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HomeMy WebLinkAboutSW6231101_Property Deed_20231102 FILED RECORDED IN THE 04745 s 5 '76 2 OFFICE OF HARNETT COUNTY BOCK PAGE - TAX SUPERVISOR ' 9219a? 20 Pal 59 . C)' -9S9By U-9SV--61 (-( '-6\1(5-4\j\A) -- r. HOLDER FE " . :;T R OF DEEDS ', ()UNT # , NC Excise Tax Recording Time. Book and Page Parcel Identifier No . 01-9594-0048 , 01-9584-0048-06 thru 13 , 15 thru 19 4111 Verified by County on the day of , 1 by Mail after recording to WOODALL, FELMET & PHELPS , P .A. Attorneys at Law, P 0 Box 39 , Lillington , NC 27546 This instrument was prepared by L. Holt Felmet NORTH CAROLINA WARRANTY DEED f THIS DEED made this _2_0 day of May, 1992 by and between 9204745 GRANTOR GRANTEE ODELL A. SMITH, SR. FOREST RIDGE SUBDIVISION, INC , 400 Odell Road 400 Odell Road Spring Lake, NC 28390 Spring Lake, NC 28390 Enter in appropriate block for each party; name, address. and if appropriate. character of entity. c.q. 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 to Grantee, the receipt of which is hereby acknowledged, has bargained 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 Anderson Creek Township, Harnett County, North Carolina and more particularly described as follows : A parcel of land containing 210 . 322 acres , more or less , being the Josh Lofton Estate, Anderson Creek Township, Harnett County, North Carolina, according to map and survey dated November 21 , 1985 , by Artis P . Spence, Registered Surveyor, to which references is made for a more particular description, and being described as follows : BEGINNING at an iron pipe corner of Babcock Village and the Lofton Property South 10 degs . 01 minutes 40 seconds West 25 . 00 feet to an iron pipe in a fence line South 57 degs . 52 minutes 40 seconds East 25 . 00 feet to an iron pipe corner of Carolina Telephone Lot : thence North 10 degs . 01 minutes 40 seconds East to an iron pipe in the right of way of N . C . 87 ; thence with the right of way N.C . 87 South 57 degs . 52 minutes 40 seconds East 273 . 02 feet to a point on the right of way; thence South 56 degs . 52 minutes 34 seconds East 326 . 24 feet to a point on the right of way of N. C . 87 ; thence with the right of way South 53 degs . 35 minutes 34 seconds East 303 . 11 feet to an iron stake, corner of a lot which is an exception from this tract of land;- thence South 40 degs . 02 minutes 02 seconds West 200 . 00 feet to . an iron stake corner of lot; thence South 49 degs . 57 minutes 58 seconds East 200 . 00 feet to an iron stake corner of lot; thence North 40 degs . 02 minutes 02 seconds East 200 . 00 feet to an iron stake on the right of way of N. C . 87 corner of lot; thence with the right of way of N . C . 87 South 46 degs . 04 minutes 58 seconds East 328 . 01 feet to a point on the right of way of N. C . 87 between two telephone pedestals ; thence South 53 degs . 08 minutes 28 seconds East 618 . 79 feet to a corner with Joseph Washington; thence North 87 degs . 02 minutes 39 seconds 231 . 00 feet, new iron stake flush with ground; thence South 58 degs . 35 minutes 43 seconds West 1923 . 42 feet crossing N . C . 87 to 57 G an iron stake; thence North 63 degs . 40 minutes 08 seconds West 214 . 00 feet to an iron stake on a rocky knoll ; thence South 33 degs . 59 minutes 29 seconds West 1532 . 46 feet to a concrete monument corner with pulpwood company' s ; thence South 37 degs . 56 minutes 24 seconds West 1224 . 30 feet to an iron stake 15 feet below the surface; thence North 64 degs . 09 minutes 26 seconds West 1522 . 96 feet to an iron stake 15 feet below the surface; thence North 33 degs . 30 minutes East 900 . 90 feet to an iron stake 15 feet below surface; thence North 50 degs . West 1077 . 12 feet to a lightwood knot, old original corner with an iron stake and pointer trees ; thence North 39 degs . 15 minutes East 1991 . 22 feet to an 4110 iron stake 15 feet below surface ; thence South 63 degs . 14 minutes 44 seconds East 1891 . 14 feet to an iron stake old original corner with the pulpwood company; thence North 14 degs . 04 minutes 46 seconds East 1574 . 74 feet to the BEGINNING containing 210 . 322 acres , SAVING AND EXCEPTING : FIRST EXCEPTION : The above described conveyance is subject to an easement dated July 24 , 1984 , from Thomas H . Lofton and others to Carolina Telephone Company for parcel being 25 feet by 25 feet located on the Northwest corner of the above described tract of land adjacent to N. C . Hwy. 87 , being more specifically described by an insert in the description and survey of the above described property being recorded on map an survey dated November 21 , 1985 , by Artis P . Spence , Registered Surveyor, recorded in Plat Cabinet C , Slide 81- D, Office of Register of Deeds of Harnett County to which reference is made for a more particular description, and said easement is recorded in Book 48 6, Page 487 , Office of Register of Deeds of Harnett County, North Carolina, to which reference is made for a more particular description. SECOND EXCEPTION : 4110 The above described property is subject to .a boundary line lappage question from a small triangle adjacent to the Northwest corner of said property, being a parcel containing 0 . 284 acre and being described: BEGINNING at an iron pipe in the southern margin of NC Hwy . 87 , corner with Babcock Village Subdivision; thence South 10° 01 ' 40 " West 513 . 77 feet to an iron pipe; thence North 5 7 ° 09 ' West 38 . 34 feet to the old Lofton Property boundary; thence North 14° 04 ' 46 " East 500 . 15 feet to the BEGINNING, and reference is made to said lappage question with Babcock Village Subdivision as described by map and survey recorded in Map Book 8 , Page 17 , Registry of Harnett County and the lappage shown by this description as shown on a map and survey dated November 21 , 1985 , by Artis P . Spence, Registered Surveyor, which is recorded in Plat Cabinet C , Slide 81-D, Registry of Harnett County, North Carolina, to which reference is made for a more particular description of the lappage question . THIRD EXCEPTION: The above described property is subject to that right of way for N. C . Hwy 87 , being a 150 feet easement extending through the Northern area of the above described property as shown by map and survey dated November 21 , 1985 , by Artis P . Spence, Registered 4110 Surveyor, which is recorded in Plat Cabinet C, Slide 81-D , Registry of Harnett County to which reference is made for a more particular description and location of said Highway right of way . FOURTH EXCEPTION : That certain tract or parcel of land containing 9 . 473 acres , more or less , being shown on that certain survey by Artis P . Spence , RLS , entitled " Survey for Gary Michael Smith and wife , Leigh Ann Smith" dated August 1986 , and appearing of record in Plat Cabinet C, Slide 142A, Harnett County Registry, which plat is incorporated 2 577 by reference; which lands are located in Anderson Creek Township, Harnett County, North Carolina on proposed Melody Lane, bounded now or formerly as follows : on the Northwest , Northeast and Southeast by Odell A. Smith , Sr . and on the. Southwest by the center line of proposed Melody Lane and more particularly described as follows : BEGINNING at a new iron stake, located in the center line of proposed Melody Lane ( said stake being located North 50 degs . West a distance of 900 . 15 feet from a point in the eastern property line of the Odell Smith , Sr . tract where it borders the Military Reservation and said point in the eastern line being located South 37 degs . 56 minutes 24 seconds West, a- distance of 401 . 24 feet from Corps of Engineers marker No . 79 ) ; running thence as the center line of proposed Melody Lane North 50 degs . West , a distance of 483 . 01 feet to a new iron stake at the point where the center line of proposed Melody Lane intersects with the center line of proposed Leigh Court Cul de Sac; running thence as the center line of proposed Leigh Court Cul de Sac North 40 degs East a distance of 635 . 64 feet to a new iron stake in the Northeastern edge of the proposed cul de sac; thence continuing North 40 degs East a distance of 203 . 46 feet to a new iron stake; thence running South 42 degs 32 minutes 12 seconds East, a distance of 25 . 30 feet to another new iron stake; thence running North 77 degs . 16 minutes 06 seconds East , a distance of 184 . 51 feet to another new iron stake; thence running South 17 degs . 28 minutes 33 seconds East, a distance of 313 . 35 feet to a new iron stake; thence running South 26 degs . 38 minutes 52 seconds West a distance of 355 . 41 feet to a new iron stake; thence running South 40 degs . West, a distance of 468 . 64 feet to the point and place of BEGINNING, containing 9 . 473 acres , more or less . FIFTH EXCEPTION: A non-exclusive right of way ingress and egress described in previously conveyed Deeds of Easement by Grantor herein recorded in the Harnett County Registry and described therein as follows : Said non-exclusive right of way of ingress and egress being as shown upon that "Right of Way Survey for Odell Smith , Sr . " by Artis P . Spence, dated March 5 , 1988 , and recorded in Plat Cabinet D, Slide 22A, Harnett County Registry, which survey is incorporated herein by reference as if set forth herein and is referred to for a more particular description . Except that the paved road way has actually been located, in order to comply with the Department of Transportation requirements as shown in Plat Cabinet E , Slide 32-B and the rights of way described in the above paragraphs is herein excepted as the right of way of Melody Lane as shown on the map in Plat Cabinet E , Slide 32-B , Harnett County Registry, to the extent that map might vary from the original map in .Plat Cabinet D, Slide 22-A, Harnett County Registry . SIXTH EXCEPTION : All of that certain tract or parcel of land containing 1 . 54 acres of land, more or less , being shown upon that certain survey by Artis P . Spence , RLS , entitled " Section One , Forest Ridge Subdivision" and being shown as Lot No . 1 thereon, which plat appears of record in Plat Cabinet D, Slide 82D , Harnett County Registry and is incorporated herein by reference; said lot of land being located in Anderson Creek Township, Harnett County, North Carolina and being located along a private easement shown on a plat by Artis P . Spence recorded in Plat Cabinet D , Slide 22A, Harnett County Registry, and being more particularly described as follows : BEGINNING at a monument in the line of the U. S . Military Reservation which monument is the western most corner of that tract conveyed to Odell A. Smith, Sr . et al in Deed Book, 796 , Page 212 , Harnett County Registry, thence running as the line of the Fort 3 578 Bragg Military Reservation South 50 degs . East , a distance of 330 . 83 feet to an iron pipe set; thence running a new line with Smith North 53 degs . 35 minutes 47 seconds East , a distance of 302 . 74 feet to an iron pipe set in the western margin of that certain 50 foot right of way shown on a plat of record in Plat Cabinet D, Slide 22A, Harnett County Registry; thence in a generally North , Northwesterly direction as the arc of said Western margin of the right of way, a distance of 80 feet to another iron pipe set in the margin; thence as the line of Lots 1 and 2 on the above referenced survey South 84 degs . 45 minutes 53 seconds West , a distance of 477 . 95 feet to the point and place of beginning, 4111 containing 1 . 54 acres , more of less , and being Lot 1 of Section One, Forest Ridge Subdivision . SEVENTH EXCEPTION: All those certain tracts or parcels of land containing 2 . 5 acres , more or less , being shown upon that certain survey by Artis P . Spence , RLS , entitled " Section One, Forest Ridge Subdivision" and being shown as Lots No . 2 and 3 thereon, which plat appears of record ..in Plat Cabinet D , Slide 82D , Harnett County Registry and is incorporated herein by reference; said lots of land being located in Anderson Creek Township, Harnett County, North Carolina, and being more particularly described as follows : Lot 2 : BEGINNING at a monument in the line of the U. S . Military Reservation which monument is the westernmost corner of that tract conveyed to Odell A. Smith, Sr. et al in Deed Book 796 , Page 212 , Harnett County Registry, thence running as the line of the Fort Bragg Military Reservation North 39 degs . 15 minutes East , a distance of 298 . 13 feet to an iron pipe set; thence running as the line of Lot No . 3 South 72 degs . 59 minutes 31 seconds East , a distance of 312 . 56 feet to an iron pipe set in the western margin of that certain 50 foot right of way shown on a plat of record in Plat Cabinet D, Slide 22A, Harnett County Registry; thence 4111 generally in a southernly direction as the arc of said western margin of the right of way, a distance of 97 . 26 feet to another iron pipe set in the right of way margin; thence running as the line of Lot No . 1 , South 84 degs . 45 minutes 53 seconds West, a distance of 477 . 95 feet to the point and place of Beginning, containing 1 . 5 acres , more of less , and being Lot No . 2 of Section One, Forest Ridge Subdivision . Lot 3 : BEGINNING at an iron pipe set in the line of the U. S . Military Reservation which pipe is set at the northernmost corner of Lot No . 2 , Section One , Forest Ridge Subdivision and at the westernmost corner of Lot No . 3 , Section One, Forest Ridge Subdivision which is located North 39 degs . 15 minutes East , a distance of 298 . 13 feet from a monument which is the westernmost corner of that tract conveyed to Odell A. Smith, Sr . , et al in Deed Book 796 , Page 212 , Harnett County Registry, thence running as the line of the Fort Bragg Military Reservation North 39 degs . 15 minutes East, a distance of 213 . 88 feet to an iron pipe set; thence running as a new line with Smith South 50 degs . 43 minutes East , a distance of 275 . 31 feet to an iron pipe set in the western right of way margin of that certain 50 foot right of way shown on a plat of record in Plat Cabinet D , Slide 22A, Harnett County Registry; thence as said right of way margin South 39 degs . 17 minutes 02 seconds West, a distance of 17 feet ; thence continuing as said right of way margin in an arc which is generally in a south , 4111 southwesterly direction, a distance of 80 feet to an iron pipe set in said right of way margin , a corner of Lot No . 2 ; thence running as the line of Lot No . 2 , North 72 degs . 59 minutes 31 seconds West , a distance of 312 . 56 feet to the point and place of Beginning, containing 1 . 00 acres , more or less , and being Lot No . 3 of Section One, Forest Ridge Subdivision . 5$ 4 EIGHTH EXCEPTION: All that certain tract or parcel of land containing one ( 1 ) acre, more or less , being shown upon that certain survey by George L . Lott, R. L. S . , entitled "Forest Ridge Section Two " and being shown as Lot No . 3 thereon , which plat appears of record in Plat Cabinet E , Slide 1-C, Harnett County Registry and is incorporated herein by reference; said lot of land being located in Anderson Creek Township , Harnett County, North Carolina , and being more particularly described as follows : . BEGINNING at an iron pipe set in the boundary line of the Fort4110 Bragg Military Reservation, said pipe being South 50 ° 00 ' 00 " East, approximately 680 feet from the westernmost corner of that tract conveyed to Odell A. Smith, Sr . , et al in Deed Book 796 , Page 212 , Harnett County Registry, thence running as the line of the Fort Bragg Military Reservation South 50° 00 ' 00 " East, a distance of 160 feet to a point; thence running North 40 ° 00 ' 00 " East, a distance of 273 . 73 feet to a point in the right of way margin of Melody Lane; thence running as the right of way margin of Melody Lane North 50 ° 00 ' 00 " West , a distance of 160 feet to an iron pipe; thence running South 40° 00 ' 00 " West , a distance of 273 . 73 feet to the point and place of Beginning, containing 1 . 00 acre, more or less , and being Lot No . 3 of Forest Ridge Section Two . NINTH EXCEPTION: All that certain tract or parcel of land containing 1 . 01 acres , more or less , being shown upon that certain survey by George L . Lott, R. L . S . , entitled "Forest Ridge Subdivision, Section Three" and being shown as Lot No . 5 thereon, which plat appears of record in Plat Cabinet E , Slide 32-B , Harnett County Registry and is incorporated herein by reference; said lot of land being located in Anderson Creek Township, Harnett County, North Carolina, and being more particularly described as follows : 41/0 BEGINNING at an iron pipe set in the boundary line of the Fort Bragg Military Reservation, said pipe being North 39 ° 15 ' 00 " East, a distance of approximately 672 . 01 feet from the westernmost corner of that tract conveyed to Odell A. Smith, Sr . , et al in Deed Book 796 , Page 212 , Harnett County Registry, thence running as the line of the Fort Bragg Military Reservation North 39 ° 15 ' 00 " East, a distance of 160 feet to a point; thence running South 50° 43 ' 00 " East with the line of Lot 6 , a distance of 275 . 40 feet to a point in the right of way margin of Melody Lane , as that street is shown in the plat recorded in Plat Cabinet E , Slide 32-B , Harnett County Registry; thence running as said right of way margin of Melody Lane South 39 ° 15 ' 55 " West , a distance of 160 feet to another point in said right of way of Melody Lane; thence running, as the line of Lot 4 , North 50 ° 43 ' 00 " West, a distance of 275 . 36 feet to the point and place of Beginning, containing 1 . 01 acres , morecor less , and being Lot No . 5 of Forest Ridge Subdivision, Section Three . TENTH EXCEPTION : All that certain tract or parcel of land containing 1 . 25 acres , more or less , being shown upon that certain survey by George L . Lott, R.L . S . , entitled "Forest Ridge Subdivision, Section Three" and being shown as Lot No . 10 thereon , which plat appears of record in Plat Cabinet E , Slide 32-B , Harnett County Registry and is incorporated herein by reference ; said lot of land being located in Anderson Creek Township , Harnett County, North Carolina, and being more particularly described as follows : BEGINNING at an iron pipe set in the boundary line of the Fort Bragg Military Reservation , said pipe being South 39 ° 15 ' 00 " West, a distance of 279 . 21 feet from the northernmost corner of that tract conveyed to Odell A. Smith, Sr . , et al in Deed Book 796 , Page 5 580 212 , Harnett County Registry, thence running as the line of the Fort Bragg Military Reservation South 39 ° 15 ' 00 " West , a distance of 240 feet to an iron pipe ; thence running, as a line of Lot 9 , South 50 ° 43 ' 00 " East, a distance of 275 . 57 feet to an iron pipe in the northern right of way margin of Melody Lane ; thence running North 39 ° 15 ' 55 " East, as the right of way of Melody Lane , a distance of 47 . 31 feet; thence running as the arc shown on the above referenced plat as the right of way of Melody Lane, an additional 100 . 94 feet to another iron stake in the right of way margin of Melody Lane; thence running North 32 ° 56 ' 25 " West , a distance of 305 . 80 feet to the point and place of beginning, 4110 containing 1 . 25 acres , more or less , and being Lot 10 of Section 3 of Forest Ridge Subdivision , as shown on the afore referenced plat . ELEVENTH EXCEPTION : All that certain tract or parcel of land containing 1 . 00 acre, more or less , being shown upon that certain survey by George L . Lott, R. L . S . , entitled "Forest Ridge Section Two " and being shown as Lot No . 2 thereon, which plat appears of record in Plat Cabinet E , Slide 1-C , Harnett County Registry and is incorporated herein by reference; said lot of land being located in Anderson Creek Township, Harnett County, North Carolina, and being more particularly described as follows : BEGINNING at a point in the boundary line of the Fort Bragg Military Reservation , said point being South 50 ° 00 ' 00 " East , approximately 842 . 30 feet from the westernmost corner of that tract conveyed to Odell A. Smith, Sr . , et al in Deed Book 796 , Page 212 , Harnett County Registry, thence running as the line of the Fort Bragg Military Reservation South 50 ° 00 ' 00 " East , a distance of 160 feet to a point; thence running North 40 ° 00 ' 00 " East , a distance of 273 . 73 feet to a point in the right of way margin of Melody Lane; thence running as the right of way margin of Melody 4111 Lane, North 50° 00 ' 00 " West , a distance of 160 feet to a point in the right of way margin of Melody Lane; thence running South 40° 00 ' 00 " West, a distance of 273 . 73 feet to the point and place of beginning, containing 1 . 00 acre, more or less , and being Lot 2 of Forest Ridge Section Two . TWELFTH EXCEPTION: All that certain tract or parcel of land containing 1 . 00 acre, more or less , being shown upon that certain survey by George L . Lott , R. L . S . , entitled "Forest Ridge Section Two " and being shown as Lot No . 1 thereon, which plat appears of record in Plat Cabinet E , Slide 1-C, Harnett County Registry and is incorporated herein by reference; said lot of land being located in Anderson Creek Township, Harnett County, North Carolina, and being more particularly described as follows : BEGINNING at a point in the boundary line of the Fort Bragg Military Reservation, said point being South 50 ° 00 ' 00 " East, approximately 1002 . 30 feet from the westernmost corner of that tract conveyed to Odell A. Smith, Sr . , et al in Deed Book 796 , Page 212 , Harnett County Registry, thence running as the line of the Fort Bragg Military Reservation and Odell Smith South 50 ° 00 ' 00 " East, a distance of 160 feet to a point; thence running North 40 ° 4111 00 ' 00 " East , a distance of 273 . 73 feet to a point in the right of way margin of Melody Lane; thence running as the right of way margin of Melody Lane, North 50 ° 00 ' 00 " West, a distance of 160 feet to a point in the right of way margin of Melody Lane; thence running South 40 ° 00 ' 00 " West, a distance of 273 . 73 feet to the point and place of beginning, containing 1 . 00 acre , more or less , and being Lot 1 of Forest Ridge Section Two . The property hereinabove described was acquired by Grantor by instrument recorded in Book 796 , Page 211 , Harnett County Registry. 581. 6 A map showing the above described property is recorded in Plat Cabinet D, Slide 22A. 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 t iz property hereinabove described is subject -to the following exceptions : The 210 . 322 acre parcel described above is conveyed subject to that certain Deed of Trust granted to Jeffrey D. Miller, a Trustee for Peoples Bank and Trust Company, dated December 28, 1989, recorded in Book 900, Page 115, Harnett County Registry. All portions of the 210 . 322 acres included in Section 3, Forest Ridge Subdivision as shown on a map and survey by George L . Lott, RLS, recorded in Plat Cabinet E, Slide 32B, are conveyed herein subject to the terms of that certain "Declaration of Covenants, Conditions, and Restrictions, Forest Ridge Subdivision, Section Three " of record in Book 913, Page 515, Harnett County Registry. IN WITNESS WHEREOF , the Grantor has hereunto set his hand and seal the day and year first above written . 29/1 / 7 ( Seal) Odell A. Smith, Sr. **************************************************************************** NORTH CAROLINA, HARNETT COUNTY ``� Q,tt L' /4 ?lee , .:t, 4111 I , a Notary Public of the County and State aforesaid, certa1 ? ti •L that ODELL A. SMITH, SR personally appeared before me this r NOT' NP r day and acknowledged the execution of the foregoingDeed. _ *** £• Witness my hand and official stamp or seal , this , day of S:.1.71 b May, 1992 . . `+�,,� �p 't•',.;-�' gdi --)fr-Li-- ---ca)/ Notary Public tt My Commission Expires : i .-» /1/ / 9 96, ***************************************************fir******************plc****** The foreg ilig Certificate ( ) of (7, --)aiLe_ 7L 67)61C _ .�-- ivout t n is/are certified to be correct . This instruction and this certificate are duly registered at he date nd time and in the Book and Page shown on the first page hereof . L1� GAYLE P . HOLDER, REGI ER OF DEE S FOR HARNETT COUNTY 1. n BY �t0 -cL,flar\ Depu /Ass-ia nt-Register of Deeds . 410 HARNETT COUNTY. ! . 0. L ' n 5c).CIA Tim FILED D (_,/,., f FAG 91 REGISTER OF DEEDS QAYLE P. DER 582