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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 My 4ze� /o, ao.7 c Book: 2430 Page: 2283 Page 3 of 4 6 64111 �•4 05,3 h, I � 3tl 260,3 9i / I I i PIN: 4744-74-0847 I ' 1 .V C B P Prope°tles o/ SU1ep l W M D.B. 18P,D. 33, I,- 329 26 - IlPo 55 oI C 10 , Zoned: R-10 i l� PIN: ♦744-]41863 LSPPIeA o ,q 11 D.Bof .329 I , ~ I q 25- Part of Lot 25 P.B..B. 11,1, Po. 55 Zoned: R-10 j �.0 PC&PP 7 \ Y e404>•� \ \ of yLO 1111 Po.329 \ (� y •y$.,+,� \ \ ReeWed LotOR - P.B. 11, Pg. SS Zoned: R-10 \ \ \ \ 1 _ 1 \ 176N78'53'�•E 5Y I l am. V \ i 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 A.w aM 6 n eejd Ra •Y Aoyed. which ,q M dKhmW by a 9-0 EN RaeaM BA —A. I, NITMM L MMC MDR39 KIMD 91RFCRRODR19TTRTiM MTY& OANA BOB M 9RBF M RIM M A.11919R1fl IBF MDN OAI®I8f 8l M 4FBNID01 MR MMWnM R80M Pd1L Z EC)(ORE7MAT11E &M WT9MMMEOEAEYM DMA5D M IRONMftTIDNTWON NOR Fa�1MTMMT00FN8m4 M WORAT®B I:1UM; WTMRATM PIUMM DM(pBWRMM49 Q MBM9OB1. 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 j I U W O = 49 1 w I 0 1ii /• ice V t W W J m t J �►-ay a0zZ W V O 4 IL ern�d� = ZOZW 49 o t cc 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 .,... . a ,,.A..... -a. 'i' Wr 3»..r�� F011,;, e 5'•t e .w.x.;+ Vti,w.s rl� •FiY1W'41fsi - ..-.+'wu'sIroPo,S� -.. Book: 2430 Page: 2283 Page 4 of 4