NCCU Student Center - Property Deed

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NORTH CAROLINA
DURHAM COUNTY
THIS DEED, made and entered into this, the 26th day of
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November, 1973, by and between the REDEVELOPMENT COMMISSION
OF THE CITY OF DURHAM, a corporation (hereinafter referred to as
"Local Public Agency"), of Durham County, State of North Carolina; and
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the STATE OF NORTH CAROLINA (hereinafter referred to as "Grantee");
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WITNESSETH:
THAT the Local Public Agency, for and in consideration of the.
sum of One Hundred and Seven Thousand One Hundred and Thirty -Four
Dollars ($107, 134. 00), to it in hand paid at and before the sealing and deliv
ry
of these presents, the receipt of which is hereby fully acknowledged, does,
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by these presents, hereby give, grant, bargain, sell and convey to the
Grantee, its successors and assigns, the following tract or parcel of real
estate in Durham Township, Durham County, North Carolina, more parti-
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cularly described as follows:
BEGINNING at a point on the Southern property line of Nelson Street, said
point being at the intersection of the Southern property line of Nelson Street
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and the proposed Eastern property line•of Fayetteville Street, and runningi
thence South 88 degs. 11 mins, 47 seconds East 1270.18 feet to a stake on
the Southern property line of Nelson Street; thence South 11 degs. 55 mina.
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42 seconds West 53. 98 feet; thence South 28 degs. 47 mina. 32 seconds
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East 142, 12 feet; thence South 28 degs, 41 mina. East 155, 84 feet; thence
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in a Westerly direction along and with the arc of a circle, having a radius
of 1128. 04 feet, a distance of 98.44 feet along and with the Northern proper
line of Cecil Street; thence North 89 degs. 37 mins. 18 seconds West 180. 0
feet to a stake in the Northern property line of Cecil Street; thence North
1 deg. 47 mina. 49 seconds East 115. 77 feet; thence North 87 degs. 55 mins.
03 seconds West 294.0 feet; thence South 1 deg. 47 mina. 49 seconds West
10. 0 feet; thence North 88 degs. 06 mins. 26 seconds West 306. 11 feet;
thence North 88 degs. 10 mins: 48 seconds West 84. 80 feet; thence North
0 degs. 57 mins. West 10. 16 feet; thence North 88 degs. 26 mina. 22
seconds West 493. 57 feet to a stake on the proposed Eastern boundary of
Fayetteville Street; thence along and with the proposed Eastern boundary of
Fayetteville Street, North 12 degs. 32 mins. 38 seconds East 165. 63 feet
to a stake; thence along and with a curve, having a radius of 521. 68 feet, a
EDWARDS a MANSON
distance of 25. 69 feet along the proposed Eastern property line of Fayette -
having a radius of
ATTORNEYS AT LAW
DURHAM, N.C.
ville Street to a stake; thence along and with a curve,
10. 00 feet, in a Northeasterly direction, a distance of 14. 33 feet to a
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stake, the point and place of BEGINNING, and being a portion of Lot 1,
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EDWARDS D MANSON
ATTORNEYS AT LAW
DURHAM. N. C.
Y
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Block A, as shown on map and survey entitled "Property Disposition Map,
North Carolina College Project, NC R-41", dated December, 1971, and
recorded in the office of the Register of Dedds of Durham County in Plat
Book 73, at Page 53, to which reference is made for a more particular
description of same.
This conveyance is made subject to the following easements and
covenant restrictions and reservations which are hereby made and declared
covenants running with the land--to-wit, Declaratory Statement of Covenant
to Run with Land recorded in Book 364, at Page 476, of the Durham County
Registry.
The land conveyed herein is designated and hereby declared to
be an Institutional Area as that term is used and defined in the Declaratory
Statement of Covenants to Run with Land herein referred to.
1. GENERAL COVENANTS.
A. The covenants running with the land designated as "General
Provisions" and "Institutional Area" set forth and particularized in the Loc
Public Agency's Declaratory Statement of Covenants to Run with Land, Prc
ject NC R-41, dated March 3, 1970, and recorded in Deed Book 364, at
Page 476, in the office of the Register of Deeds of Durham County, North
Carolina, are binding upon and applicable to the land herein conveyed.
B. Grantee shall commence work on the improvements within
-three- ( -3- ) months from the date of this instrument and shall
diligently prosecute such and shall complete the improvements within
-eighteen- ( -18- ) months from the date of this instrument, all in
accordance with the Plans approved by the Local Public Agency.
C. Promptly after completion of the improvements in accord-
ance with the approved plans and provisions of this instrument, the Local.
Public Agency shall furnish Grantee an appropriate instrument certifying
to the satisfactory completion of the improvements. .Such certification
shall be in a form recordable in the office of the Register of Deeds of
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Durham County, North Carolina.
D. The Grantee agrees for itself, its successors and assigns
to or of the property or any part thereof, that the Grantee and such succes-
sors or assigns shall:
(1) Not discriminate upon the basis of race, color, reli-.
gion, sex or national origin in the sale, lease or rental or in the use or
occupancy- of the property or any improvements erected or to be erected
thereon or on any part thereof; and
(2) Comply with the regulations issued by the Secretary of
Housing and Urban Development set forth in 37 F. R. 22732-3 and all appli-
cable rules and orders issued thereunder which prohibit the use of lead -
based paint in residential structures undergoing federally assisted construc
tion or rehabilitation and require the elimination of lead -based paint hazard
and these covenants shall be covenants running with the land and shall be
binding to .the fullest extent permitted by law and equity for the benefit and
in favor of and enforceable by (a) the Local Public Agency, its successors
and assigns, (b) the City of Durham and any successor in interest in the
property or any part thereof, (c) the owner of any other, land or of any
interest in such land within the Project Area which is subject to the land
use requirements and restrictions of the Declaratory Statement of Cove-
nants to Run with Land, Project NC R-41, as recorded, and (d) the United
States, against the Grantee, its successors and assigns and every succes-
sor in interest to the property or any part thereof or interest therein, and
any party in possession or, occupancy of the property or any part thereof.
In amplification, and not in restriction, of the provisions of
Sections 1. A. and 1. D. , it is intended and agreed that the Local Public
Agency and its successors and assigns shall be deemed beneficiaries of
the covenants provided in Sections 1. A. and 1. D. hereof; and the United
States shall be deemed a beneficiary of the covenants provided in Section
1. D. hereof, both for and in their or its own right and also for the pur-
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EDWARDS a
poses of protecting the interests of the community and other parties, public
or private, in whose favor or for whose benefit such covenants have been
provided. Such covenants shall run in favor of the Local Public Agency and
the United States for the entire period during which such covenants shall be
in force and effect without regard to whether the Local Public Agency or the
United States has at any time been, remains, or is an owner of any land or
interest therein to or in favor of which such covenants relate. The Local
Public Agency shall have the right, in the event of any breach of any such
covenants, and the United States shall have the right, in the event of any
breach of the covenants provided in Section 1. D. hereof, to exercise all
rights and remedies and to maintain any actions or suits at law or in equity
or other proper proceedings to enforce the curing of such breach of cove-
nant to which it or any other beneficiaries of such covenant may be entitled.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land
and all privileges and appurtenances thereunto belonging unto it, the said
Grantee, and its successors and assigns, forever in fee simple.
And the said Grantor, the Local Public Agency, for itself and
its successors and assigns, covenants to and with the Grantee and its suc-
cessors and assigns that it is seized of said premises in fee simple and has
the right to convey the same in fee simple; that the same are free from en-
cumbrances; and that it will warrant and defend the title to same against
the claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the Local Public Agency has cause,
this Deed to be sealed with its common corporate seal and duly executed by
its Chairman and attested by its Secretary and has delivered these presents
under its seal, all by Resolution of the Board of Commissioners of said
Local Public Agency, the day and year first above written.
REDEVELOPMENT COMMISSION
tAtte.t: OF THE CITY OF TRHAM
By
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NORTH CAROLINA - DURHAM COUNTY
This is to certify that on this day personally came before me
Ben T. Perry, III, with whom I am personally acquainted, who, being by
me first duly sworn, says that J. Elliott Irvine is the Vice -Chairman and
that he, said Ben T. Perry, III, is the Executive Director and Secretary
of the Redevelopment Commission of the City of Durham, the corporation
ddscribed in and which executed the foregoing instrument; that he knows
the common seal of said corporation; that the seal affixed to said instru-
ment is said common seal; that the name of the- corporation was subscribed
thereto by the said Vice -Chairman; that the said Vice -Chairman and Secre-
tary subscribed their names thereto; that said common seal was affixed,.
all by Resolution of the Board of Commissioners of said corporation; and
-that. said instrument is the act and deed of said corporation.
WITNESS my hand and Notarial seal, this 26th day of November,
�1573,'.
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r ..... :�My commission expires: Notary Pu is /
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NORTH CAROLINA - DURHAM COUNTY
- i The foregoing certificate of ,�.�•_ `,� ,
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a: Notary Public of Durham County, N. C. , is cer ified to be correct.
This, the day of November, 1973.
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Registei, of Deeds
' NORTH CA %ft DURHAM Omly
6134 for registratton at/0''js o'clock Q M
• d- 6 19 7 3 and registered in the
aft of the Re Ester a Deeds for Durham
County in Book %� 0 9 Page ze, 7
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.ees.a� seee.
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EDWARDS & MANSON
! ATTORNEYS AT LAW'
j DURHAM. N. C.
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