SW5240801_Property Deed_20241104

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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.
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NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED as follows:
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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
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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
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(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
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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
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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.
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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
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