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HomeMy WebLinkAboutSW3230605_Property Deed_20230627 1979 0290 BR 1979 Pr/ ? 90 4 5 4 3 I UNION COUNTY NC 9 11/19/2002 ware $920.00 Rai ibr p Rea! Estate Ta* (I Excise Tan aim aititIh a,lea NORTH CAROLINA WARRANTY DEED CABARRUS COUNTY Tax Parcel No.: 5-087-009-80 and 5-087-009-90 and 5-087-0011A This ins len'Pp epareAy: iggdirfitig : 15 VsJrP, ifartsell & Williams, P.A., P. O. Box 368, Concord, NC 28026 File: Excise Tax: $920.00 THIS DEED made this 11th day of November 2002, by ETHEL R. SECHLER and H. SCOTT COUICK, Trustees of the Warren B. Rogers, Sr. Trust dated August 27, 1992 and ETHEL R. SECHLER and H. SCOTT COUICK, Executors under the Will of Warren Burris Rogers, Sr. ("Grantor"), and JOSEPH DANIEL ROGERS, ("Grantee"), whose address is 5520 Rehobeth Road, Waxhaw, North Carolina 28173. 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 WHEREAS, Warren Burris Rogers, Sr. died testate, a resident of Union County, North Carolina, on January 4, 2001, and at the time of his death was the owner of the real property hereinafter described; and whereas, under the terms of the Will and First Codicil, the residuary estate was devised to the acting trustees of the Warren B. Rogers, Sr. Trust dated August 27, 1992, as amended, and pursuant to the terms of the Trust, Ethel R. Sechler and H. Scott Couick are now the Trustees; and whereas, under the terms of the Trust Agreement, as amended, the Trustees are empowered to sell the real property belonging to the Trust; and whereas, Ethel R. Sechler and H. Scott Couick are the duly appointed Executors under the Will of Warren Burris Rogers, Sr., as appears of record in the office of the Clerk of Superior Court for Union County under File No. 01 E 59, and the Executors are joining in this conveyance pursuant to the provisions of G.S. 28A-17-12; and THAT, the Grantor, acting as Trustees and Executors as aforesaid, for a good and valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, and under authority granted in said Will, has bargained and sold, and by these presents does grant, bargain, sell, and convey unto the Grantee in fee simple all that certain parcel of land lying and being in the Town of Waxhaw, Jackson Township, Union County, North Carolina, and more particularly described as follows: Lying and being in the Town of Waxhaw, Union County, North Carolina, on the East side of the Old Waxhaw-Monroe Road (SR 1111), and being bounded as follows: 1979 0291 , iK ! 979PG29I BEGINNING at an existing iron pipe in a gravel drive in the East edge of the right of way of the Old Waxhaw-Monroe Road, a common corner of Tract 1 of the deed recorded in Deed Book 1001, page 442, and Louis Rayford Privette and wife, Faye Manus Privette (now or formerly, Book 219, page 674), said Beginning point also being in the South edge of the Duke Power Company right of way (Book 240, page 724); and runs thence from said Beginning point with the East edge of the right of way of the Old Waxhaw-Monroe Road, N. 19-54-44 W. 218.41 feet to an existing concrete monument in the North edge of the Duke Power Company right of way; thence with the edge of the Duke Power Company right of way, S. 86-20-32 E. 644.52 feet to an existing iron rod, a rear corner of Lot 25 of Wysacky Park, as shown upon the map recorded in Map Book 7, page 46, Union County Registry; thence with the line of Wysacky Park as shown upon the maps recorded in Map Book 7, pages 46 and 47, seven (7) lines as follows: (1) N. 37- 52-34 E. 148.55 feet to a 1 inch iron pipe, corner of Lots 25 and 26, (2) N. 37-52-34 E. 285.10 feet to an existing iron rod in the rear line of Lot 27, (3) N. 37-32-22 E. 827.15 feet to a 1 inch iron pipe, corner of Lots 32 and 33, (4) N. 37-38-51 E. 149.83 feet to a 1 inch iron pipe, corner of Lots 33 and 34, (5) N. 37-38-51 E. 149.61 feet to a 1 inch iron pipe, corner of Lots 34 and 35, (6) N. 37-38-51 E. 189.09 feet to an existing iron rod, corner of Lot 35, and (7) N. 04-31-06 W. 139.98 feet to an existing iron rod in the line of Lot 35; thence S. 67-46-15 E. (passing a 3/4ths inch iron pipe in the top of the bank of Blythe Creek at 615.51 feet) 625.50 feet to a point in the center of said Creek; thence with the center of said Creek, the line of John R. and Claudia Yarbrough (Book 65, page 276, now or formerly) six (6) lines as follows: (1) S. 17-24-10 W. 405.22 feet, (2) S. 01-27-01 W. 189.55 feet, (3) S. 55-20-56 W. 52.08 feet, (4) S. 21-06-08 E. 197.68 feet, (5) S. 14-58-18 E. 141.06 feet, and (6) S. 02-43-55 W. 152.34 feet to a 1 inch iron pipe, corner of Yarbrough and Jack H. Linker and wife, Bettie H. Linker (Book 265, page 205, now or formerly); thence with the line of Linker, N. 89-16-17 W. 127.86 feet to a new iron rod; thence with another line of Linker, S. 38-09-11 W. 501.75 feet to a 1 inch iron pipe in the line of Kathy Grimes Wagoner (now or formerly, File 91 E 343), said point being S. 38-09-11 W. 13.27 feet from an existing iron rod; thence with the line of said Wagoner, S. 38-10-47 W. 187.57 feet to an existing iron rod, and S. 38-21-25 W. 168.15 feet to an existing iron rod, corner of Wagoner and Michael Gordan Temple (now or formerly, Book 975, page 490); thence with the line of Temple, S. 38-01-31 W. (passing an existing iron rod on line at 283.01 feet) 510.16 feet to an existing iron rod in the line of Harvey A. Rutledge and wife, now or formerly, (Book 328, page 674), corner of Curtis E. Tolleson and wife (Book 1794, page 368, as shown on the map recorded in Plat Cabinet G, File 895); thence with the line of said Tolleson, two (2) lines as follows: (1) N. 52-15-15 W. 31.38 feet to an existing iron rod, and (2) S. 45-14-07 W. (passing an existing iron rod on line at 443.95 feet)638.06 feet to an existing iron rod in the North edge of a 30 foot private drive easement in the line of Ryan P. Dion and wife (now or formerly, Book 903, page 622); thence with the line of Dion, two (2) lines as follows: (1) N. 12-13-30 W. 158.67 feet to a 1 inch iron pipe, and (2) S. 77-56-34 W. 111.28 feet to an existing iron rod, corner of Dion and Charles A. Robinson and wife (now or formerly, Book 1275, page 17); thence with the line of said Robinson and others, N. 18-01-24 W. 836.60 feet to a 1 inch iron pipe, corner of Gary D. Newman and wife (now or formerly, Book 1290, page 865), and Louis Rayford Privette and wife; thence with the line of Privette, two (2) lines as follows: (1) N. 37-46-55 E. 222.68 feet to an existing iron rod in the South edge of the Duke Power Company right of way, and (2) N. 86-21-37 W. 422.35 feet to the BEGINNING, containing 59.69 acres as shown upon a map of a Boundary Survey showing The Property of Warren Burris Rogers, Sr., For the Benefit of Joe Rogers, by Whitehurst Land Surveying, P.C. dated October 9, 2002 and revised October 28, 2002 and November 13, 2002. TOGETHER WITH such interest as the Grantor may have to the 30 foot wide private driveway easement as shown upon the map recorded in Map Cabinet G, File 895, Union County Registry. The following warranties are made on behalf of the Estate and the Trust by the Executors and Trustees in their representative capacity only, and the Executors and Trustees are not personally liable on the following warranties. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee in fee simple. 1979 0292 B}} 1 979 Pi; 292 The Grantor does hereby covenant that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. The title to the property hereinabove described is subject to the following exceptions: 1. Duke Power Company right of way recorded in Deed Book 240, page 724. 2. All valid and existing rights of way, easements, and restrictions without reimposing the same. IN TESTIMONY WHEREOF, each Grantor, as Trustees and Executors aforesaid, has hereunto set his hand as of the day and year first above written (SEAL) Ethel R. Sechler Trustee and Executor (SEAL) H. Scott Couick Trustee and Executor 1979 0293 . . 91( 1919¢1293 *************** NORTH CAROLINA, y.. COUNTY I, a Notary Public in and for said County and State, do hereby certify that ETHEL R. SECHLER, as Trustee of the Warren B. Rogers, Sr. Trust dated August 27, 1992 and as Executor under the Will of Warren Burris Rogers, Sr., personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and Notarial Seal, this 161 day of November 2002. 0V,:eicii Notary Public .„,..„.„,. My Commission Expires:le ^^�, ::,.„4.: iko GR,E .,;i: ,?�� �,.•'►"` G:. Jdisr1 le— . ' ' - ,, ,: s ************** ijfle. s » NORTH CAROLINA, 'COUNTY 4.,i�fi'r +iop�lP!o Rh'3Y'�` I, a Notary Public in and for said County and State, do hereby certify that H. SCOTT COUICK, as Trustee of the Warren B. Rogers, Sr. Trust dated August 27, 1992 and as Executor under the Will of Warren Burris Rogers, Sr., personally appeared before me this day and acknoyedged the execution of the foregoing instrument. WITNESS my hand and Notarial Seal, this let day of November 2002. gthei, Notary Public .y,/_,�W °' • ''see, My Commission Expires: �. �`% y'- Obru.&r IS 07 4 .tea *********** l� .44,7 ' NORTH CAROLINA „.,,,,r....,•,,,.' UNION COUNTY The foregoing certificate/) of LIcL 12. G. r1e.e..f)e , a Notary Public is (a e) certified to be correct. This instrument and this certificate are duly registered at the time and d to and in the Book and Page shown on the first page hereof. JUDYII PRICE Register of Deeds, Union County, N. C. by: jiste 1 O. CLOCCO Deputy/Msistat*Register of Deeds H:ICLIENT\ROGER_WB\Rogers-Joe Warr Deed.doc 1979 294 9K 1 979PG294 EXHIBIT "A" Lying and being in the Town of Waxhaw, Union County, North Carolina, on the East side of the Old Waxhaw-Monroe Road (SR 1111), and being bounded as follows: BEGINNING at an existing iron pipe in a gravel drive in the East edge of the right of way of the Old Waxhaw-Monroe Road, a common corner of Tract I of the deed recorded in Deed Book 1001, page 442, and Louis Ray ford Privette and wife, Faye Manus Privette (now or formerly, Book 219, page 674), said Beginning point also being in the South edge of the Duke Power Company right of way (Book 240, page 724); and runs thence from said Beginning point with the East edge of the right of way of the Old Waxhaw-Monroe Road, N. 19-54-44 W. 218.41 feet to an existing concrete monument in the North edge of the Duke Power Company right of way; thence with the edge of the Duke Power Company right of way, S. 86- 20-32 E. 644.52 feet to an existing iron rod, a rear corner of Lot 25 of Wysacky Park, as shown upon the map recorded in Map Book 7, page 46, Union County Registry; thence with the line of Wysacky Park as shown upon the maps recorded in Map Book 7, pages 46 and 47, seven (7) lines as follows: (1) N. 37-52-34 E. 148.55 feet to a 1 inch iron pipe, corner of Lots 25 and 26, (2) N. 37-52-34 E. 285.10 feet to an existing iron rod in the rear line of Lot 27, (3) N. 37-32-22 E. 827.15 feet to a 1 inch iron pipe, corner of Lots 32 and 33, (4) N. 37-38-51 E. 149.83 feet to a 1 inch iron pipe, corner of Lots 33 and 34, (5) N. 37-38-51 E. 149.61 feet to a 1 inch iron pipe, corner of Lots 34 and 35, (6) N. 37-38-51 E. 189.09 feet to an existing iron rod, corner of Lot 35, and (7) N. 04-31-06 W. 139.98 feet to an existing iron rod in the line of Lot 35; thence S. 67-46-15 E. (passing a 3/4ths inch iron pipe in the top of the bank of Blythe Creek at 615.51 feet) 625.50 feet to a point in the center of said Creek; thence with the center of said Creek, the line of John R. and Claudia Yarbrough (Book 65, page 276, now or formerly) six (6) lines as follows: (1) S. 17-24-10 W. 405.22 feet, (2) S. 01-27-01 W. 189.55 feet, (3) S. 55-20-56 W. 52.08 feet, (4) S. 21-06-08 E. 197.68 feet, (5) S. 14-58-18 E. 141.06 feet, and (6) S. 02-43-55 W. 152.34 feet to a 1 inch iron pipe, corner of Yarbrough and Jack H. Linker and wife, Bettie H. Linker (Book 265, page 205, now or formerly); thence with the line of Linker, N. 89-16-17 W. 127.86 feet to a new iron rod; thence with another line of Linker, S. 38-09-i 1 W. 501.75 feet to a 1 inch iron pipe in the line of Kathy Grimes Wagoner (now or formerly, File 91 E 343), said point being S. 38-09-11 W. 13.27 feet from an existing iron rod; thence with the line of said Wagoner, S. 38-10-47 W. 187.57 feet to an existing iron rod, and S. 38-21-25 W. 168.15 feet to an existing iron rod, corner of Wagoner and Michael Gordan Temple (now or formerly, Book 975, page 490); thence with the line of Temple, S. 38-01-31 W. (passing an existing iron rod on line at 283.01 feet) 510.16 feet to an existing iron rod in the line of Harvey A. Rutledge and wife, now or formerly, (Book 328, page 674), corner of Curtis E. Tolleson and wife (Book 1794, page 368, as shown on the map recorded in Plat Cabinet G, File 895); thence with the line of said Tolleson, two (2) lines as follows: (1) N. 52-15-15 W. 31.38 feet to an existing iron rod, and (2) S. 45-14-07 W. (passing an existing iron rod on line at 443.95 feet) 638.06 feet to an existing iron rod in the North edge of a 30 foot private drive easement in the line of Ryan P. Dion and wife (now or formerly, Book 903, page 622); thence with the line of Dion, two (2) lines as follows: (1) N. 12-13-30 W. 158.67 feet to a 1 inch iron pipe, and (2) S. 77-56-34 W. 111.28 feet to an existing iron rod, corner of Dion and Charles A. Robinson and wife (now or formerly, Book 1275, page 17); thence with the line of said Robinson and others, N. 18-01-24 W. 836.60 feet to a 1 inch iron pipe, corner of Gary D. Newman and wife (now or formerly, Book 1290, page 865), and Louis Rayford Privette and wife; thence with the line of Privette, two (2) lines as follows: (1) N. 37-46-55 E. 222.68 feet to an existing iron rod in the South edge of the Duke Power Company right of way, and (2) N. 86-21-37 W. 422.35 feet to the BEGINNING, containing 59.69 acres as shown upon a map of a Boundary Survey showing The Property of Warren Burris Rogers, Sr., For the Benefit of Joe Rogers, by Whitehurst Land Surveying, P.C. dated October 9, 2002 and revised October 28, 2002 and November 13, 2002. TOGETHER WITH such interest as the Grantor may have to the 30 foot wide private driveway easement as shown upon the map recorded in Map Cabinet G, File 895, Union County Registry. 3414 0587 BR 3 4 14PG587 a7D UNION` COUNTY NC 04/21/2004 rued l 8000 $360.00 Date 4.al:oZ4 STATE etru Time a.AOL MA Real Estate JUDY G. PRICE, Re 0e' fork �• . S Excise Tax Monroe, Deeds Urill Canty, Ct* Excise Tax $360.00 I Recording Time,Book and Page Tax Lot No.05-087-010 Parcel Identifier No. Verified by County on the day of _ ,20_ by Mail after recording to J.Bennett Glass,P.A.,P.O.Box 1049,Monroe,NC 28111-1049 This instrument was prepared by J.Bennett Glass,P.A.,Attorney at Law Brief Description for the index 8624 Old Waxhaw-Monroe Road NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made April 21,2004,by and between GRANTOR GRANTEE Faye Manus Privette,widow Joseph Daniel Rogers,unmarried 5520 Rehobeth Road Waxhaw,NC 28173 Enter in appropriate block for each party: name,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 or parcel of land situated in the Town of Waxhaw,Jackson Township,Union County,North Carolina and more particularly described as follows: BEGINNING at an old iron in the eastern margin of Providence Road, the southernmost corner of that certain 168.2 acre tract of land described in deed recorded in Book 152, page 283 in the office of the Register of Deeds of Union County, N.C., and runs thence with the easterly margin of Providence Road two courses and distances as follows: (1) N. 13-30-00 W. 81.0 feet to an old iron, and (2) N. 19-27-00 W. 342.66 feet to an iron at the point of intersection of the easterly margin of Providence Road with the southerly margin of the Duke Power Company right-of-way; thence with the southerly margin of the Duke Power Company right-of-way S. 86-21-20 E. 423.0 feet to an iron in the westerly line of the property of W. Rogers; thence with Rogers' line S. 37-38-00 W. 473.51 feet to the point of BEGINNING; containing 1.873 acres, and being shown on survey of John R. Yarbrough, R. S., dated September 4, 1968. N. C. Bar Assoc.Form No.3 © 1977 Printed by Agreement with the N.C.Bar Assoc.#003 3414 0588 34f4 Pr,588 The property hereinabove described was acquired by Grantor by instrument recorded in Book 219,Page 674. 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 is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Restrictions in deed recorded in Book 219, Page 674, Union County Registry; right of way of Old Waxhaw- Monroe Road and any easements and rights of way for public utilities which cross the property. IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal,or if corporate,has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,the day and year first above written. (Corporate Name) 4-€ //l P4,4-4A-g-74EAL) Faye Manus Privette,widow By: (SEAL) President ATTEST: (SEAL) Secretary(Corporate Seal) (SEAL) 0S lN q .4^ RT gg G � NORTH CAROLINA,Union County. I, the undersigned, a Notary Public of the County and State aforesaid, certify that Faye Manus � � � Privette,widow, Grantor, personally appeared before me this day and acknowledged the execution oa`° li of the foregoing instrument.Witness my hand and officia stamp or seal,this April 21,2004. A' aoexao `��„ sw My commission expires:May 8,2006 Notary Public NORTH CAROLINA,Union County. I, the undersigned, a Notary Public of the County and State aforesaid, certify that personally came SEAL-STAMP before me this day and acknowledged that he/she is Secretary of , a North Carolina corporation,and that by authority duly given and as the act of the corporation,the foregoing instrument was signed in its name by its President,sealed with its corporate seal and attested by him/her as its Secretary.Witness my hand and official stamp or seal,this / / . My commission expires:_/ / Notary Public The foregoing Certificate df of Leslie G.Helms,N.P.of Union County.North Carolina is/ certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. JUDY G.PRICE ff'l1� ��,,.. REGISTER OF DEEDS FOR UNION COUNTY By Deputy/Asr�t-Register of Deeds. N. C. Bar Assoc.Form No.3 C 1977 Printed by Agreement with the N.C.Bar Assoc.#003