SW1240301_Property Deed_20240923

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This Document eRecorded : 05/21 /2024 10 :49 : 22 AM
Fee : $26 . 00
Henderson County, North Carolina Tax: $ 14 , 000 . 00
William Lee King , of Deeds
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $ 14,000.00
Parcel Identifier Nos. 9632609288 and 9632607561
Mail/Box to: Grantee
This instrument was prepared on behalf of Grantee by: Womble Bond Dickinson (US) LLP, Trent E.
Jernigan, Esq. **NO TITLE EXAMINATION PERFORMED BY PREPARER**
Brief description for the Index: Approx. 15 .74 acres along Boylston Highway (HWY 280)
THIS DEED made this day of , 2024, by and between
GRANTOR GRANTEE
JAMES A. GOODE, Trustee of the James Goode PUBLIX NORTH CAROLINA LP,
Revocable Trust, dated February 6, 2013 and a Florida limited partnership
restated on June 13, 2023
Mailing Address: Mailing Address:
5 674 Old Haywood Rd. Corporate Office
Mills River, NC 28759 3300 Publix Corporate Parkway
Lakeland, FL 33811
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 the Grantee, the receipt of which is
hereby acknowledged, has 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 the Town of Mills River, Henderson County,
North Carolina and more particularly described as follows:
See EXHIBIT "A" attached hereto and incorporated herein by reference.
Special Warranty Deed
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Submitted electronically by "Roberts & Stevens PA"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Henderson County Register of Deeds .

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The property hereinabove described was acquired by Grantor by instruments recorded in Book l 689, page
46 and Book 3642, page 237, Henderson County Registry.
All or a portion of the property herein conveyed includes or X does not include the primary
residence of a Grantor.
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 has done nothing to impair such title as Grantor
received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming
by, under or through Grantor, other than the following exceptions:
See EXHIBIT "B" attached hereto and incorporated herein by reference.
[SIGNATURE PAGE FOLLOWS]
This instrument prepared by: Trent E. Jernigan, a licensed North Carolina attorney. Delinquent taxes, if any, to be
paid by the closing agent to the county tax collector upon disbursement of closing proceeds.
Special Warranty Deed
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�VI S , the Grantor has du y execute the foregoing as of the day and year first
above written.
-aANk4),,,4
ES A. GOODE, TRUSTEE OF THE JAMES
GOODE REVOCABLE TRUST, DATED
FEBRUARY 6, 2013 AND RESTATED ON DUNE
13, 2023
STATE OF NORTH CAROLINA }
}
COUNTY OF1-tegigr
I, At'4,d1t5NotaryPublic for County
ty
and State aforesaid, certify that Jam A. Goode personal y came before me this day and
acknowledged that he is the Trustee of the James Goode Revocable Trust, dated February 6,
2013 and restated on June 13, 2023, and that he, being authorized to do so, executed the foregoing
on behalf of the trust.
Witness my hand and official seal, this the day of
2024.
.t A A ty 1►. w �� Jti
R ANAM! PEREZ MCDUFFY ;= 1 ' 1
NOTARY PUBLIC
Henderson County ' Notary Public p
North Carolina
s Printed Name: ILA
y Commission Expires Oct, 7 � � �� 1-!
My Commission Expires:
[NOTARIAL SEAL1
Special Warranty Deed
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EXHIBIT "A"
LAND DESCRIPTION
Lying and being situate in Henderson County, North Carolina, and being more particularly described as
follows:
Being 15.74 acres, more or less, and being a combination of Parcel 9632609288 (13 .5 AC more or less) and
Parcel 9632607561 (2.2 AC more or less); said Parcels more particularly described as follows:
Tract 1 : Parcel #9632609288, 140 Emma Sharp Road, Mills River, NC
Parcel A: Being all of Lot 4 & 5 as shown on the plats recorded in Plat Slide 2492 and Plat Slide 2653, both of
the Henderson County, NC Register's Office; reference to which plats are hereby made for a more particular
description of said lots.
LESS AND EXCEPT the land conveyed by Fee Simple Deed recorded in Book 742, Page 213, Henderson
County Registry.
Parcel B: Being all of Lot 9 as shown on that plat recorded in Plat Slide 4578 of the Henderson County NC
Registers Office, reference to which plat is hereby made for a more particular description of said lot.
LESS AND EXCEPT the land conveyed by Fee Simple Deed recorded in Book 715, page 689, Henderson
County Registry.
Parcel C: Being all of that 3 . 103 acre tract, more or less, and that 6.887 acre tract, more or less, as shown on
that Plat entitled "Survey for J. Dale Reece and wife, Lisa Rumbutis Reece and Reece Grading and Paving,
LLC" recorded in Plat Slide 6004, Henderson County Registry AND the following metes and bounds tract:
BEGINNING at a new iron pin, the southwesternmost corner of the 0.50 acre tract as shown on plat recorded
in Plat Slide 5484 of the Henderson County Registry, said point standing North 71 deg 36 min 30 sec West
101 .36 feet from an existing iron pin in the western right of way of the cul-de-sac on Emma Sharp Road, which
said point is the southernmost point of the 0.50 acre tract shown on that plat recorded in Slide 5484 of the
Henderson County Registry; and running thence with the north line of the James A. Goode property described
in deed recorded in Deed Book 1145 at Page 70 of the Henderson County Registry, North 71 deg 36 min 30
sec West 164.9 feet to an existing iron pin; thence with the eastern line of the James A. Goode property
described in deeds recorded in Deed Book 735 at Page 791 and Deed Book 736 at Page 83, both of the
Henderson County Registry, North 9 deg 31 min 36 sec East 196.05 feet to an existing iron pin; thence North
09 deg 27 min 02 sec East 18 feet to a new iron pin; thence South 42 deg 52 min 34 sec East 218.32 feet to a
new iron pin; thence South 14 deg 58 min 21 sec West 106.7 feet to the point and place of BEGINNING, and
being the remaining portion of Lot 8-R as shown on plat recorded in Slide 4578 and Slide 5484, both of the
Henderson County Registry; together with a non-exclusive appurtenant easement and right of way over and
upon that certain existing gravel drive commonly known as Penland Drive for ingress, egress, and regress and
for the installation of utilities services as said easement and right of way is shown on that plat recorded in Slide
5484 of the Henderson County Registry.
LESS AND EXCEPT from Parcels A, B, & C that 1 . 800 tract conveyed to Circle K Stores Inc. by that Special
Warranty Deed recorded in Book 3612, page 165, Henderson County Registry.
Special Warranty Deed
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Tract 2: Parcel 9632607561, 5 Penland Road, Mills River, NC
Being all of the land described as that 2.22 acre tract as shown on the Survey for John B. Grant performed by
Fulton V. Clinkscales, Jr. of Freeland-Clinkscales & Associates, Inc. of NC and recorded in Slide 6198 on
8/10/2006 in the Henderson County North Carolina Office of the Register of Deeds.
Being the same property conveyed to James Goode, Trustee of the James Goode Revocable Trust under
Agreement dated February 6, 2013 , recorded in Book 3642, page 237, Henderson County Registry.
SAID TRACT 1 AND 2 ARE FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: ALL
THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE MILLS RIVER TOWNSHIP,
HENDERSON COUNTY, NORTH CAROLINA, CONTAINING 15 .73 ACRES MORE OR LESS :
COMMENCING FROM A NATIONAL GEODETIC SURVEY MONUMENT DESIGNATED AS FB3027
AND LABELED "CARLAND" (P.O.C), TRAVELING S 3 5°48'3 7" E FOR A DISTANCE OF 885 . 19' TO
THE ACTUAL POINT OF BEGINNING AT A CONCRETE MONUMENT FOUND ALONG THE RIGHT
OF WAY OF BOYLSTON HIGHWAY, NC 280; THENCE, CONTINUING ALONG THE RIGHT OF
WAY OF BOYLSTON HIGHWAY, NC 280 FOR THE FOLLOWING COURSES, N 71 ° 16'30" E FOR A
DISTANCE OF 86.64' TO A CONCRETE MONUMENT FOUND; THENCE N 47° 15' 13 " E FOR A
DISTANCE OF 3 29.3 5' TO A CONCRETE MONUMENT FOUND DISTURBED; THENCE N 5 6°3 4'3 5" E
FOR A DISTANCE OF 65. 15' TO A 1/2" REBAR FOUND DISTURBED; THENCE S 61 ° 12' 15 " E FOR A
DISTANCE OF 16.03' TO A 5/8" REBAR SET; THENCE N 66°04'20" E FOR A DISTANCE OF 29.34' TO
A CONCRETE MONUMENT FOUND; THENCE S 59°13'11 " E FOR A DISTANCE OF 50.00' TO A 5/8"
REBAR SET; THENCE N 30°46'49" E FOR A DISTANCE OF 23 .06' TO A 5/8" REBAR SET; THENCE,
LEAVING THE RIGHT OF WAY OF BOYLSTON HIGHWAY, NC 280, S 61 °10'33 " E FOR A
DISTANCE OF 74.06' TO A NAIL FOUND; THENCE S 02°59' 18" W FOR A DISTANCE OF 442.73' TO
A 5/8" REBAR FOUND; THENCE S 03°05'13 " W FOR A DISTANCE OF 472.39' TO A 1/2" OPEN TOP
PIPE FOUND, AND PASSING THROUGH A 3/8" REBAR FOUND ONLINE AT 63 .38'; THENCE S
03°24'3 6" W FOR A DISTANCE OF 52.09' TO A 1 /2" REBAR FOUND; THENCE S 8 5°3 6'43 " E FOR A
DISTANCE OF 116.23' TO A 3/4" OPEN TOP PIPE FOUND DISTURBED; THENCE S 04°16'3 2" W FOR
A DISTANCE OF 89.21 'TO A 1 /2" REBAR FOUND; THENCE N 87°18'3 0" W FOR A DISTANCE OF
372.72' TO A 1 /2" REBAR FOUND; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN
ARC LENGTH OF 299.22', WITH A RADIUS OF 5 5 .00', WITH A CHORD BEARING OF S 84°49'04" W,
WITH A CHORD LENGTH OF 45 .00', TO A 5/8" REBAR SET; THENCE S 05°42'32" E FOR A
DISTANCE OF 306. 15' TO A 3/4" OPEN TOP PIPE FOUND; THENCE S 86°54'46" W FOR A
DISTANCE OF 150.26' TO A 3/4" OPEN TOP PIPE FOUND; THENCE N 84°23'19" W FOR A
DISTANCE OF 215 .64' TO A CALCULATED POINT BEING 1 .33 ' SOUTHEAST OF A 1/2" OPEN TOP
PIPE REFERENCE IRON FOUND; THENCE N 03°40'5 6" E FOR A DISTANCE OF 90.91 ' TO A
CONCRETE MONUMENT FOUND; THENCE N 06°23'51 " E FOR A DISTANCE OF 47.09' TO A 3/4"
OPEN TOP PIPE FOUND; THENCE S 84° 16'17" E FORA DISTANCE OF 22.00' TO A 5/8" REBAR SET;
THENCE N 06°34'51 " E FOR A DISTANCE OF 303.52' TO A 5/8" REBAR SET; THENCE N 06°45'37" E
FOR A DISTANCE OF 39.84' TO A 5/8" REBAR SET; THENCE N 84°28'06" W FOR A DISTANCE OF
22.01 ' TO A 5/8" REBAR SET; THENCE N 06°34'03 " E FOR A DISTANCE OF 118.56' TO A 1/2" REBAR
FOUND DISTURBED; THENCE N 06°46'36" E FORA DISTANCE OF 38.48' TO A 1/2" REBAR FOUND
DISTURBED; THENCE N 31 °24'20" W FOR A DISTANCE OF 232.03' TO A 5/8" REBAR SET; THENCE
N 26°19'29" E FOR A DISTANCE OF 31 . 19' TO A 1/2" REBAR FOUND; THENCE N 23°55'26" E FOR A
DISTANCE OF 19.85' TO A CONCRETE MONUMENT FOUND; THENCE N 61 '5 0'3 3 " E FOR A
Special Warranty Deed
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DISTANCE OF 3 . 17' TO A 5/8" REBAR SET; THENCE N 54°27' 11 " E FOR A DISTANCE OF 50.08' TO
A CONCRETE MONUMENT FOUND, THENCE N 3 7°48'24" E FOR A DISTANCE OF 231 .20' TO A
CONCRETE MONUMENT FOUND; WHICH IS THE POINT OF BEGINNING, CONTAINING 15.73
ACRES, MORE OR LESS.
Tract 3 : Easement Tract A:
Together with non-exclusive easement rights of ingress, egress, and regress over and across right of way
known as Emma Sharp Road as set forth in those Deeds recorded in Book 932, page 609; Book 950, Page 478;
Book 1145, page 170; and Book 1228, page 235, and as shown on those Plat Slides recorded in Slide 2492,
Slide 2653, Slide 2768, Slide 4578, Slide 5484; and Slide 6004, all recorded in the Henderson County
Registry.
Tract 4: Easement Tract B:
Together with easements for pedestrian and vehicular access contained in that Declaration of Easements and
Restrictions recorded in Book 3612, page 155, Henderson County Registry.
Tract 5: Easement Tract C:
Together with the 25 ' right of way and/or easement created in those Deeds recorded in Book 505, Page 237;
Book 505, Page 287; Book 538, Page 279; Book 538, Page 281 ; and Book 926, Page 650, and as shown on
those Plat Slides recorded in Slide 2158, Slide 5484, and Slide 6004, all recorded in the Henderson County
Registry.
Special Warranty Deed
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Special Warranty Deed
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EXHIBIT "B"
Permitted Exceptions
I . Ad valorem taxes for the year 2024 and subsequent years, not yet due and payable.
THE FOLLOWING EXCEPTIONS APPLY TO TRACT 1 & 2 :
2. Matters disclosed by that ALTA/NSPS Land Title Survey for Publix North Carolina LP by Keith
Burns P.L.S. of Atlas Surveying, Inc., dated February 27, 2024, last modified May 15, 2024 (the
"Survey").
3 . Rights of Beaver Creek Investments of NC, LLC and Circle K Stores Inc. in and to the use of
Penland Drive.
4. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any
improvement to the Land.
5 . Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations
or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Plat Slide 2657
and Plat Slide 5484 (also applies to Tract 5), and as shown on Survey.
THE FOLLOWING EXCEPTIONS APPLY TO TRACT 1 ONLY:
6. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations
or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Plat Slide 2158;
Plat Slide 2492; Plat Slide 2653 ; Plat Slide 2768; Plat Slide 3714; Plat Slide 4578; Plat Slide
6004 (also applies to Tract 5); Plat Slide 12922; and Plat Slide 13061 , and as shown on Survey.
7. Easement rights along Emma Road provided for in that Deed filed for record in Book 1228, page
235, as amended and/or supplemented by that Termination of Restrictive Covenant and Right of
First Refusal recorded in Book //J , page 7o ; plottable items shown on Survey.
8. Easements and/or rights of way to Duke Power Company recorded in Book 541 , page 17; Book
573, page 943 ; and Book 968, page 418; Book 968, page 418 and as shown on Survey.
9. Deeds of Easement to the Department of Transportation recorded in Book 715, page 795 and
Book 742, page 211 ; Book 742, page 211 is shown on Survey.
10. Easement and cost sharing arrangement created in those Deeds recorded in Book 932, page 609;
Book 950, page 478; and Book 1145, page 170, and as shown on Survey. (Also applies to Tract
3)
11 . Covenants, conditions, restrictions, easements, and liens provided for in that Declaration of
Easements and Restrictions filed for record in Book 3612, page 155, and any related maps, plans,
bylaws and other document(s) and amendment(s).
THE FOLLOWING EXCEPTIONS APPLY TO TRACT 2 ONLY:
12. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations
or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Plat Slide 6198.
13 . Water Easements set forth in that Deed recorded in Book 202, page 95 .
14. Easements and/or rights of way to Duke Power Company recorded in Book 546, page 620, and as
shown on Survey.
15. Right of Way Agreement to Duke Energy Corporation recorded in Book 1268, page 1. 16, and as
shown on Survey.
THE FOLLOWING EXCEPTION APPLIES TO TRACT 1 & TRACT 5 ONLY:
16. Easement 25' in width as set forth in those Deeds recorded in Book 505, page 237; Book 505,
Special Warranty Deed
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page 287; Book 538, page 279; Book 538, page 281 ; and Book 926, page 650; Book 926, page
650 is located on the Survey.
THE FOLLOWING EXCEPTIONS APPLY TO EASEMENT TRACTS 3 & 4 ONLY:
17. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations
or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Plat Slide 2096;
Plat Slide 2492; Plat Slide 2653 ; Plat Slide 2768; Plat Slide 3714; Plat Slide 4578; Plat Slide
5484; Plat Slide 6004; Plat Slide 10341 ; and Plat Slide 12922.
18. Easements and/or rights of way to Duke Power Company recorded in Book 541 , page 17 (as to
Easement Tract B only); Book 573, page 943 ; Book 968, page 418; and Book 973, page 73 .
(Easement Tract A Only)
19. Easements to the North Carolina Department of Transportation recorded in Book 715, page 689;
Book 715, page 795; Book 716, page 287; Book 716, page 290; Book 742, page 211 ; and Book
742, page 213 . (Easement Tract B Only)
20. Easement and maintenance agreement set forth in that Deed recorded in Book 949, page 557.
(Easement Tract A Only)
21 . Sewer Easement by and between James Goode Trustee of the James Goode Revocable Trust
Under Agreement Dated February 4, 2013 and Cane Creek Water and Sewer District of
Henderson County recorded in Book 1688, page 654, as amended or modified by that Sewer Line
Extension Deed recorded in Book 3021 , page 688 and easements set forth in that Deed recorded
in Book 3022, page 523 . (Easement Tract B Only)
22. Declaration of Easements and Restrictions by the James Goode Revocable Trust dated February
6, 2013 recorded in Book 3612, page 155. (Easement Tract B Only)
23 . Permanent Easement by and between the James Good Revocable Trust dated February 6, 2013
and Circle K Stores, Inc. recorded in Book 3612, page 168. (Easement Tract B Only)
THE FOLLOWING EXCEPTIONS APPLY TO EASEMENT TRACT 5 ONLY:
24. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations
or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Plat Slide 2158;
Plat Slide 3714; and Plat Slide 5024, and as shown on Survey.
25 . Easements to the North Carolina Department of Transportation recorded in Book 715, page 795
and Book 715, page 797, and as shown on Survey.
26. Easements and maintenance agreement set forth in that Deed recorded in Book 926, page 650,
and as shown on Survey.
27. Waterline Extension Agreement by and between the City of Hendersonville and Fletcher
Hospital, Inc. recorded in Book 1119, page 457.
28. Right of way 25' in width and cost sharing agreement set forth in that Deed recorded in Book
538, page 281 , and as shown on Survey.
29. Easements and/or rights of way to Duke Power Company recorded in Book 546, page 638.
Special Warranty Deed
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