SWA000212_Property Deed_20230706 (3)

IIIIII iiiiiiiiiiii iiii1iii ii iiii1l
2011004598
AVERY CO,NC FEE$26.00
STATE OF NC REAL ESTATE EXTX
$110.00
PRESENTED&RECORDED
11-30-2011 03:15:43 PM
RENEE DELLINGER
REGISTER OF DEEDS
BY CHASE DELLINGER
DEPUTY
BK: RE 460
PG: 1731-1736
Recording Time, Book& Page
Excise Tax: $ //O ^ File Number: 2081007.05 (ST)
State of North Carolina SPECIAL WARRANTY DEED
County of Avery
This Deed, made this 14th day of October 2011, by and between
Mountain Community Bank,
A Branch of Carter County Bank
(hereinafter called "Grantors")
and
ETC Linville,LLC
A North Carolina Limited Liability Company
Avery County Tax Office P.O. Drawer 1269
Property Ti = • ' •. ' Morganton, NC 28680
Date: I goz
t By:1 s:___
• (hereinafter called "Grantee")
Taxes Paid rt�` :z THE VILLAGE OF SUGAR MOUNTAIN
Date. WITNES SETH TAXES PAID THROUGH POI
11150/w ft
Grantors for and a valuable consideration paid by the said Grantee, the receipt of which is
hereby acknowledged, have bargained and sold, and by these presents do grant, bargain, sell and
Return to Grantee
Prepared by: di Santi Watson Capua& Wilson
PO Box 193, 642 W. King Street
Boone, NC 28607

RE 460 1732
2
convey unto the said Grantee,her heirs,successors and assigns, in fee simple,all that certain tract(s)
or parcel(s)of land lying and being in Banner Elk Township,Avery County,North Carolina,more
particularly described as follows:
BEING all of Tract 6-R consisting of 3.265 acres as shown on plat thereof recorded
in Plat Book 42, at Page 157 of the Avery County,North Carolina Public Registry,to
which plat reference is hereby made for a more complete description.
This conveyance is also made together with and subject to those certain terms,
conditions and restrictions set forth in those certain Declaration of Covenants,
Conditions and Restrictions for Grandfather Center at Sugar Mountain North
Carolina recorded at Book 278, Page 616 and re-recorded in Book 278,Page 1043,
Avery County Registry, to which reference is hereby made.
It is understood and agreed by Grantee, its successors and assigns that the 0.191
acre portion of that certain 45 foot wide road known as Grandfather Lane as
shown on the above-referenced plat recorded in Plat Book 42, Page 157, Avery
County Registry, is excepted from the herein-conveyed 3.265 acre Tract 6-R; that
Grandfather Lane shall remain open and unobstructed from the Village of
Grandfather gatehouse for access to Grandfather Center from remaining
property of Grantor described in Book 435, at Page 1109 and the Village at
Grandfather Subdivision as shown on the plats of The Village at Grandfather
recorded in Plat Book 40, Pages 51, 52 and 53, Avery County Registry, to which
deed and plats reference is hereby made for a more complete description; that
Grantee, its successors and assigns shall not have the right of access to
Grandfather Lane directly from the herein-conveyed 3.265 acre Tract 6-R,
including, without limitation, the right to have any curb cuts or driveway
connections; and that Grantee, its successors and assigns shall not be obligated to
share in the cost to maintain and repair said road.
Together with perpetual,non-exclusive easements and rights-of-way for vehicular
and pedestrian access, for ingress to and egress from the 3.265 acre Tract 6-R
described above, and a perpetual, non-exclusive easement for utility lines and
facilities (including without limitation water, sewer, electricity, telephone and
cable television) and the right to lay, construct, maintain,repair and replace such
lines and facilities, said rights and easements being within, over and across the
following specifically identified tracts of land:
Prepared by: di Santi Watson Capua& Wilson
PO Box 193, 642 W. King Street
Boone,NC 28607

RE 460 1733
3
Beginning at a point being located South 23° 10' 52" East 285.908 feet from
N.C.G.S. "Inversheil"(NAD 27 coordinates N=874,071.106',E = 1,161,370.426';
Combined Scale Factor = 0.99979445), thence North 86° 34' 47" East along the
South right of way line of N.C. Highway 105 a distance of 88.25 feet to a point;
thence North 89° 19' 00" East a distance of 50.94 feet to a point being a property
corner of Tract 5; thence along the property line of Tract 5 the following courses
and distances: South 04° 00' 38" East 96.06 feet, South 53° 27' 14" East 114.00
feet, a curve to the left(having a chord bearing and distance of South 83° 55' 02"
East 250.88 feet, and a radius of 245.00 feet) with an arc length of 263.38 feet,
North 65° 17' 11" East 35.00 feet to the common corner of Tracts 1, 4 and 5;
thence South 24° 45' 00" East along the property line of Tract 1 a distance of
50.00 feet to the common property corner of Tracts 1 and 6; thence South 65° 17'
11" West along the property line of Tract 6 a distance of 35.00 feet to a point of
curve; thence along the property line of Tract 6 on a curve to the right having a
chord bearing and distance of North 83° 55' 13" West 302.10 feet, a radius of
295.00 feet, and an arc length of 317.16 feet, to a point; thence North 58° 27' 52"
West a distance of 114.50 feet to a point of curve; thence along a curve to the
right having a chord being and distance of North 41° 49' 27" West 78.35 feet, a
radius of 200.00 feet, and an arc length of 78.87 feet, to a point; thence North 35°
49' 23" West a distance of 98.24 feet to the point of beginning, containing 0.80
acre, more or less;
AND
Beginning at a point being located South 86° 43' 15" East 925.358 feet from
N.C.G.S. "Inversheil" (NAD 27 coordinates N=874,071.106',E = 1,161,370.426';
Combined Scale Factor = 099979445), thence North 54° 14' 00" East along the
South right of way line of N.C. Highway 105 a distance of 32.04 feet to a point;
thence North 50° 15' 00" East and continuing along the South right of way line of
N.C. Highway 105 a distance of 38.00 feet to the point westernmost corner of
Tract 2; thence South 37° 55' 40" East along the property line of Tract 2 a
distance of 53.53 feet to a point of curve; thence continuing along the property
line of Tract 2 along a curve to the right, having a chord bearing and distance of
South 31° 20' 20" East 79.47 feet, a radius of 346.30 feet, and an arc length of
79.65 feet, to a point; thence South 24° 45' 00" East and continuing along the
property line of Tract 2 a distance of 107.52 feet to a point being the
southernmost corner of Tract 2; thence South 65° 15' 00"West a distance of 70.00
feet to a point being the easternmost corner of Tract 3; thence North 24° 45' 00"
Prepared by: di Santi Watson Capua& Wilson
PO Box 193, 642 W. King Street
Boone,NC 28607

RE 460 1734
4
West along the property line of Tract 3 a distance of 107.52 feet to a point of
curve; thence along a curve to the left having a chord bearing and distance of
North 31° 20' 13" West 63.41 feet, a radius of 276.30 feet, and an arc length of
63.55 feet,to a point; thence North 37° 55' 40"West a distance of 53.53 feet to the
Point of Beginning, containing 0.37 acre, more or less;
AND
A strip of land fifty (50) feet in width, located Southeast of, adjacent to and
parallel to the northwesternmost property line of Tract 1 as described in a deed
from Wilmor Corp. to the ETC Partnership, dated January 31, 1996 and
recorded in Book 279, Page 51 of the Avery County Registry, which line is more
particularly described as follows:
Beginning at a point which is a corner of the common drive access between Tracts
4 and 5,which beginning point is located South 55° 33' 56" East 765.23 feet from
N.C.G.S. "Inversheil" (NAD 27 coordinates N=874,071.106',E =1,161,370.426';
Combined Scale Factor = 099979445), thence North 65° 17' 00" East along the
property line of Tract 4 a distance of 215.00 feet to the common corner between
Tracts 3 and 4; thence continuing thence North 65° 17' 11" East along the
property line of Tract 3 a distance of 229.29 feet to a point; thence North 65° 12'
22" East along the line of a common access area a distance of 70.19 feet to the
southernmost corner of Tract 2; thence North 46°57' 03"East along the property
line of Tract 2 a distance of 142.00 feet to a point which is the corner of Tract 1-
A.
To have and to hold the said premises above described, with every privilege and
appurtenance thereunto belonging to the said Grantee, her heirs, successors and assigns, in fee
simple.
The Grantors covenant with the Grantee,her heirs,successors and assigns,that Grantors have
done nothing to impair such title as Grantors received and Grantors will warrant and defend the title
against the claims of all persons claiming by,under or through Grantors, except for the exceptions
hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
Prepared by: di Santi Watson Capua& Wilson
PO Box 193, 642 W. King Street
Boone,NC 28607

RE 460 1735
5
1. Ad Valorem real property taxes and assessment for the current year and subsequent
years;
2. All liens, encumbrances, easements, rights of way, leases, covenants, conditions,
restrictions and agreements of record;
3. All matters which would be disclosed by a recent and accurate survey of the property
conveyed;
4. All land use,building,municipal and subdivision laws,regulations and ordinances.
Pursuant to N.C.G.S.105-317.2,Grantor represent that the property conveyed herein IS NOT
its primary residence.
Prepared by: di Santi Watson Capua& Wilson
PO Box 193, 642 W. King Street
Boone,NC 28607

RE 460 1736
6
IN WITNESS WHEREOF,the said Grantors have hereunto set their hands and seals,or if
corporate, has caused this instrument to be signed in its corporate name by its duly authorized
officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year
first above written.
Mountain Community Bank,
A Branch of Carter County Bank
By: (SEAL)
Carol avis,Vice President
STATE OF NORTH CAROLINA
COUNTY OF ki e n,
I certify that the following person(s)personally appeared before me this day,each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated:Carolyn Davis,Vice President of Mountain Community Bank,a Branch of Cater
County Bank. `\
Witness my hand and official seal this 3CA of No i e doer , 2011.
No ary P`A444 13RObi,
o o1ARy
My commission expires: t`ka.1 'M\-\ 2 0\6 ? +
Pu '
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W:\DMW\Village at Grandfather\ETC Linville,LLC\Special Warranty Deed- t,MiAci
Prepared by: di Santi Watson Capua& Wilson
PO Box 193, 642 W. King Street
Boone,NC 28607