20110410 Ver 2_Tidewater Power_19420131

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NORTH CAROLINA
. M HOOVER COUNTY
TIDE WATER POWER C014PANY
and
STATE HIGHWAY AND PUBLIC WORKS
COHIIISSION
COPY
R E L E A S E
THIS ACREDiENT, made and entered into this the 31st day of January,
194 %, by and between the Tide Water Power Gompany, a public service corporation
under the laws of the State of North Carolina, party of the first hart, and the
State Highway and Public Works Commission, an agency of the State of North Carolina,
party of the second part, WI,-'NESSNTH:
THAT WHEREAS, the Tide !star Power Company has heretofore operated a
trolley line from Wilmington, North Carolina, to Wrightsville Sound along a right -of-
way, e portion of which was owned in fee simple and a portion of it was owned by way
of easement only, such right of ,oay being used for the purpose of operation of said
trolley line and likewise for a power line and gas main, all of which Constitute public
services authorized by the charter of the said Tide Water Power Company and operated
for the service of residents alonw the said right -of -way and for the ':'own of Writ.bte-
Ville Beach; and
WHEREAS, on account of the development of motor vehicle tre.nsportaticn the
further operation cf said trolley 1'i -ne is no longer a public necessity and has been,
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with the approval of the proper authorities, suspended and terminated .en the track
for the said trolley line has been removed.; mid
WRERUS; there continues to exist a public need for means of transportation
along the said ri,;hi -of -Way for the public heretofore served by the trolley line, and
the .State Highway and Public forks Commission contemplates the astablishmont of a
pub;..ic highway fm the purpose of supplying such needed transportation; and
whereas, the State Highway and Public Works Commission, in the axercieo of
the authority vested in it by law, has caused to be laid out and appropriated for
highway purposes a right -of -Way along the line of, the tracks heretofore operated by the
Tide 41ater Power Company, the said right -of -way being embraced within two Parallel
lines 50 feet on either side of the center line as hereinafter described, except: for
such places along the ri,�ht -of -way as may be narrowed to avoid present developments, as
indicated by appropriate sitne erected on such promises, and such right -of -way also

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being flared or widened at its point of commence �ent on Seventeenth Street from the
point where the trolley line entered Seventeenth Street on Castle Street, erahreci.ng
the triangle between the trolley line and the intersection of Castle Street and
>eventeenth :Street, 3116 thus extending from Seventeenth Street to ?hrighteville ' ?ouncl .
aloug the following courses and distanees, the satire hsiug a description of the center
line of the said apnroprizt.Ed right -cf -way as follows, to win:
111, i?ING in Wilmington at the intersection of the center
line of South l7th Street. and the couter line (if the track (now
removed) landing to the oar barn (9th and Ornnge 'Areets) Station
0 /00; thence S. 57 degrees 05 'ainutes F,, 340,1. feet; thence -'
57 dagre-s 44 minutes E., 2433.8 feet; thence S 57 degrees
minutes E„ 2741.E feet; S. 57 degrees 41 minutes E., 3821,6 :feet;
thence S. 57 degrees 38 minutes F,,, 1965.3 feet; thence with a
circular curve to the left 1056.4 feet (radius 2772.53 feet)
through a central angle of 21 degrees 50 minutos; thence S. 79
degrees 28 minutes E., 5576.4 feet; thence S. 79 degrees 2l, min-
utes E., 3206.1 feet; thence S, 79 degrees 22 minutes N., E38.37 •'
feet; thence S. 79 degrees 19 minutes E., 53£.93 feet.; thence
with a circular curve to the loft; 710.4 feet (radius 275(1,35
feet) through a central angle of L. degrees 48 minutes; thence N.
E5 degrees 53 minutes E., 1785.35 feet.; thence N. 85 degrees 55
minutes E., 224?.4 feet; thence N, 85 degrees 57 minutes E., 115F.15
feet; thence N. 8.6; degrees 51 minutes ti., 171,.5 feet; thence with
a circular curve 1047.0 feet to toe left (radius 9/,4.85 feet)
through a central eagle of 63 degrees 31 minutes; thence 14, Z2 de
greet, 20 minutes E., 1316.55 feet; thence N. 22 degrees 50 minutes
E. 169.0 feet; thonoe N, 22 degrees 26 minutes 1., 207.55 feet;
thence with a circular curve to the right, 12,85.01feet (radius
1146,28 feet) through a central angle 74. degrees 15 minutes; thence
P. 83 degreew 19 mimrtes E., 2(14..5 feet; thence S. E3 degreee 16
minutes E., 1852,4 ['set; themee with a circular curve to the right
63.fi feet (radius,942.29 feet) through a central angle 40 degrees
23 minutes; thence 3. 42 degrees 53 minutgo E., 281.7 feet; thence
with a circular curve to the lefty 212.2 feet (redi.ns 955.37 feet)
through a central angle of 12 dogrecs 44 minutes; thence S. 57
degrees 37 minutes E., 17.45 feet to the west end of the bridge
over the Inland Waterway at 'rightnv:ille Sound..
NOWT TNL^2EFOitE, IT I0 AGREED that the appropyiet'jo, of the staid
on the part of the 9ta:te highway and public 1;orl;s Cormeissi.on is and shall he suhjocL
to the right of the 'ride W^ter Power Company and fit, suceessorn ic . title to continue
to maintain along the said right -oi' -way the power line avid ga,s main with service
connections as now conotruoted, or hereafter reconstructed, with tun limitation that
if the said power line or gas main shall be found to interfere with the ectual con-
struction or maintenance of the proposed highway, that the same will he romovod a
sufficient distance, but not beyond the limits of tbi said right- of -vay, to avoid
such int.crference, such removal to be at Lhe cost, of the '(judo hater rower Wmpany
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or its successors In title.
Yhat va consideration of the stun of one dollar (F:1.CC) and other valuahle
consideration moving to the said Tide (dater Power Company by the State Highway sad

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Public Works Commission from all claims from damage or further compensation on
account of the appropriation bf the said highway right -of -way.
IN WITNESS WHEREOF, this agreement has been executed in duplicate the
day and year above written by the proper officers of the contracting pax•tiesby
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_ - authority duly given by their governing boards.
TIDE WATER POWER COMPANY
_. g N H. exler ---
President
ATTEST:
SECRETARY
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STATE HIGHWAY AND PUBLIC WORKS 0GH4 SSION �
. BY L. B. Prince - -
- Chairman
ATTEST:
SEMMARX
'- APPROVED AS TO FOH14 AND LEGALITYt
Chs.e. Roes
General Counsel, State Highway, &
Public Works Commission

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NORTH CAROLINA
NEW HANOUR COUNTY
This 10th day of March, 1942, personally appeared before ms, Eloise
D.. Baird, a Notary Public in and for the State and County aforesaid, L. D. Iatta,
who being duly sworn, says that he knows the common.seal of the Tide Water power
Company and is acquainted with N. B. Drexler, who is President of the said coroora-
tion, and. -that he, ibe said L. D. Latta, is the Secretary of the said corporation, and
saw the .President sign the foregoing instrument and saw the said common seal of the
eaid corporation affixed to said instrument by said President, and that he, the said
L. D. Latta, signed his name in atteatation of the execution of said instrwaent in
the presence of said President of said corporation;
Witness my hand and Notarial Seal, this 10th day of March, .1942.
Blotsry,B t3aird
My commission expires March 16. 1942; - Notary Axb7.�o
'NORTH CAROLINA
WAKE COUNTY -
Personally appeared before me this day Ins L. Perrell, who being by
me duly sworn, says: That she is Secretary £o the State Highway and Public Works
Commission and that 1. H. Price is Chairman of the said Oommission, and that,sho
knows the common seal of the Commission; that the foregoing instrument was
executed on behalf of the State Highway and Public Works Commission by the said -
Chairman, attester by the said Secretary, and the Seal of the Commission affixed
thereto. This the 6th day of .March, 1942.
19are+.aret W,_Webb
Notary Public
My commission expires March 27, 1943.

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STATE OF PORN CAROLINA )
COUNTY OF Ulm HOOVER j)
THIS INDENTURE, made this 27th . day of January, 1942, between TIDE WATER
POWER OMPANY., a corporation created, organised and existing under the laws of the
State of North Carolina, with its principal place of business in the City of Wilm-
ington, in said State, and TNN PENNSYLVANIA COMPANY FOR INSURANCES ON LIVFS;AND
GRANTING ANNUITIES, a corporation created, organised and existing under the laws of
the State of Pennsylvania, and C. S. NFMRALL, of the City of Philadelphia, State
of Pennsylvania, TRUSTED, parties of the first part, and -the STATE OF NORT11 CAROLINA,
on behalf of the North Carolina State Highway & Public Works Commission, party of
the second part.
1i IT4 H39. HTH:
In consideration of the sum of Ten Thousand Dollars (410,000) in hand paid
by the party of the ascend part, receipt of which 1s hereby acknowledged, the parties
of the first part, (the said Pennsylvania Company for Insurances on Lives and Grant-
ing inanities, and C, S. Newhall., Trustees, at the request of the Tide 41ater Power
Company, join ui the execution of this instrument for the sole purpose of releasing any
right, title and interest which they have in the said properties hereinafter de-
scribed by virtue of an Indenture dated February 1st, 1929, from the Tide Water Power
Company to said Trustees), have bargained, sold and conveyed, and by these presents
to bargain, sell and convey unto the party of the second part those certain parcels
or tracts of land and the bridge situate, lying and being in the County of New Hanover,
State of North Carolina, and being more specifically described as follows:
Tract No. 1
BEGINNING At a concrete monument in the center of the Tide
Water Power Company's tract at Wrightsville Sound, as the said treat
was formerly situated, said monument being 20 feet Northeast of the
Northeast Corner of the Tide Water Power Company's station at Wrightsville
Sound and about 25 feet west of the highvwater mark of the Sound, said
concrete monument being „also North 12 degrees 00 minutes Fast 17 feet
from the United States Coast sad Geodetic Triangulation 'Station, "North-
west Base ", said station, "Northwest. Basell, being located near the
Western end of the Tide Water Power Company's old trestle at Wright-
sville Sounds acid running thence from said beginning Corner Southwardly
and at right angles to the Tide Water Power Company Ia track, as formerly
located , over Wrightsville Sound, about 31 feet to a point I foot North
of a fence along the North side of the approach to the Causeway over
Wrightsville Sound, thence Northeastwardly along a curve parallel to

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the fence along the North side of said causeway and 1 foot North -
wardly therefrom about 126 feet to where the causeway approach is
straight, thence Northwardly with a line at right angles to the
track of the Tide Water Power Company, as the some was formerly
located, to a point 7 -1/2 feet Southwardly from the center line of
said track:; thence Eastwardly parallel with the center line
of the Tide Water Power Company's track, as formerly located, and
7- 1 /21feet Southwardly therefrom, to a point 4,2540 feet Fabtwo dly
from the said concrete monument hereinbefore referred to, sold point
being the dividing line between the original Ngarbor Island tract and
the tract of land owned and conveyed by the etatc. Board of Mucatior
to Fred A. Mottoes, registered in Hook 150, pav 185, of the Records
or new nanover uounty, thence North 42 degrees 7.5 minutes East and
along the dividing line of the above mentioned tracts of land 207.5
feet, more or lose, to a point 200 feet Northwardly from the center
line of the Tide Water Power Company's tract, as formerly located,
when measured at right angles thereto; thence Westwardly and parallel
with the center line of the Tide Water Power Company's track, as
formerly located, 200 feet Northwardly therefrom, about 4,267 feet to
a point; thence Southwardly and at right angles to the center lino
of the said Tide Water Power Company's track, as formerly located,
200 feet to the point of beginning. -
Subject, nevertheless, to the easement of the United States of
American over the Western one thousand (1,000) feet of the property
herein and hereby conveyed, for the purpose of dumping send,
RESERVING AND SXCFPTING, however, from the above described tract
or parcel of land and from the operation of this deed, the following
tract of parcel of land:
BEAINNING at a stake 17.4 feet North 38 degrees 55 minutes East
of the center line of the tracks of the Tide Water Power Company, as the
same were formerly located on the causeway, said point in the center
of the tracks of the Tide Water Power Company being 55.8 feet .North
51 degrees 05 minutes ti'eat of a concrete monument of the Tide Water
Power Company in the center line of the tracks of the Tide Water Power
Company, as the same were formerly situated on the causeway, said con-
crete monument being 41254.5 feet measured in a coarse South 51 degrees
05 minutes East from another concrete .monument in the center line of the
Tide Water Power Company's tracks, -as formerly located, at Wrightsville
Sound, about 25 feet West of the high water mark of the Sound and about
20 feet Northeast from the Nrortheast corner of the Tide Water Power Com-
pany's station at Wrightsville Sound, and $so North 12 degrees 00 minutes
East 17 feet from the United States Coast and Geodetic Triangulation
Station near the West and of the Tide Water Power Company's old trestle; and
running thence from said beginning point North 35 degrees 55 minutes East
152.6 feet to the Northern line of the causeway tract) thence North 51
degrees 05 minutes West along the Northern line of the causeway tract 4x.5
feet, thence South 38 degrees 55 minutes West 182.6 feet; thence nou'bh 51
degrees 05 minutes Fast 43.8 feet to the point of beginning.
Tract No. 2
13MINNING at a :point in the center line of the track of the Tide
Water Power Company's trolley line from Wrightsville Sound to Wrightsville
Beach, said point being 4,254.5 feet r of he degrees 05 he Tide Fast
from a concrete monument in the center of the tracks of the Tide Water
Power Company at Wrightsville Sound, as formerly located, said concrete
monument being about 25 feet West of the high water mark of the Sound and
20 feet Northeast of the Northeast corner of the Tide Water Power Company's
station at Wrightsville Sound also being North 12 (?egress 00 minutes Fast
17 feet from the United States Coast and Geodetic Triangulation Station,
"Northwest Base ", near the Western end of the Tide Water Power Company's
old trestle at Wrightsville Sound, and running thence frun eaCd beginning
point North 42 degrees 25 minutes East 50 feet, thence ,South 51 degrees

, a .
05 minutes ]%at parallel With the Tide water Power Company's
track, as formerly Located, and 50 feet North therefrom about
1329 feet to Bank's Channel; thence Southwardly and along Bank's
Channel f S feet; thence North 51 degrees 05 minutes West and'
pare with Tide Water Power.Company's track, as formerly
located, and 11„5 feet therefrom 340 feet; more or less, to the
Fastern line of 'Live Oak Drives thence Southwardly and along the
Eastern line of Live Oak Drive 3M feet; thence North 51 degrees
05 minutes hest parallel with the tracks of the Tide Water Power
Company, as formerly located, and 50 feet South. therefrom 993.7
feet to a point of bearing 42 degrees 25 minutes West from the
point of beginning; thence North 42 degrees 25 minutes East 50 feet
.... Cm pwiuu wa eeglmmuig.
Subject, nevertheless, to an easement over and along the North-
east portion of the above conveyed tract of land granted by the
Tide Water Power Company to the North Carolina State Highway & Pub-
. lic works Commission for highway purpooes, and an easement over the
Southwest portion thereof granted by the Tide Water Power Compaq; to
The Shore Acres Company for highway purposes.
No. 3
That one -half (112) undivided interest of the Tide Water Power Com-
pany, one of the parties of the first part, in and to the Scherzer Rolling
Lift Basoule Bridge spanning the Inland Waterway at Wrightsville Sound
and being situated on the first tract or parcel of land described in
this indenture and being within the boundaries thereof, together with
all abutments and fenders and approaches.
The Tide Water Power Company, one of the parties of the first part;
hereby EXCEPTS AND RESERVES from the above described tracts of land numbered 1 and
2, a right- of-way and easement for gas mains, appliances, and appurtenances; and
electric lines, consisting of poles or other structures, guy wires, transformers;
and all appliances and appurtenances necessary to be used in connection therewith;
unto itself, its successors and assigns.; said right- of -uay and easement being
more particularly described as follows:
BEGINNING st a state at Wrightsville Sound near the high water
mark thercofg said stake being 40 feet North 35 degrees 55 minutes
East from a concrete monument in the center of the -'ide Water Power
Company's tracks at Wrightsville Sound, as the same were formerly
located, said concrete monument being about 25 feet Hest of the
high water mark of Wrightsville Sound and about 20 feet Northeast
of the Northeast corner of the Tide Water Power Dompany's station
at Wrightsville Sound, and also being North 12 degrees 00 minutes
Lest 17 feet of the Unitad States Coast and Geodetic Triangulation
Station, !!Northwest Base ", said station, "Northwest Bas%M, being
located near the Western and of the Tide Water Power Company's
old trestle at Wrightsville Sound; and running thence South 51
degrees 05 minutes East 5,503.5 feet to the low water mark of Bank's
Channel; thence Northwestwardly with and along the low water mark of
Bank's Channel 10 feet; thenoeNNOrth 51 degrees 05. minutes West 5,553
feet; thence South 38 degrees 55 minutes West 10 feet to the point
of beginning
It being the intertion or the parties to provide a right -of -way
and easement for electric lines and gas mains from Wriglbville Sowed
to low. water mark of the Bank's Channel with the right to the Tide
Water Power Company, its successors and assigns, to hold the above

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described reserved and exeepted'right- of-way Without making '
any. use thereof until such time as the party of the second
part may in its discretion require the removal of the gas
main and electric lines from their present respective loca-
tions to the said right- of�wa.q hereinabove described.
TO RAVE AND To HOLD the above described tractor end parcels of land,
and bridge, tcgother with all appurtenances thereunto belonging or in anyuise
appertaining, unto the party of the second part, forever.
IN WITNESS Ws1ERLOP, the Tide Water Power Comoanv. M)d tho ParnRX1ygnj
Company for Insurances on Lives-and Granting Annuities, Trustee, have caused these
presents to be signed by their respective .Presidents, or one of their respective _
Vice Presidents, and their respective corporate scale to be affixed, and attested
by their respective Secretaries, and the seid C. S. Newball, Trustee, ban hereunto
set his hand and affixed his seal, this the day and year first above uritten.
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TIDE WATER POWER WVANY
Attests
Dy -. N. 5.. Drexler (Original Signed)
president
L. D.
Latta (Original signed)
Secretary
(SEAL)
THE PENNSYLVANIA CUTANY FOR INSURANCE
ON LIVES AND GRANTING ANNUIT'I'ES, TRUSTEE
$y- L; J. Clark
Vice - President
Attests
It. E.
Righter
Secretary
C,9i_N =ghnil (SEAL)
Trustee
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P71 F
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVE'R. )
;I
This 16aday of January, 1942, personally appeared, before me, Eloise
B. Baird, a Notary Public in and for the State and County aforesaid, L. D. lotta
who, being duly sworn, says that be knows the common seal of the TIDE WATER POWER
COMPANY, and is acquainted with N. E. Drexler, who is President of the said corpore-
tion, and that he, the said L. D. Iatta, is the Secretary of the said corporation,
and saw the said President sign the foregoing instrument, and saw the said common
seal of the said corporation affixed to said instrument h., said President, and that
hey the aiad L., h. Latta , -signed his name in attestation of the execution of said
instrument in the presence of *bid President of said corporation.
Witness my hand and Notarial Seal, this 16 day of January, 1942.
Eloise B. Baird
Notary Public
My aom;.ussion expires March 16, 1942
s