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HomeMy WebLinkAboutSW6240608_Property Deed_20240625 BOOK4198 - PAGE260 FOR REGISTRATION RMartinR OF DEEDS Judy D. Moore County, NC April 30, 2013 02:13:41 PM Book 4198 Page 260-268 FEE: $26.00 NC REVENUE INSTRUMENT T#M201300 0 6926 11111111111111 INSTRUMENT BOB RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: , Caropine Ventures, LLC '( ' 238 North McPherson Church Road Fayetteville,NC 28302 Attn: Mr. Perry Shelley Prepared by• Brent Lilj estron THE AREA ABOVE IS RESERVED FOR RECORDER'S USE Deed stamps: $ Brief description for index: STATE OF NORTH CAROLINA § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF MOORE § SPECIAL WARRANTY DEED THAT THE CAROLINA DEVELOPMENT COMPANY, INC., a Nevada corporation ("Grantor"),for and in consideration of the sum of Ten Dollars ($10.00), has GRANTED, BARGAINED, SOLD, AND CONVEYED, and by these presents does hereby GRANT, BARGAIN,SELL, and CONVEY,unto CAROPINE VENTURES, LLC, a North Carolina limited liability company ("Grantee"), that certain real property located in the County of Moore, State of North Carolina, and more particularly described in Schedule 1 attached hereto and incorporated herein by this reference (the "Property"). This conveyance is made and accepted subject to ad valorem taxes and assessments,and all restrictions,reservations, covenants, conditions, liens, rights of way, and easements,if any, relating to the Property, but only to the extent they are still in effect and shown of record in the hereinabove mentioned county and state, and to all zoning laws, regulations, and ordinances of municipal and/or other governmental authorities, if any,but only to the extent that they are still in effect and relate to the Property (the "Permitted Exceptions"). SMRH:408152642.I -1- BOOK4198 - PAGE261 TO HAVE AND TO HOLD the Property, as aforesaid, unto Grantee, its successors and assigns,forever,and Grantor does hereby bind itself and its successors and assigns,to WARRANT AND FOREVER DEFEND all and singular,the Property unto Grantee,its heirs, legal representatives and assigns, against every person whomsoever lawfully claiming or to claim the same,or any part thereof by, through, or under Grantor,but not otherwise, subject to the Permitted Exceptions. IN WITNESS WHEREOF,this Special Warranty Deed has been executed as of �r,✓�I 2 , 2013. "Grantor" THE CAROLINA DEVELOPMENT COMPANY, INC., a Nevada corporation By: 49tN (. Thomas A. Seaman, in his capacity as court- appointed Receiver for The Carolina Development Company, Inc., and not in his personal capacity SMRH:408152642.1 -2- BOOK4198 - PAGE262 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF DMM FJC(C ) On het L 25, 3-013 , before me, 9)0,1 S p , a Notary Public,personally appeared -fifo ii c A 3mAN who proved to me on the basis of satisfactory evidence to be the person*,whose name is/ge subscribed to the within instrument and acknowledged to me that he/stifitbiy executed the same in his/h,e /tlbr authorized capacity(ig<, and that by his/hpetISLCr signature() on the instrument the personA or the entity upon behalf of which the person%acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature DON S. PARK Commission # 1845948 <• - Notary Public -California Orange County My Cornni Expires May 21,2013 t SMRH:408152642.I -3-- BOOK4198 - PAGE263 Schedule 1 LEGAL DESCRIPTION OF PROPERTY (See attached) — Exhibit A See Court Order attached as Exhibit B SMRH:408152642.1 Schedule I BOOK4198 - PAGE264 EXHIBIT A Being that real property described in those deeds recorded.in Book 1117,Page 454•and Book 1136,page 383,Moore County Registry,the descrintions in which deeds are hereby incorporated by reference,less and except the following seven(7) Excepted Tracts,, and:less and except the easements enumerated below: ., Excepted Tract No. 1. All that property conveyed to Carolinas Corporation by deed recorded in Book 1173,Page 396, Moore County Registry,the description in which deed is hereby incorporated by reference. Excepted Tract No.2. All those subdivided lots Shown and depicted on the following subdivision maps: Lots 1-14,The Carolina Phase 1,Plat Cabinet 6, Slide 708 • Lots 4R-7R, Phase 1,The Carolina,Plat Cabinet 6, Slide 855 Lots 16-22, 32-49 and 55-58,The Carolina Phase 1,Plat Cabinet 6, Slide`636 Lots 50-54 and 59-63,The Carolina Phase 1, Plat Cabinet 8, Slide 45 Lots 60R,The Carolina,Plat Cabinet 10, S.lIde 625. Excepted Tract No.3. BEGINNING at a point in the northern the right-of-way(R/W)margin of Woodbine Way,said point being the easternmost corner of Lot 32, Phase 1,The Carolina, Plat Cabinet 6,Slide 636; thence from said beginning point,with the side-line of Lot No.32, along a curve to the left having a radius of 700.23 feet and a chord of North 52-38-38 West 122.11 feet,.an arc distance of 122.27 feet to a point;thence,continuing with the side-line of Lot 32,North 57-38-45 West 69.27 feet to a point,the northernmost corner of Lot 32;thence,with the rear line of Lots 32 and 33,South 39-03-42 West 294.05 feet to a point,the westernmost corner of Lot 33;saldpoint being on the boundary lime.of Golf Course Tract No. l'(See deed recorded in Book 1173,page 398,and plat filed at Plat Cabinet 6,Slide 185,Moore County Registry);thence,with the line of Golf Course Tract No..1,the following three(3)courses and distances: 1. North 30-25-52 West 287.81 feet to a point; 2. thence North 45-56-01 West 428.99 feet tort point; • 3. thence North 59-48-43 West 162.11 feet to a point;. thence,a new line North 38-29-20 West 189.82 feet to a point on another boundary line of Golf Course Tract No. 1;thence,with the boundary line of Golf Course Tract No. 1,the following four(4)courses and distances: • 1. North 53-19-15 East 98.34 feet to a point; 2. thence North 42-40-41 East 188.57 feet to a point; 3. thence South 44-25-59 East'586.88 feet to a point; BOOK4198 - PAGE265 4. thence South 53-00-57 East 673.34 feet to a point in the northern R/W margin of Woodbine Way; thence,with the northern R/W margin of Woodbine Way, along a curve to the left having a radius of 288.77 feet and a chord of South 72-16-25 West 107.35 feet,an arc distance of 107.98 feet to the point of BEGINNING, containing 7.21 acres,more or less. Being the same property described in Book 1845,pages 177-180,Moore County Registry. Excepted Tract No. 4. That property lying between Excepted Tract No.3 and Golf Course Tract No. 1 of Excepted Tract No. 1, and specifically described as follows: Beginning at the northwesternmost corner of Excepted Tract No. 3,said point being also a corner of Golf Course Tract No. 1 in Excepted Tract No. 1; from said beginning point,with the line of Golf Course Tract No. 1,the following four courses and distances: • 1. S63-02-59W 90.21 feet to a point; 2. S18-58-27E 147.44 feet to a point; 3. S78-05-57E 122.65 feet to a point; 4. N28-13-11E 64.72 feet to a point,a corner of Golf Course Tract No. 1, said corner being also a corner of Excepted Tract No. 3; thence, with the line of Excepted Tract No. 3,N38-29-20W 189.82 feet to the point or place of beginning. Excepted Tract No. 5. That triangular piece of property lying immediately north of Lot 4R,The Carolina,as shown in that plat recorded in Plat Cabinet 6, Slide 855, Moore County Registry, bounded as follows: -On the south by the north line of said Lot 4R -On the east by the west line of Golf Course Tract 3 in Excepted Tract No. 1, -On the west by the eastern right of way margin of Ramble Ridge(Plat Cabinet 6,Side 855). Excepted Tract No. 6 Lying and being in McNeill Township,Moore County,North Carolina,and being more particularly described as follows: Beginning at a stake lying on the southern right-of-way line of SR# 1843 (60'right-of- way), said stake being a common corner with Whispering Pines, Section Nine; thence with the right-of-way of SR# 1843 S 61-56-42 W 104.66 feet to a point,a corner of the maintenance shed parcel for The Carolina Golf Course;thence with three lines of the maintenance shed parcel as follows (1) S 11-07-40 E. 226.13 feet to a point,(2) S 54-38-43 W 248.79 feet to a point, and(3)N 33-31-22 W 235 87 feet to a point in the right-of-way of SR. 1843,thence with said right-of-way in two lines as follows: (1)with the arc of a circular curve to the left having a radius of 2890 22 feet an arc distance of 756.27 feet,which arc is subtended by a chord bearing S 48- 58-51 W 754.12 feet,and(2) S 43-17-06 W 792.71 feet to a point,a common corner with The Carolina Golf Course(the"GC"),thence with seven lines of the GC as follows. (1)N 59-09-38 E 250.56 feet to a point,(2)N, 59-42-08 E. 575 56 feet to a point,(3)N 61-23-10 E 197.65 feet to a point,(4)N 81-13-45 E. 62 03 feet to a point,(5)S 70-09-04 E.63 95 feet to a point,(6)S 42-30-55 E 89 91 feet to a point,(7) S 33-12-22 E 72 73 feet to a point; thence S 37-27-56 E 1118 38 feet to a point;thence N 79-10-11 E 50 64 feet to a point in the rear line of lots in Whispering Pines,Section 9; thence with said rear lot lines in two lines as follows (1)N 10-49- 49 W. 516 36 feet to a point, and(2)N 10-49-49 W. 1310 68 feet to the point or place of Beginning; and containing 20 51 acres,more or less. (LRR No. 20050760) BOOK4198 - PAGE266 Excepted Tract No. 7 Those two tracts of land shown on the Tax Maps as LRK No. 20050761 and LRK No. 20050762 THERE IS ALSO EXCEPTED HEREFROM, AND RETAINED BY GRANTOR, EASEMENTS NOS.3,4,5,7,8a,8b,12-A,12-B,13 AND 14,AS DESCRIBED BELOW(The purpose of these retained easements is to allow for the existence of,repair of,and maintenance of, cartpaths serving the golf course which adjoins the property conveyed hereby.It is understood that Grantor intends to transfer and convey these easements to the owner of the golf course): Easement No. 3: Being an easement running between Golf Course Tracts Nos. 6 and 7 (see deed recorded in Book 1173,page 398 and plat filed at Plat Cabinet 6, Slide 185, Moore County Registry) and specifically shown and depicted as shaded on that survey attached hereto as Exhibit C-1. Easement No. 4: Being an easement running between Golf Course Tracts Nos. 5 and 6 (see deed recorded in Book 1173, page 398 and plat filed at Plat Cabinet 6, page 185, Moore County Registry) and specifically shown and depicted as shaded on that survey attached hereto as Exhibit C-2. Easement No. 5_ Being an casement running between Golf Course Tracts Nos. 4 and 7 (see deed recorded in Book 1173,page 398 and plat filed in Plat Cabinet 6, Slide 185, Moore County Registry) and specifically shown and depicted as shaded, on that survey attached hereto as Exhibit D. Easement No. 7: Being an easement running between Golf Course Tract No. 3 (see deed recorded in Book 1173,page 398 and plat filed at Plat Cabinet 6, Slide 185,Moore County Registry) and Woodbine Way(see plat at Plat Cabinet 6,Slide 630,Moore County Registry) and specifically shown and depicted, shaded,on that survey attached hereto as Exhibit E. Easement Nos, 8a and 8b: Being an easement running between two different portions of Golf Course Tract No. 5(see deed recorded in Book 1173,page 398 and plat filed at Plat Cabinet 6,Slide 185,Moore County Registry)and located as specifically shown and depicted,in two (2) segments, shaded, on those surveys attached hereto as Exhibits F and G. Easement No. 12-A: Being an easement running from and returning to Golf Course Tract No.4 (see deed recorded in Book 1173, page 398 and plat filed at Plat Cabinet 6, Slide 185, Moore County Registry) and located as specifically shown and depicted on that survey attached hereto as Exhibit 11. (See also Exhibit I) Easement No. 12-B: Being an easement connecting Golf Course Tracts Nos. 2 and 4 (see deed recorded in Book 1173,page 398 and plat filed at Plat Cabinet 6,Slide 185,Moore County Registry) and located as specifically depicted, shaded,on that survey attached hereto as Exhibit I. (See also Exhibit H) Easement No. 13: Being an easement connecting Golf Course Tracts Nos. 4 and 5 (see deed recorded in Book 1173,page 398 and plat filed at Plat Cabinet 6,Slide 185,Moore County Registry) and located as specifically shown and depicted,shaded,on that survey attached hereto as Exhibit I. Easement No. 14: Being an easement,in two segments,near the south line of a portion of Golf Course Tract No. 5(see deed recorded in Book 1173,page 398 and plat filed at Plat Cabinet 6,Slide 185, Moore County Registry), leaving and then returning to said Golf Course Tract No. 5, and located as specifically shown and depicted,shaded,on that survey attached hereto as Exhibit K. BOOK4198 - PAGE267 Case 8:l6-cv-00172-AHS-MLG Document 802 Filed 02/25/13 Page 1 of 2 Page ID #:6126 Exhibit B 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION 10 11 SECURITIES AND EXCHANGE Case No. SACV 06-172 AHS (MLGx) COMMISSION, 12 13 Plaintiff, 14 v. ORDER APPROVING RECEIVER'S SALE OF 205 ACRES 15 LAMBERT VANDER TUIG (a/k/a IN MOORE COUNTY, NORTH LAMBERT VANDER TAG a k/a CAROLINA 16 DEAN I. VANDER TAG), THE CAROLINA DEVELOPMENT 17 COMPANY, INC. a/k/a THE CAROLINA CO ANY AT 18 PINEHURST, INC.), AND JONATHAN CARMAN, 19 20 Defendants. 21 22 The Receiver's Motion for Approval to Sell 205 Acres in Moore 23 County, North Carolina (the "Motion," ECF No. 797) came on for hearing this 25th 24 day of February, 2013, in Courtroom 10A of the above-entitled Court, the 25 Honorable Alicemarie H. Stotler presiding. Court-appointed receiver Thomas A. 26 Seaman (the "Receiver") appeared by and through his attorney, Matthew B. 27 Holbrook. 28 // BOOK4198 - PAGE268 Case 8:16-cv-00172-AHS-MLG Document 802 Filed 02/25/13 Page 2 of 2 Page ID #:6127 1 The Receiver seeks approval to sell three parcels of real property 2 consisting of approximately 205.95 acres surrounding The Carolina golf course in 3 Moore County, North Carolina (collectively, the "Property"). The Property is 4 described fully in Exhibit B to the Motion. 5 Having read the Motion, all related exhibits, and the Receiver's 6 Supplemental Report that No Overbid Offers Were Received to Purchase 205 Acres 7 in Moore County, North Carolina (ECF No. 800), and having given due 8 consideration thereof, the Court finds that the proposed sale of the Property is in the 9 best interests of the receivership estate. In addition, the Court finds that the 10 Receiver has substantially complied with the requirements of 28 U.S.C. § 2001(b). 11 THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 12 The Receiver is authorized to sell three parcels of real property 13 consisting of approximately 205.95 acres surrounding The Carolina golf course in 14 Moore County, North Carolina, as described fully in Exhibit B to the Motion, to 15 Williams II, Inc. (or its designee) for $1,375,000. 16 In connection with the sale, the Receiver is authorized to pay all 17 customary fees, costs, and expenses, including, without limitation, real estate broker 18 commissions. 19 20 Dated: February 25, 2013 21 22 ALICEMARIE H. STOTLER 23 ALICEMARIE H. STOTLER 24 UNITED STATES DISTRICT JUDGE 25 26 27 28 -2-