HomeMy WebLinkAboutSWA000083_2020_10_15_14_43_0344544559_doc_964410_20201208eaac 3281 ante 488 (0)
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This document presented and filed:
12/19/2018 11:00:11 AM
WILLIAM LEE KING, Henderson COUNTY, NC
Transfer Tax: $6.000.00
Excise Tax $6,000.00 Parcel Identifier Numbers: 9642187974 and
9642292434
(Parcel #s: 10001354 and 1016874)
Mail after recording to: Susan Barbour, Esq., McGuire Wood & Bissette Law Firm, Drhumor
Building, 48 Patton Avenue, Asheville, NC 28801
This instrument was prepared by Gregory D. Hutchins, Esq. of Roberts 8c Stevens, P.A., a licensed
North Carolina attorney. Delinquent taxes, if any, to be paid by the Closing attorney to the county tax
collector upon disbursement of closing proceeds.
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made this I'� �` day of December, 2018, by and between
GRANTOR
1�iINKLES BROADPOINTE LLC,
a
North Carolina limited liability company
Address: 6515 Bandera Avenue, Suite 2D
Dallas, TX 75225
GRANTEE
DUKE ENERGY CAROLINAS, LLC,
a North Carolina limited liability company
Address: 550 S. Tryon Street, DEC 45A
Charlotte, NC 28202
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 or parcel of land situated partially in the Town of Mills River and partially
in the Town of Fletcher, Henderson County, North Carolina and more particularly described as follows:
See Ezbibit A attached hereto and incorporated herein by this reference.
R&S 2146773_1 Special Warranty Deed
Book 3281
Page 489
The property hereinabove described is a portion of the property acquired by Grantor by instrument recorded in
Book 1621 at Page 361, Henderson County Registry.
A map showing the above described property is recorded in Piat Book 2018, Slide 11535, Henderson 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.
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, except for the exceptions hereinafter stated. Title to the property hereinabove described is
subject to the following exceptions:
1. Ad valorem taxes for 2019 and subsequent years.
2. Right of Way to State Highway Commission recorded in Book 418 at Page 490, Henderson
County Registry and the rights of others in and to the use of Old Fanning Bridge Road (SR 1419)
to its full legal width.
3. Matters shown on Plat Slides 2380, 3133, 3142, 9030, 9773, and Plat Book 2018 Slide 11535,
Henderson County Registry.
4. Right of Way to State Highway Commission recorded in Book 1550 at Page 308, Henderson
County Registry and the rights of others in and to the use of Broadpointe Drive (SR 1690) to its
full legal width.
5. Easements to Duke Power recorded in Book 455 at Page 281, Book 177 at Page 399, Book 288 at
Page 184, Book 926 at Page 379, and Book 926 at Page 381.
6. Easements to Cane Creek Water and Sewer recorded in Book 923 at Page 784 and Book 923 at
Page 788.
7. Easements to Southern Public Utilities Company recorded in Book 69 at Page 236, Book 69 at
Page 631, and Book 69 at Page 63 8
8. Easements, restrictions and rights of way of record as may cross or may otherwise affect the
property herein conveyed.
9. Any local, county, state or federal laws, ordinances or regulations relating to zoning, flood hazard
areas, environment, subdivision, occupancy, use, construction or development applicable to the
property herein conveyed.
All or part of the property herein conveyed does not include the primary residence of a Grantor.
IN WITNESS WHEREOF, the Grantor has caused its duly authorized officer or manager to set their hand and
seat, the day and year first above written.
SEPARATE SIGNATURE PAGE ATTACHED
R&S 2146773_1 Special Warranty Deed
Book 3281
Page 490
SEAL -STAMP
(INSERT
joruw*�'�
NICHOLAS P GARNER
Notary ID #131568365
My Commission Expires
May15,2o22
Minkles Broadpointe LLC,
a North Carolina limited liability company
1 (SEAL)
David E. Gibbons, Manager
I, a Notary Public of the County and State aforesaid, certify
that David E. Gibbons personally appeared before me this day
and acknowledged that he is the Manager of Minkles
Broadpointe LLC, a North Carolina limited liability
company, Grantor; and that by authority duly given and as the
act of such entity, he signed the foregoing instrument in its
name on its behalf as its act and deed. Witness my hand and
official stamp or seal, this � day of December, 2018.
My commission expires:
5 /.sl�aC�0L
eloofo S Gam'
Notary Public
R&S 2146773_I Special Warranty Deed
Book 3281
Page 491
EXHIBIT A
LEGAL DESCRIPTION
LYING AND BEING in Henderson County, NC and being partially in the Town of Fletcher and partially.in the Town
of Mills River and being all of Tax Parcels 10001354 and 1016874 and being more particularly described as
follows:
BEING all of that 35.012 acre trail as shown and described on that survey entitled "ALTA/NSPS Land Title Survey
for: Duke Energy Carolinas, LLC Asheville Ferncliff Retail" recorded in Plat Book 2018, Slide 11535 of the Office
of Register of Deeds for Henderson County, NC ("Registry")
ALSO BEING the greater portion of that 35.153 acre tract as described and conveyed to Minkles Broadpointe LLC
by deed recorded in Book 1621, at Page 361 of said Registry and shown as Tract Al containing 35.153 acres on
that certain plat entitled "Subdivision of the Property of Marie -Jeanne E. Cadgene and Narcisse Suzanne
Cadgene" recorded in Plat Book 2015, Slide 9773 of said Registry, reference to said Plat being made for a more
particular description of said Tract Al and incorporated herein by reference, LESS AND EXCEPTING that portion
of the property as conveyed to The Department of Transportation, an agency of the State of North Carolina by
deed for Highway Right of Way recorded in Book 3031, at Page 242 of said Registry.
R&S 2146773_1 Special Warranty Deed