20080499 Ver 1_More Info Received_20090202

[Fwd: FW: FedEx Recorded Declarations]
Subject: Fwd, FW: FedEx Recorded Declarations]
From: Sue Homewood <Sue. Homewood?ancmail.net>
Date: Mon, 02 Feb 2009 11:5332 -0500
To: Laurie 1 Dennison <Laurie. J.DemIson(a ncmail.net>, Amy Chapman <[e-mail]>
Laurie
Not sure if Amy gave you a copy but this needs to go into the file for 08-0499
JBoX S ? a_o0S
0g-04gq
-------- Original Message --------
Subject:FW. FedEx Recorded Declaratigns
Date:Fri, 30 Jan 2009 10:36:17 -0500
From:DeVaney, Jay <JI)e}:uiev:a nexsenpruet. com>
To:Sue Homewood <Sue. Homewood?jtCncmail. net>, "'Amy. Chaoman,'ancmad netcame. chapmantbnemad.net>
CC:damel-ehrharo:i4ledex.com <damel. ehrharW+fedex.com>,'jennifer. foxrabold,40edex. cony <ienniferfoxrabold?a!fedex com>, willianixonnord'fedex coin <cilliam. connora+ledex co-, Tony Julian
<gululm(?shi Iseston. com%
Sue, Amy, attached are the restrictions we recorded this week with respect to the areas designated to be preserved on the FedEx Ground property on Old Greensboro Road in Kim,
M. Say Devaney
Board Certified Real Property Law
Business, Commercial 6 Industrial Transactions
Nex sen Pruet, PLLC
701 Green Valley Road, Suite 100
Greensboro, NC 27406
PO Box 3463 (27402)
T: 336.38'1.5108, F: 336.38].8910
jdevanc"n exsenpruet.com. com
wl`enpruet.com
Nexsen Frost
CONFIDENTIAL COlR4UNICATION: The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or emit'
IRS CIRCULAR 230 NOTICE: Any federal tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of
-----Original message-----
From: Brooks, Tara
Sent: Friday, January 30, 2009 10:22 AM
To: Devaney, Jay
Cc: 'nallyma l12Y.3ruya hoo.com'
Subject: FW: FedEx Recorded Declarations
CONFIDENTIAL COFA1lINICATION: The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or emit'
IRS CIRCULAR 230 NOTICE: Any federal tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of ,
sue Homewood
NC DEER Winston-Salem Regional Office
Division of Water Quality
505 Waughtown Street
Winston-Salem, NC 27107
VO it, [phone]
FAX: [phone]
E-mail corresponds.. to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third
parties.
FedEx Recorded Declarations.pdf Content-Type: application/pdf
Content-Encoding: base64
1 of 1 2/2/2009 12:07 PM
Book 6969 Page 2127
YINIIiIMIIIIMIIIAIflIN
2008004207
GUILFORD CO, NC FEE $35.00
PRZMDr6oaP COMD:
01-27-2009 02:01:30 PM
JEFF L. THIGPEN
REOWWWOEMS
BY: 4ma ScHum
DEPUTY-08
BK: R 6969
PG: 2127-2134
?Cb This Instrument Prepared By;
M. Jay Devaney
Nexsen Prue4 PLL.C
P. 0. Box 3463
Greensboro, NC 27402
Pl LA. KPLAlb"11
DECLARATION OF COVENANTS AND RESTRICTIONS
This Declaration of Covenants and Restrictions is made this 'midday of
January, 2009, by FEDEX GROUND PACKAGE SYSTEM, INC., a Delaware
corporation ("Declarant").
WITNESSETH
WHEREAS, Declarant is the owner of certain property in Deep River Township,
Guilford County, North Carolina, referred to herein as the Property and more particularly
described as:
Being all of Lot 4 as shown on the final plat of TRIAD BUSINESS
PARK, PHASE 1 as per plat thereof recorded in Plat Book 175, Pages 97
and 98 in the Office of the Register of Deeds of Guilford County, North
Carolina.
WHEREAS, Declarant desires by this Declaration to provide for restrictions on
the use of a portion of the Property as shown on the map attached hereto as Exhibit A and
more particularly described on Exhibit B (the "Restricted Area").
NOW, THEREFORE, Declarant hereby declares that the Restricted Area which is
a portion of the Property shall be held, sold and conveyed subject to the following
restrictions and covenants which shall run with the Property and be binding upon all
parties having any right, title or interest in the Property or any part thereof and their heirs,
successors and assigns.
NPG801:1042276.1
Book 6969 Page 2128
Upon recordation of this Declaration in the Office of the Register of Deeds of
Guilford County, North Carolina, the Restricted Area, regardless of by whom owned,
shall be subject to the following restrictions:
No person or entity shall perform any of the following activities within the
Restricted Area:
Fill, grade, excavate or perform any other land disturbing activities;
2. Cut, mow, burn, remove, or harm any vegetation;
3. Construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary
structures;
4. Drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area;
5. Dump or store soil, trash, or other waste;
6. Graze or water animals, or use for any agricultural or horticultural
purpose.
These restrictions are made subject to that certain Deed of Easement, Sanitary
Sewer System and Greenway to the City of High Point recorded in Book 6920, Page
2593, Guilford County Registry and to all other restrictions, easements and rights of way
of record as of the date of recording of this Declaration.
The covenants and restrictions of this Declaration shall be perpetual and shall be
enforceable by the Division of Water Quality of the North Carolina Department of
Environment and Natural Resources or its successors-
IN WITNESS WHEREOF, the undersigned Declarant has caused this instrument
to be executed this the j4p44N day of January, 2009.
FEDEX
By:
PACKAGE SYSTEM, INC.
i?z
NPG801:1042279.1
Book 6969 Page 2129
COMMONWEALTH OF PENNSYLVANIA
ALLEGHENY COUNTY
I -- I Al. Pv-tj f h Jj C, a Notary Public of the Commonwealth and
County oresaid, certify that James M. Maxwell, being personally known to me,
personally appeared before me this day and acknowledged that he is Managing Director,
Real Estate of FedEx Ground Package System, Inc. a Delaware corporation, and that he,
as Managing Director, Real Estate, being authorized to do so, voluntarily executed the
foregoing on behalf of the corporation for the purposes stated therein.
WITNESS my hand and official stamp or seal, this Z&tday of January, 2009
My Commission Expires: Q:eA ?? All.
r} (- I otary Public
PSSiCGi /?• ?r? /r??
Printed Name
SEAL NOTARIAL SEAL
JESSICA M FROEHLICH
Notary Public
MOON TWP, ALLEGHENY COUNTY
My Comrnls:Ion Expires Nov 21, 2011
NP0801:1042278.1
Book 6969 Page 2130
EXHIBITA
lpl?*- Im"
I
I
ss w
"Woo
THIS MAP IS NOT A CERTIFIED SURVEY AND HAS
NOT BEEN REVIEWED BY A LOCAL GOVERNMENT
AGENCY FOR COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS
NP0901:100479S.6-MODWAN%10M4,9 19-00001
10:44 AM
NP8S01:1001796.64tD-(JDEVANE`) 04191040001
12/310610:44 AM
Un d GUM
? swq _--.nmo Iwo
Book 6969 Page 2131
EXHIBIT B
Legal Description
Area A
All that certain piece, parcel or lot of land, lying and being situated in Deep River Township, Guilford
County, North Carolina, on the northern side of Interstate Highway 40 (Business) at the Forsyth County
line, and being a portion of parcel 4 as shown on a final survey entitled "Triad Business Park, Phase I"
performed for the Samet Corporation, by Regional Land Surveyors, Inc. dated August 11, 2008, and
having the following metes and bounds to wit;
Beginning at a'/:" Iron Pipe, found, in the southwestern corner of parcel 4 as shown on said plat, said iron
pipe being on the northern margin of Interstate 40 (Business) and a common corner with Terry Lynn
Ballard and Betty J. Idol Holcomb; thence running with the said Ballard-Holcomb line N 03°09'30" E a
distance of 534.56 feet to a point on said line; thence turning and following the line of a new conservation
easement for the following 20 courses:
(1) S 20°20'56" E a distance of 225.41 feet to a point;
(2) S 45°15'21" E a distance of 149.46 feet to a point;
(3) S 60°19'21" E a distance of 184.19 feet to a point;
(4) S 41°07'29" E a distance of 88.80 feet to a point;
(5) S 64°26' 13" E a distance of 41.23 feet to a point;
(6) S 56°59' 14" E a distance of 125.23 feet to a point,
(7) S 16°39'30" E a distance of 31.62 feet to a point;
(8) S 74'25'19" E a distance of 151.28 feet to a point;
(9) S 88056'45" E a distance of 23.99 feet to a point;
(10) N 57°52'20" E a distance of 33.81 feet to a point;
(11) S 63°54'33" E a distance of 134.56 feet to a point;
(12) S 32°22'32" E a distance of 42.28 feet to a point;
(13) S 77°41'56" E a distance of 98.36 feet to a point;
(14) N 89-13-43" E a distance of 34.85 feet to a point;
(15) S 74°22'28" E a distance of 142.57 feet to a point;
(16) N 34°56'48" E a distance of 137.27 feet to a point;
(17) S 74°30'21" E a distance of 96.40 feet to a point;
(18) S 04°34'37" E a distance of 100.36 feet to a point;
Book 6969 Page 2132
(19) S 74-25'l 3 " E a distance of 60.60 feet to a point;
(20) S 09°52'57" W a distance of 110.15 feet to a point on the northern margin of the Interstate 40
(Business) right-of-way;
thence running with said right-of way for the following 3 courses; (1) N 74°58'01" W a distance of 464.83
feet to a 1" Iron Pipe, found; (2) thence N 75°37154" W a distance of 416.02 feet to a W Iron Pipe,
found; (3) thence N 75° 11'07" W a distance of 580.14 feet to the point of beginning.; containing 243,172
square feet or 5.582 acres.
Area B
All that certain piece, parcel or lot of land, lying and being situated in Deep River Township, Guilford
County, North Carolina, on the northern side of Interstate Highway 40 (Business) near the Forsyth
County line, and being a portion of parcel 4 as shown on a final survey entitled "Triad Business Park,
Phase I" performed for the Samet Corporation, by Regional Land Surveyors, Inc. dated August 11, 2008,
and having the following metes and bounds to wit:
Beginning at a 1-3/4" Iron Pipe, found, said pipe being on the northern margin of the right-of-way for
Interstate 40 (Business) and a common comer with Irene I. Stack; thence running with said right-of-way
N 74°50'09" W a distance of 108.97 feet to a point; thence turning and running with a new conservation
easement for the following 42 courses:
(1) N 15°34'23" E a distance of 41.25 feet to a point;
(2) N 30° 19'06" E a distance of 216.53 feet to a point;
(3) N 23°35'09" E a distance of 253.92 feet to a point;
(4) N 11 °00'46" E a distance of 204.64 feet to a point;
(5) N 18°39'47" E a distance of 192.38 feet to a point;
(6) N 15°06'06" W a distance of 70.92 feet to a point;
(7) N 34°56'02" W a distance of 41.66 feet to a point;
(8) N 20019'29" W a distance of 86.95 feet to a point;
(9) N 02°59'00" W a distance of 43.66 feet to a point;
(10) N 10°01'07" W a distance of 101.11 feet to a point;
(11) N 41 °20'41" W a distance of 108.33 feet to a point;
(12) N 56°40'09" W a distance of 45.78 feet to a point;
(13) N 51°03'25" W a distance of 36.45 feet to a point;
(14) N 44°25'06" W a distance of 211.65 feet to a point;
(15) N 81°08'10" W a distance of 52.36 feet to a point;
(16) N 06°32'31" W a distance of 40.07 feet to a point;
Book 6969 Page 2133
(17) N 42°39'19" W a distance of 129.52 feet to a point;
(18) N 29°09146" W a distance of 94.33 feet to a point;
(19) N 36°26'57" W a distance of 113.02 feet to a point;
(20) N 22°24'05" W a distance of 68.54 feet to a point;
(21) N 34018'34" W a distance of 44.83 feet to a point;
(22) N 48-19-45" W a distance of 100.01 feet to a point;
(23) N 19158'35" W a distance of 101.60 feet to a point;
(24) N 30-15-54" E a distance of 143.42 feet to a point;
(25) S 72-14'33" E a distance of 87.08 feet to a point;
(26) S 49°57'08" E a distance of 90.24 feet to a point;
(27) S 04°36'32" W a distance of 31.60 feet to a point;
(28) S 47°44'23" E a distance of 54.11 feet to a point;
(29) S 34°30' 11 " E a distance of 102.51 feet to a point;
(30) S 25°33'36" E a distance of 68.04 feet to a point;
(31) S 53°47'44" E a distance of 41.83 feet to a point;
(32) S 29-47'17" E a distance of 86.99 feet to a point;
(33) S 80053'08" E a distance of 53.76 feet to a point;
(34) N 40°46`46" E a distance of 30.29 feet to a point;
(35) N 77°59'06" E a distance of 96.38 feet to a point,
(36) S 27°38'01" E a distance of 149.40 feet to a point;
(37) S 30°17'06" W a distance of 75.87 feet to a point;
(38) S 47°28'54" W a distance of 29.28 feet to a point;
(39) S 27°57'42" E a distance of 59.53 feet to a point;
(40) S 77°24'08" E a distance of 80.21 feet to a point;
(41) N 84°39'48" E a distance of 19.43 feet to a point;
(42) S 74°11'20" E a distance of 110.05 feet to a point, said point being on the common line with parcel 3
on said plat;
thence running with said parcel 3 line S 10°51'07" E a distance of 723.07 feet to a %s°' Iron Pipe, set, said
pipe being a common corner with other property of TDO Land Holding, LLC, future development for
Triad Business Park; thence continuing with said TDO line S 10°51'07" E a distance of 37.38 feet to a ''/2"
Book 6969 Page 2134
Iron Pipe, set; thence S 27048'58" W a distance of 116.94 feet to a''/z" Iron Pipe, set, said pipe being a
common corner with Benjamin Dale Stack; thence running with said Stack line S 27°48158" W a distance
of 453.72 feet to a'/," Iron Pipe, set, said point being a common corner with Irene I. Stack; thence
running with said Irene I. Stack line for the following 3 courses: (1) N 88°53'39" W a distance of 66.98
feet to a W Square Iron Rod, found; (2) thence S 02°07 15" W a distance of 138.00 feet to an Axle,
found; (3) thence S 27°48'58" W a distance of 128.16 feet to the point of beginning.; containing 479,307
square feet or 11.003 acres.