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HomeMy WebLinkAboutSW3170503 (4)1 FILED CABARRUS COUNTY NC WAYNE NIXON REGISTER OF DEEDS FILED Dec 19, 2016 AT 03:55 pm BOOK 12282 START PAGE 0105 END PAGE 0108 INSTRUMENT # 33679 EXCISE TAX 56,334.00 ML Prepared by: Law Offices of Robert M. Critz, P.A. P.O. Box 745, Concord, NC 28026-0745 File #27191-C 1'eturn to: R jEmily B. Reynolds, Esq. Moore & Van Allen PLLC 100 N. Tryon Street, Suite 4700 Charlotte, NC 28202 p/o PIN # 4691-52-9158 Revenue Stamps: $6,334.00 NO TITLE OPINION RENDERED NOR IMPLIED NORTH CAROLINA TRUSTEE'S DEED CABARRUS COUNTY THIS TRUSTEE'S DEED, made this Wiz' day of December, 2016, by and between DONALD E. WHITAKER, TRUSTEE OF THE RONALD GOLD OVERCASH TRUST AGREEMENT DATED MARCH 31, 2003, AS AMENDED ON SEPTEMBER 13, 2013, Grantor, and CK AFTON RIDGE LAND, LLC, a North Carolina limited liability company, whose mailing address is 301 South College Street, Charlotte, North Carolina 28202-6042, Attn: Landon R. Wyatt III, Grantee. 1 �1 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include the 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 tract or parcel of land, more particularly described as follows: Lying and being in the City of Concord, No. 2 Township, Cabarrus County, North Carolina, south of, but not adjoining Untz Road, adjoining the property of Dalton L. Harrison (Book 801, Page 285), Montana M. Marshall (Book 11820, Page 226), Kermit H. Marshall (Book 7097, Page 76, Book 7168, Page 261, and Book 479, Page 40), Fred P. Motley (Book 297, Page 284), CK Lake Pointe Corporate Center, LLC (Book 5578, Page 115), CK GFS Holding, LLC (Book 11261, Page 135), Nancy A. Smith (Book 10422, Page 344), Curtis L. Andrews, Jr., et. al. (Book 11555, Page 272), Gerald W. Hinson (Book 4074, Page 259), and Mercury Partners, LLC (Book 4906, Page 188), and being more particularly described as follows: BEGINNING at an existing angle iron rod found, said point being located at the southwest corner of the property of Harrison (said point being further located S. 05°58'57"E. 264.04 feet from the northwest corner of Harrison), and runs thence two (2) courses and distances with the line of Harrison, as follows: (1) N. 87°10'38" E. 594.50 feet to an existing iron pin found; and thence (2) N. 06°26'27" W. (passing an existing iron rod found at 74.83 feet) 97.99 feet to an existing iron pin found, said point being the southwest comer of Montana H. Marshall; thence with the line of Montana H. Marshall and Kermit H. Marshall, N. 86°48'09" E. (passing an existing iron rod found at 256.48 feet, passing an existing iron rod found at 556.41 feet, and passing a new iron rod set at 863.73 feet), 913.72 feet to a point in the center of Coddle Creek; thence eighteen (18) courses and distances with the centerline of Coddle Creek, as follows. (1) S. 24002'36" W. 82.81 feet to a point; thence (2) S. 29°17'10" W. 177.15 feet to a point; thence (3) S. 27°03'19" W. 257.58 feet to a point, thence (4) S. 21°38'02" W. 148.87 feet to a point; thence (5) S. 29°37'01" W. 141.06 feet to a point; thence (6) S. 29043'04" W. 181.31 feet to a point, thence (7) S. 18°45'45" E. 66.61 feet to a point: thence (8) S. 25°43'21" E. 104.57 feet to a point: thence (9) S. 48°51'12" E. 88.36 feet to a point: thence (10) S. 54°57'29" E. 135.37 feet to a point: thence (11) S. 40°39'04" E. 130.90 feet to a point: thence (12) S. 45°38'35" E. 91.00 feet to a point; thence (13) S. 44°06'08" E. 139.04 feet to a point: thence (14) S. 37°19'04" E. 158.07 feet to a I point; thence (15) S. 34°03'49" E. 79.74 feet to a point; thence (16) S. 37°09'44" E. 117.91 feet to a point; thence (17) S. 46°03'56" E. 77.37 feet to a point; thence (18) S. 25000'37" E. 233.10 feet to a point, said point being the northeast corner of CK GFS Holding, LLC, in the line of CK Lake Pointe Corporate Center, LLC; thence four (4) courses and distances with the line of CK GFS Holding, LLC, as follows: (1) N. 89°35`48" W. (passing an existing iron rod found at 53.04 feet) 881.19 feet to an existing iron rod found; and thence (2) S. 84°2423" W. 461.95 feet to an existing iron rod found; thence (3) S. 75°23'06" W. 313.69 feet to an existing iron rod found; and thence (4) S. 40°59'50" W. 621.63 feet to an existing iron rod found, said point being the northeast corner of Smith; thence two (2) courses and distances with the line of Smith, as follows: (1) S. 40°42'04" W. 220.07 feet to an existing iron rod found; and thence (2) N. 89°38'20" W. 857.61 feet to an -existing iron pin found, said point being a comer of Andrews; thence with the line of Andrews, N. 01°35'05" W. 1,616.77 feet to an existing iron rod pin found, the southwest corner of Hinson; thence two (2) courses and distances with the line of Hinson, as follows: (1) N. 01'36'18" W. 277.89 feet to an existing iron rod found; and thence (2) N. 00°22'35" W. 158.63 feet to an existing iron pin found, the southeast corner of Mercury Partners, LLC; thence with the line of Mercury Partners, LLC, N. 00°29'36" W. 303.73 feet to a new iron rod set, said point being located S. 00°29'36" E. 366.57 feet from the northwest comer of the Overcash Trust, the northwest corner of the Mercury Partners; thence two (2) new courses and distances through the property of the Overcash Trust, as follows: (1) N. 88°10'16" E. 1,226.61 feet to a new iron rod set; and thence (2) N. 05°58'57" W 161.00 feet to the POINT AND PLACE OF BEGINNING, containing an area of 5,517,880 sq. ft. or 126.6731 acres, as shown on a survey by Justin F. Cloninger, NCPLS, R. B. Pharr & Associates, P.A., dated April 8, 2016, Job No. 84733, File No. W-5031. For back reference see Deed recorded in Book 10691, Page 81, Cabarrus County Registry. Ronald Gold Overcash died testate in Cabarrus County, North Carolina, on April 13, 2010. (See Estate File No. 10-E-324 in the Cabarrus County Clerk of Court.) The Last Will and Testament of Ronald Gold Overcash devised the residue and remainder of his property to the Trust. See Certification of Trust recorded in Book 11925, Page 318, Cabarrus County Registry. 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. The Grantor, as Trustee, 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 3 lawful claims of all persons claiming by, under or through Grantor, as Trustee, other than the following exceptions: All easements or rights-of-way, restrictions and covenants, minimum building setbacks, zoning laws and ordinances, and any exceptions of record ("of record" to include, without limitation, any and all surveys of the Property, .or any portions thereof) affecting the property hereby conveyed. IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed and delivered. (SEAL) Donald E. Whitaker, as Trustee of the Ronald Gold Overcash Trust dated March 31, 2003, as amended on September 13, 2013 NORTH CAROLINA CABARRUS COUNTY I, 6kV&t a Notary Public in and for said County of �0. and State, do hereby certify that Donald E. Whitaker, as Trustee of the Ronald Gold Overcash Trust dated March 31, 2003, as amended on September 13, 2013, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal, this the � 3� day of December, 2016. 10 /to /, N terry Public My Commission Expires: MARY ELIZABETH STEWART NOTARY PUBLIC CABARRUS COUNTY, N.C. 4 i FILED CABARRUS COUNTY NC WAYNE NIXON REGISTER OF DEEDS FILED Dec 19, 2016 AT 03;55 pm BOOK 12282 START PAGE 0109 END PAGE 0112 INSTRUMENT # 33680 EXCISE TAX $0.00 MSL NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: 50.00* This conveyance is for business conveyance only and is without consideration. Therefore. no revenue orexcise-= stamps are required for recording this deed pursuant to N.C. General Statutes. Section 105-228.29 (See N.C. Attorney General Opinion in 43 N.C.A.G. 79 (1973)) • Parcel identifier No. Part of 4690-69-0018 and 4690-49-5667 Verified by County on the day of .20 By: .A,�ox to: Grantee i�s instrument vas prepared by: A400re R Van Allen PLLC. 100 N. Tryon Street. Ste. -1700. Charlotte. I`°C 28202 Attn: E Revttolds ***A'o title examination conducted by areoarer.*** Brief description for the Index: Portion of Tax Parcels noted above located to the North of Goodman Road THIS DEED made this T"- day of I> _ 016. by and between GRANTOR CK AFFON RIDGE LAND. LLC. a North Carolina limited liability company 301 S. College Street, Suite 2800 Charlotte. NC 28202 GRANTEE CK AFTON RIDGE LAND, LLC. a North Carolina limited liability company 301 S. College Street. Suite 2800 Charlotte, NC 28202 Enter in appropriate block for each Grantor and Grantee: name. mailing address: and, if appropriate, character of entity. e.g. corporation or partnership. 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; parcel of land or condominium unit situated in the No. 2 Township, Cabarrus County. North Carolina and more particularly described as follows: See "Exhibit A" attached hereto and incorporated herein by reference. Page t of 4 NC Bar Association Form No. 6 © Revised 7/2013 Printed by Agreement w ith the NC Bar Association CHAR—Al 853908v2 ; ma This standard form has been approved jointly by. North Carolina Bar Association — NC Bar Form No 6 North Carolina Association of Realtors. Inc- — Standard Form 6 The property hereinabove described was acquired by Grantor by instrument recorded in Book I 2ZgZ> Page q f7 and Book. �Z21. Page J03 All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 72. . Page SZ The sole purpose o f this document is to reflect the recombination of Lots 1 and 2 on said plat_ 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: 1. All easements and restrictions of record- ') Zoning and other land use regulations and all laws applicable to the Property_ 3. The lien of 2017 ad valorem taxes which are not yet due or payable. The sole purpose of this deed is to effect a combination of those properties labeled as Lot 1 (5.54 acres) and Lot 2 (2.32 acres) on that plat recorded in Book 72— . Page _ 572— of the Cabarrus County Registry. [signature page follows] Page 2 of 4 NC Bar Association Form No. 6 O Revised 7/2013 Printed by Agreement with the NC Bar Association CHAR211853908v2 This standard form has been approved jointly by: North Carolina Bar Association — NC Bar Form No. 6 North Carolina Association of Realtors. Inc. — Standard Form 6 v NZ WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. CK AFTON RIDGE LAND, LLC, a North Carolina limited liability company By: Childress l 'n Properties, Inc., its manager r� By: Name: Landon att, III Title: Vice President State of North Carolina - Countyof k f j l [,the undersigned Notary Public of the County of Dion and State aforesaid, certify that Landon R. Wyatt, III personally appeared before me this day and acknowledged the due execution of thefore oing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of , 2016. My Commission E� U {/ V Notary Public (Affix Sea!) �.��``"tg L0 VV, %iNotary's! inted or Typed N me 1- o o P&L z' NC Bar Association Farm No_ 60 Revised 7/2013 Printed by Agreement with the NC Bar Association CHAR2%1853908 Page 3 of 3 chis standard form has been approved jointly by: North Carolina Bar Association- NC Bar Form No. 6 North Carolina Association of Realtors, [no-.- Standard Form 6 EXHIBIT A Being that certain parcel of land lying and being situate in Township No. 2, Cabarrus County. North Carolina and being more particularly described as follows: Beginning at a rebar located at a southern corner of Donald E. Whitaker, Trustee, recorded in Book 10691. Page 81, said point being the northwest corner of the herein described tract and having North Carolina Grid Coordinates (NAD83/2011) N: 610.669.47 feet and E: 1,495,620.39 feet, said point being the POINT OF BEGINNING. thence along the southern line of said Donald E. Whitaker, Trustee North 40°43'41" East 220.07 feet to a rebar at the northwest comer of 6200 Glen Afton, LLC, recorded in Book 11814, Page 148; thence along the line of said 6200 Glen Afton, LLC South 18°42'40" East 579.16 feet to an iron pipe: thence South 18°42'40" East 10.00 feet to a 24 -inch pine tree; thence South 85°28'44" East 10.00 feet iron pipe: thence South 85°28'44" East 97.20 feet to a rebar at the northwest corner of Paul and Wanda Williams. recorded in Book 443. Page 680; thence along the line of said Williams South 05°20'32" West 610.61 feet to a rebar located on the northern right of bray line of Goodman Road, a 60 -foot public right of way: thence South 05°20'32" West 30.31 feet to a point in the centerline of Goodman Road: thence along the centerline of said Goodman Road the follo,.ving six calls: (1) South 83°38'55" West 55.63 feet to a point: (2) South 82°10'49" West 102.31 feet to a point; (3) South 80°00'39" West 69.50 feet to a point; (4) South 78°46'36" West 39.30 feet to a point: (5) South 78°21'27" West 35.53 feet to a point and (6) South 77°48'01" West 64.53 feet to a point on the eastern line of Nancy and Richard Smith, recorded in Book 10422. Page 344; thence leaving the centerline of Goodman Road and following the said eastern line of Smith North 05°18'09" East 30.00 feet to an iron pipe located on the northern right of way line of Goodman Road; thence North 05° 18'09" East 698.05 feet to a rebar; thence along a new line North 12°54'10" West 383.16 feet to the POINT OF BEGINNING, containing 342.607 square feet. or 7.865 acres, more or less. Page 4 of 4 NC Bar Association Form No. 6 © Revised 7/2013 Printed by Agreement with the NC Bar Association CHAR2\ 1853908% 2 This standard form has been approved jointly by: North Carolina Bar Association — NC Bar Form No. 6 North Carolina Association of Realtors. Inc —standard Form 6 0 State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION SOSID: 1558497 Date Filed: 12/6/2016 9:49:00 AM Elaine F. Marshall North Carolina Secretary of State C2016 337 00674 Pursuant to §57D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: CK Afton Ridge Land, LLC (See Item lof the Instructions for appropriate entity designation) 2. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer or both. Note: This document must be signed by all persons listed.) Name Address Capacity 3. In 5. Q Landon R. Wyatt, III c/o Childress Klein, 301 S. College St, #2800 Organizer Charlotte, NC 28202 The name of the initial registered agent is: Cyrus Johnson, Esq. The street address and county of the initial registered agent office of the limited liability company is: Number and Street 301 S. College Street, Suite 3500 City 28202 Charlotte State: NC Zip Code: County: Mecklenburg The mailing address, if different from the street address, of the initial registered agent office is: Number and Street n/a City State: NC Zip Code: County: Principal office information: (Select either a orb.) a. 0■ The limited liability company has a principal office. The principal office telephone number: 704-342-9000 The street address and county of the principal office of the limited liability company is: Number and Street: 301 S. College Street, Suite 2800 City: Charlotte NC 28202 State: Zip Code: County: Mecklenburg CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 (Revised December 2016) 2 (Form L-01) The mailin address, ddress, if different from the street address, of the principal office of the company is: Number and Street: City: State: Zip Code: County: b. ❑ The limited liability company does not have a principal office. 7. Any other provisions which the limited liability company elects to include (e.g., the purpose of the entity) are attached. (Optional): Listing of Company Officials (See instructions on the importance of listing the company officials in the creation document. Name Title Business Address Privacy Redaction 9. (Optional): Please provide a business e-mail add The Secretary of State's Office will e-mail the business automatically at the address prove e a ove at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see the instructions for this document. 10. These articles will be effective upon filing, unless a future date is specified: This is the 2nd day of December 20 16 CK Afton ge Land, LLC Signature Landon, R. Wyatt, III, Organizer Type or Print Name and Title The below space to be used if more than one organizer or member is listed in Item #2 above. Signature Type and Print Name and Title Signature Type and Print Name and Title NOTE: 1. Filing fee is $125. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 (Revised December 2016) 3 (Form L-01)