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HomeMy WebLinkAboutSW5240801_Property Deed_20241104 Page 1 of 5 NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION NASH COUNTY Before the Clerk 73 SP 42 CAROLINA POWER & LIGHT COMPANY, ) Petitioner, ) V. ) JUDGMENT ADOLPH C. BRANTLEY and wife, ) SUE B. BRANTLEY, } Defendants. ) THIS PROCEEDING coming on to be heard and being heard before the Honorable Rachel M. Joyner, Clerk of Superior Court of Nash County, North Carolina, upon motion of petitioner for confirmation of the award contained in the Report of Commissioners filed in this proceeding on 21 February 1974, and for the entry of Judgment thereon; and it appearing to the Court from an examination of the record in this proceeding and the Court finding as facts as follows: That this special proceeding was instituted by petitioner on 5 April 1973 by the filing of a PETITION FOR CONDEMNATION UNDER CHAPTER 40 OF THE GENERAL STATUTES and by the issuance of Summons; that Summons, together with a copy of the Petition, was duly served on the defendants; that Answer was filed by the defendants within the time permitted by law; that the defendants, Adolph C. Brantley and wife, Sue B. Brantley, are the only persons who have or claim to have an interest in the property hereinafter described, subject to an existing right of way easement to Carolina Power & Light Company; and that all parties having or claiming an interest in said property are parties to this proceeding and are duly before the Court; That petitioner; Carolina Power & Light Company, is a public service corporation duly chartered and incorporated under the laws of North Carolina, with its principal office and place of business in the City of Raleigh, North i Carolina; that it possesses the power and right to construct, maintain and operate any and all kinds of plants, works, lines, substations, tracks, and systems for the generation, transmission, distribution, regulation and control of electricity; that it possesses the right of eminent domain under the laws of this State to enable it to locate, build, protect and maintain its said plants, works, lines, substations, tracks, systems and other facilities essential to said business; that petitioner is preparing in good faith to construct, maintain and operate a new electric substation in Mannings Township, Nash County, North Carolina; that the fee simple title to the parcel of land hereinafter described is required by petitioner as the site for said substation; that the right of way and easement rights also hereinafter described are required by the petitioner for the construction, operation and maintenance of electric lines to be used in connection with said substation; and that said lands. and rights of way are necessary for the construction and operation of said plant and in the public interest; That the Clerk of Superior Court of Nash County, after due notice, entered an Order Appointing Commissioners in this proceeding; that, on 21 February 1974, there was filed in this proceeding a Report of Commissioners in which compen- sation and damages were awarded to the defendants in the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00); that neither petitioner nor the defendants have filed exceptions to said Report of Commissioners within the time permitted by law; that the Court is of the opinion that the Report of Commissioners, as filed herein, should be confirmed and that the motion of the petitioner for final judgment should be allowed. BOOK 893 pk-H 6?1 Book: 893 Page: 621 Seq: 1 Page 2 of 5 i, i 1 I NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED as follows: 4 1. That the Report of Commissioners filed in this proceeding on 21 February 1974 be, and it hereby is, approved and confirmed. 2. That petitioner, Carolina Power & Light Company, its successors and assigns, be, and they hereby are vested with the fee simple title, together with all privileges and appurtenances thereunto belonging• to the following described tract of land: Lying and being in Mannings Township, Nash County, North Carolina: BEGINNING at an iron pipe marking a southeastern corner of Robin May in a northern property line of W. J. May, the location of said ,iron pipe having North Carolina Co-ordinates Y-802,777.068 and X-2,266,096.484; and runs thence North 02 degrees 07 minutes 29 seconds West 397.63 feet to an iron pipe marking a northeastern corner of Robin May and a southern corner of David Mills in the center line of Tumbling Branch; thence along and with said center line of said Branch the following courses and distances: North 29 degrees 23 minutes 40 seconds East 60.98 feet to an iron pipe, North 53 degrees 07 minutes 41 seconds East 180.77 feet to an iron pipe South 56 degrees 26 minutes 09 seconds East 74.58 feet to an iron pipe, North 82 degrees 47 minutes 56 seconds East 139.81 feet to an iron pipe, and North 48 degrees 19 minutes 59 seconds East 131.99 feet to an iron pipe; thence with a new line South 04 degrees 02 minutes 20 seconds East 599.76 feet to an iron pipe marking a north- western corner of Roscoe Joynor; thence South 00 degrees 14 minutes 16 seconds East 124.73 feet to an iron pipe; thence North 87 degrees 47 minutes 24 seconds West 99.80 feet to an iron pipe; thence North 01 degree 06 minutes 09 seconds West 122.14 feet to an iron pipe marking a northeastern corner of W. E. Wood; thence South 86 degrees 22 minutes 07 seconds West 208.89 feet to an iron pipe marking a northwestern corner of W. E. Wood and a north- eastern corner of W. J. May; and thence South 86 degrees 11 minutes 14 seconds West 191.90 feet to the point of i BEGINNING, containing 6.074 acres, more or less, including an existing power line right of way, as shown and described on Carolina Power & Light Company Drawing No. L-A-2995, a copy of which is attached to and made a part of the Petition for Condemnation in this proceeding, and being further des- cribed as a portion of that certain parcel of land described as FIRST in ITEM TEN of the Will of Gertrude L. Brantley . which Will is of record in File 72-E--116 in the office of the Clerk of Superior Court of Nash County. 3. That petitioner,Carolina Power & Light Company, its successors and assigns, be, and they hereby are, also vested with the right, privilege and easement to go in and upon the lands of defendants in Mannings Township, Nash County, North Carolina, described as FIRST in ITEM TEN of the Will of Gertrude L. Brantley which Will is of record in File 72-E-116 in the office of the Clerk of Superior Court of Nash County, and to construct, install, ! operate, and maintain upon, across, under and through said remaining tract 1 BOOK 893 Paec Sz2 I . . IIi 1� Book: 893 Page: 621 Seq: 2 Page 3 of 5 5 of land one or more lines for the transmission of electricity within the following described right of way strip: The aforesaid right of way strip is seventy (70) feet wide, and approximately 228 feet long, a portion of which strip lies on the adjoining land of David Mills, but the greater portion of said strip lies on the above described land of Adolph C. Brantley and the location of the survey line of said strip is more particularly described as follows: BEGINNING at point K, as shown on the Drawing hereinafter referred to, in a southern property line of David Mills and a northern property line of Adolph C. Brantley in the . center line of Tumbling Branch; and runs thence across the land of Adolph C. Brantley South 64 degrees 38 minutes 19 seconds West approximately 64 feet to point L, as shown on the Drawing hereinafter referred to, in a northern property line of Adolph C. Brantley and a southern property line of David Mills in a- id center line of said Branch; thence con- tinuing the same course across the land of David Mills approxi- mately 26 feet to point M, as shown on the Drawing hereinafter referred to, in a southern property line of David Mills and a northern property line of Adolph C. Brantley in said center line of said Branch; and thence continuing the same course across the land of Adolph C. Brantley 138 feet, more or less, to point N, as shown and described on Carolina Power & Light Company Drawing No. L-A-2995, which shows also the respective complementing side lines going to make up said right of way strip, a copy of which Drawing is attached to and made a part of the Petition for Con- demnation in this proceeding. With the right to do all things necessary and convenient thereto, including the following: (a) the right to install and maintain line stabilizing facilities including guy wires, anchors, and appurtenant devices, line grounding facilities, and counterpoise wires of line shielding facilities; (b) the right to clear, and keep cleared, from said right of way strip all structures (other than ordinary fences, but when petitioner desires, such fences may be opened and reclosed or temporarily removed and replaced, or petitioner may provide suitable gates therein) and all trees, undergrowth, stumps and roots, and to use (1) chemicals which are not injurious(to human other beings, domestic animals, fowl, fish, or game, (2) machinery, and forms of equipment and devices in so doing; (c) the right to cut down at any time, and from time to time, in petitioner's discretion any tree standing outside of the right of way strip the length of which tree plus 5 feet equals or exceeds the distance from the base of such tree to the nearest conductor or to a point on the ground directly underneath the nearest conductor; and to cut and remove any limb, or any part of thereof, from any standing tsi disolikely tosaidght protrudeyintoisaiderighth limb or any part thereof protrudes or of way strip; (d) the right to erect and maintain structures for the support of said lines in the form of poles, towers, or other forms suitable to petitioner to with the right to intermingle and interchange the one with the other, and ne alter, substitute for, and add other structures for the support of said lines from time to time as petitioner may deem advisable; and i i BOOK 893 PACE 623 Book: 893 Page: 621 Seq: 3 Page 4 of 5 (e) the right to install, operate and maintain thereon wires or other equipment for transmitting communications, and facilities appurtenant thereto for use in conducting the petitioner's business. 4. That the defendants shall have the full power and right to use the lands over which said right of way and easement rights as described above has ''� been condemned for all purposes not inconsistent with the rights acquired therein and the use thereof by petitioner, except that defendants shall not cause (1) theI clearance between any conductor of the tranmission lines and the surface of the ground to be reduced by grading or any other work; (2) streets, roads, water lines, or sewer lines to be consCructed across said strip at an angle of less than 45 degrees between the center line of said streets, roads, water lines or sewer lines and the center line of said strip, or less than 40 feet from any structure placed upon said strip by petitioner or the outside limit of any cut or fill to be less than 40 feet from any structure; (3) any buildings, wells, septic tanks, absorption pits, underground or overhead storage tanks, or burial grounds to be placed on said strip; and (4) Company facilities to be interfered with or endangered by the defendants or defendants' successors or assigns. And that petitioner agrees to pay the actual damages to' fences and annual crops both inside and outside said right of way strip on the above described land caused by the construction, operation, , maintenance, inspection, rebuilding and removal of said lines, and in going to and from the right of way strip, and will repair the breakage caused to any bridge and any extraordinary damages to any road due to heavy hauling to and from the right of way strip, if claim is made within sixty (60) days after such damages are sustained. 5. That the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00), is the full, fair and adequate value of and represents just compensation to the defendants, Adolph C. Brantley and wife, Sue B. Brantley, for the fee simple title to a parcel of land and for the right of way and easement rights herein acquired by petitioner as above described, including any damages to th@ remaining unencumbered lands of the defendants by reason of the takingshereof. 6. That petitioner, Carolina Power & Light Company, pay into the Office of the Clerk of Superior Court of Nash County the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00) and that said amount be disbursed to the defendants, Adolph C. Brantley and wife, Sue B. Brantley. 7. That a certified copy of this JUDGMENT be recorded in the Office of the Register of Deeds of Nash County, North Carolina. 8. That petitioner, Carolina Power & Light Company, pay the costs of this proceeding. This the day of 1974. ERK OF SUPERIOR COUR N H COUNTY AIN BOOK 893 PACE 624 ' 1 Book: 893 Page: 621 Seq: 4 Page 5 of 5 CERTIFICATE The undersigned Clerk of the Superior Court of Nash County, North Carolina, hereby certifies that the foregoing is a true and correct copy of a Judgment duly entered and filed in his office. Let the instrument with this Certificate be registered. This the -�-= day of , 1974. --dLEAK OF SUPERIOR COIAT NASH COUNTY Y"3 Up i� �.• . ~ r f,� y♦ F11ed A registra r a IOCk M �nri• ,, r1t1IV rC.^c • 'c.i.,, :.A Boo ! :, • ' • k .Page t ISM Xr rn M �7 Mom W rn -:M rn 17 N n -.. t Boon 893 nc- ap- Book: 893 Page: 621 Seq: 5 Pag 1 of1 „ ft o NORTH CAROLINA Department of the Secretary of State CERTIFICATE OF NAME CHANGE I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify that on the 8th day of March, 2013, an Articles of Amendment Business Corporation with an effective date of 291h day of April 2013 duly executed by the proper officer to change the corporate name of - the business corporation named below, were filed in this office: Name at time of submission of Articles of Amendment: CAROLINA POWER & LIGHT COMPANY Name Chanize To DUKE ENERGY PROGRESS, INC. I FURTHER CERTIFY that this certificate is in compliance with North Carolina General Statutes 55D-26 and may be recorded in the office of the Register of Deeds in the same manner as deeds, the former name of the corporation appearing in the "Grantor" index and the amended name of the corporation appearing in the "Grantee" index. l�lgl�Illl�l�lll Ill lull ll�l�lll lull IIIII�111 loll l��Illll Illl ill Doc ID: 006511450001 Tvoe: CRP Recorded: 05/29/2013 at 01:49:49 PM Fee Amt: $26.00 Page 1 of 1 Nash Countv North Carolina Anne J. Melvin Reolster of Deeds ISK2617 8 PG166 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at q6 the City of Raleigh, this 17th day of May, IE 2013. 4W a" Scan to verify online. Certification#94233645-1 Reference# 11553137-ea Page: 1 of 1 Secretary of State Verify this certificate online at www.secretary.state.nc.uslyerfication 550 5- Try BOOK2678p. i f 6 9�il V6gg 1-%6 ,:.4K,