICTIVE COVENANTS, INCLUDING HOMEOWNERS ASSOCIATION PROVISIONS; APPLICABLE RESTRICTIVE COVENANTS OF RECORD AND STREET ASSESSMENTS;2015 REAL PROPERTY TAXES; SUBJECT TO MATTERS THAT COULD BE REVEALED BY A CURRENT ACCURATE PHYSICAL AND BOUNDARY SURVEY AND ACTUAL INSPECTION OF THE PROPERTY. IN WITNESS WHEREOF, the undersigned Limited Liability Company Grantor has caused this instrument to be executed in the appropriate company name by its duly authorized manager(s) and has adopted as its seal the word "SEAL" appearing at or beside its name and their signature(s), the day and year first above written. Beulah Church Road Developers, LLC, a North Carolina Limited Liab lit Com By: (SEAL) R. Dean Harrell, Me ber/Manager STATE OF NORTH CAROLINA COUNTY OF UNION SEAL, STAMP I, the undersigned, a notary public of the aforesaid county, do hereby certify that R. Dean Harrell, a member/manager of Beulah Church Road Developers, LLC, a North Carolina limited liability company, personally appeared before me this day, acknowledging to me that he or she voluntarily signed the foregoing instrument for the purpose stated therein and in the capacity indicated and acknowledged the execution and sealing of the foregoing instrument as member/rrkWg ,NH,[+pb,&lf of and as the act of the company referred to in this acknow Cft-'IV+.Zc WitrtBs e�c$9iWo B614seal this t da a , 2015. =My Commission Expires_ 10/16/2017 = Notary Public "'20 ?P� 1 /'�'�TH C ARC\"',1"" (Typed or printed name of Notary) My Commission Expires: ittomirf— N. C. Bar Assoc. From No. 3 ® 1977 Printed by Agreement with the N.C. Bar Assoc. 4003 MEBIT A 6457 ALL TLkT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN SANDY RIDGE 0547 TOWi1SNIP, U21ION COUNTY, NORTIL-GTROLINA-AND BEING HORS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the Northeasterly most comer of Lot 9 in the Mill Pond Acres Subdivision Section I found in Plat Cabinet 7 Page 64 and from a railroad spike found precisely 1.2 feet west of the centerline of Waxhaw-Indian Trail Rd. (State Road 1008) said road being a 60 foot public right-of-way and from said POLVT AND PLACE OF BEGDNI LNG North 61-58 46 West 448.87 feet passing a %, inch rebar found at 30.05 feet to a'/, inch rebar found; thence South 12-41-09 West 914.14 feet passing a'/. inch rebar found at 854.99 feet to a #4 rebar stake; said point being North 12-14-31 East 159.23 feet from a'/, inch rebar found said tie lire being in the Westerly most comer of Lots 3 & 4 of the aforementioned Mill Pond Acres Subdivision Section 1 Plat Cabinet 7 Page 64 in the Union County Registry; thence North 57-04-03 West 1052.28 feet to a 94 rebar found; thence North 72.00-18 West 300.18 feet to a point; thence North 14-42-4t East 41.16 feet passing a point at 7.69 feet to a'/. inch rebar found; thence North 73-19- 19 West 687.66 feet to a point; thence North 73-19-19 West 764.44 feet to a point said point being generally in the center of the west fork of Twelve Mile Creek and from said point North 10-13-06 East 37.56 feet to a point; thence North 08-03-45 East 172.31 feet to a point; thence North 13-34-59 West 120.33 feet; thence North 03-15-04 West 83.37 feet to a point; thence North 00-27-04 East 106.60 feet to a point; thence North 23-53-51 East 25.71 feet to a point; thence and leaving the center point of the west fork of Twelve Mile Creek North 89-51.59 East 68.99 feet to a North Carolina DOT right-of-way disc; thence South 88-53-24 East 179.37 feet to a point; thence South 76-41.04 East 121.90 feet to a North Carolina right-of-way disc; thence South 76-02-04 East 128.97 feet; thence South 59-09-09 East 82.47 feet to a point; thence North 32.55.24 East 30.00 feet to a point in the centerline of Beulah Church Road (State Road # 1346) a 60 foot public right-of-way; thence North 32-55-24 East 30.00 feet to a North Carolina DOT right-of- way disc; thence North 58-06-59 West 46.52 feet to a North Carolina DOT right-of-way disc; thence North 35-02-36 West 44.95 feet to a point; thence North 64-07-10 West 196.36 feet to a North Carolina DOT right-of-way disc; thence North 20-03-42 East 138.14 feet to a North Carolina DOT right-of-way disc; thence North 23-22-38 East 229.12 fret to a'/, inch rebar found, thence and running along the Southeasterly edge of Lot 1 of Cobblestone Subdivision Section 3 found in Deed Book 393 Page 816 and Plat Cabinet B File 399 :A; North 64-04-27 East 229.72 feet to a V. inch rebar found; thence North 36-04-30 East 720.14 feet to a '/ inch rebar found; thence North 69-46-46 East 112.38 feet to a % inch iron rebar found; said lire running along the Southern edge of Lot 7 of Cobblestone Subdivision Section 3 found in Plat Cabinet B File 399-A; thence South 69-07-14 East 627.97 feet to a'A inch rebar found; thence North 01-28-41 East 70L86 feet to a point'said point being in the centerline of a Duke Power right-of-way and continuing along the same line North 01.28-41 East 669.42 feet to :< inch rebar found; thence South 76-19.46 East 672.60 feet to a Y, inch rebar found; thence South 19-40-04 East 775.63 feet to a point in the centerline of the 63 foot Duke Power right-of-way as previously mentioned and continuing along the same line South 19-40-04 East 1127.61 feet to a''/, inch rebar found; thence North 69-35-28 East 270.81 feet to a''/•. inch rebar found; thence South t3.08-54 West 300.34 feet to a 4i inch rebar found; thence South 75- 29-00 East 383.05 feet to a point in the centerline of Waxhaw-Indian Trail Rd. (State Road 91008). passing a' inch rebar found at 335.91 Net and from said point thence South 29-24-00 West 92.10 feet to a point; thence South 23-25-15 Wes, 338.52 feet to a point; thence South 30-15-00 Wes: 152.80 feet to a poin: in the center of the intersection of the aforementioned Beulah Church Road (State Read k1346) and Waxhaw-Indian Trail Rd. (State Road 910081; thence South 31-25-13 West 414.05 feet to a point; thence South 28-26-14 East 133.36 feet to the POrNT AND PLACE OF BEGLWI\G containing 160.63 acres as surveyed by le -Trey S. Gordon, N.C.R.L.S. License 3751 on the 3b day of December, 2004. Betng the same property conveyed to Grantor by Deed from*Beulah Church Waxhaw Indian Trail Joint Venture, dated February 3, 2005, and recorded February 9, 2005, in Book 3687 at Page 914 of the Union County Public Registry. 6457 LESS AND ERCEPT THE i'ULLONiNG DESCRIBED PROPERTY"CONt/IRED TO AIR -WE -CO, LLC. 0548 BY DEED DATED JUNE 21q:1010 and recorded June 25, 2010, in Book 5351 at Page 798 of the Onion County Public Registry and being more tlacticularly described as follows: Beginning at a''/2" rebar found in the margin of the rioa ofway of Waxha:v-Indian Trail Road, (State Road 1008) is the southern property lice of Linda B. Wheeler, now or formerly, (Deed Book 4979 Page 659 Union County Registry), and running thence with the said property line S. 75 29 00 E. 32.14 feet to a point in the center of %1 axhaw-Indian Trail Road and running thence with the center of Waxhaw-Indian Trail Road the following three courses and distances (1) S. 29 24 00 W. 92.10 feet, (2) S. 23 25 15 W. 338.52 feet, (3) S. 30 15 00 W. 152.80 feet to a point in the intersection of Waxhaw- Indian Trail Road and Beulah Church Road (State Road 1346) and thence with the center line of Beulah Church Road the following twenty courses and distances, (1) S. 34 45 21 W. 747.53 feet, (2) S. 84 55 56 W. 292.73 feet, (3) S. 84 41 56 W. 175.50 fee% (4) S. S4 50 53 W. 87.52 feet, (5) S. 85 34 09 W. 94.14 feet, (6) S. S6 20 19 W. 78.03 feet, (7) S. 87 43 38 W. 63.39 feet, (8) N. 89 53 42 W. 77.68 feet, (9) N. 87 42 26 W. 112.39 feet, (10) N. 85 29 19 W. 77.49 feet, (11) N..83 35 44 W. $3.17 feet, (12) N. 310.6 15 W. 73.11 fee% (13) N. 73 12 19 W. 73.46 feet, (14) N. 73 16 51 W. 94.46 feet, (15) N. 67 19 43 W. 100.12 feet, (16) N. 62 03 13 W. 77.44 feet, (17) N. 59 24 12 W.76.23 feet, (IS) N. 58 l2 29 W. 117.17 fact, (19) N. 57 31 39 W. 82.03 feet, (20) N. 57 04 36 W. 413.50 feet to a point and ruttaing thence from tha middle of Beulah Church Road to the northern margin. of Beulah Church Road, N-32 5 i 24 E. 30 feet and thence N. 5 S 06 59 W. 46.52 feet, N. 35 02 36 W. 44.95 feet, to a NCDOT R/1V DISC, and thence N. 64 01 10 W. 196.36 feet to a point at the otargin of the inlersectioa of Beulah Church Road and Cobbleerack Drive and thence generally following the margin of the right of way of Cobblecreek Drive, N. 20 03 42 E. 133.14 feet to another disc, thence N. 28 22 38 E. 229.12 feet to a t!4 Rebar stalked, leaving the right of way of Cobblecreek Drive, thence N. 64 04 27 E.229.72 feet to a 3/4" Rebar found and thence with the rear lot lines of lots I through 14 of Cobblestone, Section 3, as shown in P13t Cabinet B at File 399 A in the Union County Pub.Lc Reg:stry, the folloMag four courses and distances, (1) N. 36 04 30 e. 720.14 fact. (2) N. 69 46 46 E. 112.38 feet, (3) S. 69 07 14 E. 627.97 tee% (4) N. OI 23 41 E. 1371.23 feet to a A' Rebar found, Lhence wida the rear lines of Lots 40, 39 and 34 of Wallington Woods No. 3, Plat Cabint: A File 145 A, Union County Public Registry, S. 76 19 45 E. 672.60 f et to a L:" Rebarfound, thence S. 19 40 04 E. t90329 feat to a'/:" Rebar found, thence N. 69 35 23 E. 270.31 fret to a 5i" Rebar found in a comer of the Wheeler property, thence with the Wheeler property S. 13 03 54 W. 300.34 feet to a '/:" Rebar found, thence continuing wit.`: the Wheeler property S 75 29 00 E. 355.91 feet to d:e point and place of bc51n :i:,g, al:,be;rg1 l5 22 = es as shown on that boundary survey drawn by Jeffery S. Gordon, i`iCPL dared I 1-25-09. ALSO LESS AND EXCEPT FROM THE ABOVE DESCRIBED PROPERTY THE FOLLOWING BEGINNING at a point within the 60 foot public right of way for Waxhaw Indian Trail Road (S.R. 1008), said point being the southernmost comer of the Beulah Church Road Developers, LLC, now or formerly, property (Book 6001, Page 825) and being a corner of the Ricky G. Boles and wife, Joanne J. Bales, now or formerly, property (Book 351, Page 148), said point being located South 64-21-23 East 30.20 feet from a 5/8" existing iron rebar located in the common boundary line of said Beulah Church Road Developers, LLC property and the said Ricky G. Boles and wife, Joanne J. Boles property; thence from BEGINNING North 64-21-23 West along said common boundary line passing said 5/8" existing iron rebar at 30.20 feet for a total distance of 448.87 feet to a "existing von rebar; thence a new line in the said Beulah Church Road Developers, LLC property North 44-11-32 East passing a Vz inch new iron rebar at 336.95 feet for a total distance of 385.29 feet to a point in the centerline in the 60 foot public right of way for Beulah Church Road (S.R. 1346); thence along centerline of said Beulah Church Road West 82-20-15 East 421.41 feet to a point located in the intersection of said Beulah Church Road and said Waxhaw Indian Trail Road; thence two (2) calls within the right of way for said Waxhaw Indian Trail Road; (1) South 29- 02-36 West 414.05 feet to a point; and, (2) South 26-03-37 West 183.36 feet to the point and place of BEGINNING , and containing 4.18 acres, more or less, shown on a survey by Russell L. Whitehurst, PLS dated February 4, 2014.