HomeMy WebLinkAboutSW3170101_Property Deed_20230503Type: CONSOLIDATED REAL PROPERTY
Recorded: 7/6/2016 4:39:41 PM
Fee Amt: $26.00 Page 1 of 4
Iredell County, NC
Matthew J. McCall Register of Deeds
BK 2430 PG 2283 - 2286
COVER SHEET FOR DECLARATION OF WITHDRAWAL
Return to Russell W. Chapman, Jr., Attorney at Law,
320 West Broad Street, Statesville, NC 28677
R.O. T. C. Page Count:
NS PO S
Book: 2430 Page: 2283 Page 1 of 4
STATE OF NORTH CAROLINA
COUNTY OF IREDELL
DECLARATION OF WITHDRAWAL
Page 216
THIS DECLARATION OF WITHDRAWAL was made and executed this 20th day of
June, 2016 by the City of Statesville, a municipal corporation duly issued with its principal office
in Statesville, Iredell County, North Carolina.
WITNESSETH:
WHEREAS, the Statesville City Council by Resolution No. 13-16 after a public hearing
held at its regular meeting of June 20, 2016, did resolve to close and
withdraw from public use a portion of Camden Drive as more described as follows:
Being a parcel of land bounded on the east by the western margin of the right of
way of Interstate 77 (Deed Book 2053, Page 1263), on the north by the southern
boundary of the Roman Catholic Diocese of Charlotte NC (PIN 4744-75-0332) (Deed
Book 551, Page 523), on the west by the eastern margin of the right of way of Harmony
Drive if extended through its intersection with Camden Drive to the southern line of the
Roman Catholic Church of Charlotte NC and on the south by the northern boundary of
C&P Properties of Iredell, LP (a/k/a C&P Properties of Statesville, LP) [Lot Numbers
Twenty -Six (26) (PIN 4744-74-0847) and Twenty -Five (25) (PIN 4744-74-1863) of
Brookwood Hills II as the same is platted, planned and recorded at Plat Book 11, Page
55, Iredell County Registry] (Deed Book 1833, Page 329) and being more particularly
described by metes and bounds as follows:
Beginning at an iron pin found in the western margin of the right of way of
Interstate 77, said pin being located in the southeast corner of the Roman Catholic
Diocese of Charlotte NC; thence with the western margin of the right of way of Interstate
77, S 0553-51 W 63.26 feet to a computed point in the southern margin of the right of way
of Camden Drive, the northeast corner of C&P Properties of Statesville; thence with the
southern margin of the right of way of Camden Drive and northern line of C&P
Properties of Statesville, N 66-12-00 W 160.73 feet to a iron pin found; thence continuing
with the southern margin of the right of way of Camden Drive and with another northern
® line of C&P Properties of Statesville (Lot 26), N 66-12-00 W 86.71 feet to a computed
point; thence continuing with the margin of the right of way of Camden Drive and the
line of C&P Properties of Statesville with a curve to the left having a radius of 15 feet and
a length of 23.52 feet and chord bearing and distance of S 68-52-34 W 21.19 feet to a
computed point in the eastern margin of the right of way of Harmony Drive; thence with
a line crossing Camden Drive, N 23-57-08 E 75.16 feet to a computed point in the
northern margin of the right of way of Camden Drive and southern line of the Roman
Catholic Diocese of Charlotte NC; thence with the northern margin of the right of way of
Camden Drive and the southern line of the Roman Catholic Diocese of Charlotte NC, S
66-12-00 E 242.79 feet to the point and place of beginning and being 0.350 acres, more or
less, according to a survey entitled "Right of Way Abandonment — City of Statesville"
by Matthew I. Grant, PLS, dated May 02, 2016, a copy of which is attached hereto and
marked as Exhibit A; but said property is SUBJECT TO a reserved, perpetual easement
and right of way in favor of the City of Statesville and PSNC Gas Co. for utility purposes
including, but not limited to, sewer, water and electrical, over and across that portion of
the above -described tract marked with hatches on the above -described survey attached
hereto; and
WHEREAS, the closing of the portion of Camden Drive will benefit the adjoining property
is owners such as to allow for future development and is not contrary to the public interest; and
Book: 2430 Page: 2283 Page 2 of 4
Page 217
WHEREAS, no individual owning property in the vicinity of this street or in the subdivision
in which it is located would be deprived of reasonable means of ingress and egress to their
property; and
WHEREAS, an easement for public utility purposes for the portion of Camden Drive to
be closed shall be retained by the City of Statesville and PSNC Gas Co. as above -described.
NOW, THEREFORE, BE IT RESOLVED that in consideration of the premises and for
the purpose set forth above, and under and by virtue of the provisions of North Carolina General
Statutes, Section 160A-299, the City of Statesville by this instrument declares the portion of
Camden Drive described herein hereby closed and the same is hereby withdrawn from public
use to which it was heretofore dedicated. Pursuant to the above -referenced statute, upon the
recording in the Office of the Register of Deeds of Iredell County, North Carolina, of this
Declaration of Withdrawal, all right, title and interest in the right of way as described herein shall
be conclusively presumed to be vested in those persons owning lots or parcels of land adjacent
to the closed portion of Camden Drive, and the title of such adjoining landowners, for the width
of the abutting land owned by them, shall extend to the centerline of the street closed.
IN WITNESS WHEREOF, the City of Statesville has caused this instrument to be
executed in its corporate name by its duly authorized officers and its corporate seal to be affixed
hereto all by authority duly given and the date and year first above written.
ATTESTED: o�gtATift Cl OF STATESVILLE
Brenda Fugett, City Clerk Constantine H. Kutteh, Mayor
Carolina, do h&eby certify tha
a Notary Public of the County of North
City Clerk, personally appeared
before me this day and acknowledged the due exMution of the foregoing Declaration of
Wit rawal by �, Mayor of the City of Statesville, and attested to by
Clerk of the City of Statesville, for the purposes therein
expressed.
�M
� eVeal this OZ day of f-R-- 2016.
AUBL�G
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Book: 2430 Page: 2283 Page 3 of 4
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PIN: ♦744-]41863
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SURVEYOR CERTIFICATION
/
Notiea:
LEGEND:
Ipf - IRON PIPE FOUND
IA - IRON REBAR FOUND
aIXn - EXISTING CONCRETE MARKER
nH - NOT TO SCALE
R/
- RIGHT OF WAY
ZI - OVERHEAD ELECTRIC LINE
- COMPUTED POINT
m - WATER METER
, 'X - POWER POLE
e - SEWER MANHOLE
1-HYDRANT
• -SEWER CLEANOLfi
# - LIGHT POLE
PROPERTY SUIUECT TO ANY FACTS THAT MAY BE
DISCLOSED BY A FULL AND ACC nTTRE SEARLl1.
PROPERTY SUBIECT TO EASE•QfTS AND RIGHTS OF WAY
OF RECORD AND THOSE NOT OF RECORD, IF ANY EOST,
AREA BY COORDINTE COMPUTATION.
PROPERTY MAY K 9lBIECT TO GDIEAiB{TAL ORDINANCES,
ZONING AND OTHER REGULATIONS CON(MRNING THE DIVISION
AND DEVELOPMENT OF REAL ESTATE.
NO SUBTERRANEAN SURVEY PERFORMED AT THIS SITE
Dow , a. P"—a*W tM heAN M uRAP
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vmnaa. YY ml Rnd ,IyPow.e tNla day.
4, April 2016. JI55%p;!
Preliminary LS o6
For Review Only
Mattho I. Gmnl, P.LS. Lie— #5208
15,253.12 sq. ft.
TOTAL AREA: 0.350 acre
Mcin"Map - NotWSeale
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CURVE TABLE
CURVE LENGTH RADIl15 CN BRG CH DIS
C1 23.52 I. s6s•sr3+^w 21.19`
GRAPHIC SCALE
( IN FEET }
1 Inah • 40 M
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Book: 2430 Page: 2283 Page 4 of 4