Loading...
HomeMy WebLinkAboutNCC240511_FRO Submitted_20240222 HENOE ? FINANCIAL RESPONSIBILITY/OWNERSHIP FORM HEWERS ccuNrr SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by Henderson County Site Development Department. (Please type or print and, if the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.) Sign the original form in BLUE INK. Part A. 1. Project Name New Sheetz Store - Boone, NC 2. Location of land-disturbing activity: County Watauga City Town of Boone Highway/Street 675 E King St Latitude 36.217949 N Longitude 81 .664341 W Property Identification Numbers) PIN's 2910480637000, 2910481866 3. Approximate date land-disturbing activity will commence:03/01/2024 4. Purpose of development(residential, commercial, industrial, institutional, etc.): Commercial 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 1 '66 6. Amount of fee enclosed: $800.00 . The application fee of $300.00 per acre (rounded up to the next acre) is assessed without a ceiling amount include a $200.00 plan review fee to land disturbance fees. (Example: 8.10 ac=$2,900.00). 7. Has an erosion and sediment control plan been filed? Yes No Enclosed X 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name Tom Anastasi, PE E-mail Address tanastas@sheetz.com Telephone 919-437-9859 9. Landowner(s)of Record (attach accompanied page to list additional owners): SKY COUNTRY LLC Name Telephone 348 BARE RIDGE ROAD 348 BARE RIDGE ROAD Current Mailing Address Current Street Address WEST JEFFERSON NC 28694 WEST JEFFERSON NC 28694 City State Zip City State Zip 10. Deed Book No. 1498 Page No.237 Provide a copy of the most current deed. Part B. 1. Company(ies) or firm(s) who are financially responsible for the land-disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet.) If the company or firm is a sole proprietorship, the name of the owner or manager may be listed as the financially responsible party. Sheetz, Inc. tanastas©sheetz.com Name E-mail Address 5700 Sixth Avenue 5700 Sixth Avenue Current Mailing Address Current Street Address Altoona PA 16602 Altoona PA 16602 City State Zip City State Zip Telephone 919-437-9859 Fax Number 2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: Corporation Service Company Name E-mail Address 2626 Glenwood Avenue, Suite 550 Current Mailing Address Current Street Address Raleigh NC 2780E City State Zip City State Zip Telephone (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Telephone The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there be any change in the information provided herein. Brian Dinges Assistant VP of Real Estate Type or prin ame Title or Authority Signature Date , a Notary Public of the County of /_)1“!l State of C l r s.f/VtZ 7/« , hereby certify that 004,-7 I / appeared personally before me this day and being duly sworn acknoedged that the above form was executed by him. Witness my hand and notarial seal, this l % 'f, day of , 1m,'au-ri , 20 2 -{ Commonwealth of Pennsylvania-Notary Seal //<1, /Kayley Ritchey,Notary Public Nota Blair County '�C mmisslon expires November 9,2027 /CY/77 Commission number 1436119 My commission expires Member,Pennsylvania Association of Notaries 9. Landowner(s) of Record (attach accompanied page to list additional owners): SKY COUNTRY LLC Name Telephone 348 BARE RIDGE ROAD 348 BARE RIDGE ROAD Current Mailing Address Current Street Address WEST JEFFERSON NC 28694 WEST JEFFERSON NC 28694 City State Zip City State Zip 10. Deed Book No. 1498 Page No. 237 Provide a copy of the most current deed. BK 2369 PG 246 - 251 (6) DOC# 737923 This Document eRecorded: 01/22/2024 08:34:27 AM Fee: $26.00 Tax: $1 ,528.00 Watauga County, North Carolina Amy J. Shook, REGISTER OF DEEDS SPECIAL WARRANTY DEED Excise Tax: $ 1,528.00 Brief Description for the index: 0.597 acres, Town of Boone,New River Township NC PIN#2910 48 0637 000 Prepared by: Richard E. Mattar,Attorney at Law, PO Box 447, Blowing Rock, NC 28605 Return to: [Sky CountrylE:\Documents\Sky Country LLC and Hodges& Shoemaker\Arista\DEED from Hodges et al.wpd January 14, 2014] THIS DEED made this the 1 R day of January , 2024, by and between JOHN WAISTEL HODGES, III, and SARA GENTRY HODGES, a married couple, JANE HODGES SHOEMAKER, single, and LEIGH SHOEMAKER MELTON, single 121 Cherry Hill Drive, Jefferson,NC 28640 (hereinafter known as "Grantor') and PTM, L.P. a Delaware limited partnership authorized to do business in North Carolina 5700 Sixth Avenue, Altoona, PA 16602 (hereinafter known as "Grantee') As referred to herein,the terms "Grantor" and "Grantee" shall be masculine singular, but shall include the above parties,their heirs,personal representatives, successors and assigns, and each term shall include the singular, plural, masculine, feminine or neuter, and any combination thereof, as required by the context. WITNESSETH: that Grantor, for a valuable consideration paid by Grantee, the receipt, adequacy and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,bargain,sell and convey unto Grantee,in fee simple,all that certain lot or parcel of land situated in Town of Boone,New River Township, Watauga County,North Carolina,described as follows: BEING all of that 0.597 acres tract or parcel of land as is more particularly described on the attachment hereto,which is marked EXHIBIT A and is incorporated herein by this reference. submitted electronically by "Beaman & Bennington, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Watauga County Register of Deeds. 1 BK 2369 PG 246 - 251 (6) DOC# 737923 Not a Grantor's Primary Residence:All or a portion of the property herein conveyed does not include the primary residence of a Grantor pursuant to N.C.G.S. §105-317.2. The property hereinabove described is a portion of that acquired by Grantor by instruments recorded Book of Records 2036 at Pages 793-795, Book of Records 1749 at Pages 439-441, and Book of Records 65 at Pages 171-172, Watauga County,North Carolina, Public Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple, subject, however, to any exceptions stated herein. And Grantor covenants with 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 property taxes for the current year and subsequent years. 2. Rights-of-way, easements, covenants, restrictions and utility easements of record. 3. Any local, county, state or federal laws, ordinances, rules or regulations relating to zoning, environment, subdivision, occupancy, use, construction or development of the herein-described property, any improvements thereon or privileges and appurtenances thereto, including existing violations of said laws, ordinances, rules or regulations; and 4. Any conditions, restrictions, easements, rights-of-way or other matters stated in or shown on the description of the herein-described property. 5. Notwithstanding the foregoing, Grantor warrants and covenants that there are no recorded or unrecorded rights of first refusal affecting the Subject Property. IN WITNESS WHEREOF,the undersigned have hereunto set their hands,as of the day,month and year first above written. '-:-:..- -6/94) • Way W iif ) JOHN WAISTEL HODGES,III y 44 ej---41L .'''eV -e;-l'e )1)*-- ) Cb 'Ci`4 VI /116 SARA GENTRY HODGES b nd throw her attorney in fact/agent John . Hodges, III JAN HODGES OEMAKER r IG EMAKER MEL BK 2369 PG 246 - 251 (6) DOC# 737923 ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF ASHE I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or she signed the foregoing document for the purpose and in the capacity stated therein: JOHN WAISTEL HODGES,III. Date: January 1 R ,2024 uL b. ff {C"lfd ,%tafdmmpp 01.S11f1 here/ Lianne D. Mattar /qd �t��;_) NataryPublic WW tEl ¢'U Watauga County, NC LIANNE D.MATTAR,Notary Public My commission expires: August 30,2026 ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF ASHE I,LIANNE D.MATTAR,do hereby certify that JOHN W.HODGES,III(the"Agent"),attorney in fact, for SARA G. HODGES (the "Principal"),personally appeared before me this day, and being by me duly sworn,says that the Agent executed the foregoing and annexed instrument for and on behalf of the Principal, and that the Agent's authority to execute and acknowledge the instrument is contained in that certain duly executed,acknowledged,and recorded Durable Power of Attorney,dated August 7,2018,and recorded July 11, 2019, in Book 502, at Pages 694-713, Ashe County,North Carolina, Public Registry (the "Power of Attorney")and that this instrument was executed under and by virtue of the authority given by the instrument granting the Agent power of attorney;that the Agent acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the Principal. WITNESS my hand and official seal,this the 18 day of January, 2024. 6. Lianne D. Nlattar A�� Notary Public LIANNE D. MATTAR,Notary Public Watauga County, NC My commission expires: August 30,2026 BK 2369 PG 246 - 251 (6) DOC# 737923 ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF ASHE I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or she signed the foregoing document for the purpose and in the capacity stated therein: JANE HODGES SHOEMAKER, single. Date: January 18 ,2024 Wiciaf Atamp ;,d'.!tA!Iri here' f> n t Lianne D. Niattar Notary Public LIANNE D. MATTAR,Notary Public \Ai^tauga County, NC My commission expires: August 30,2026 STATE OF NORTH CAROLINA COUNTY OF ASHE I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or she signed the foregoing document for the purpose and in the capacity stated therein: LEIGH SHOEMAKER MELTON, single. Date: January 18 ,2024 Lianne D. Matta te1,4044V Notary Public Watauga County, NC LIANNE D.MATTAR,Notary Public My commission expires: August 30,2026 BK 2369 PG 246 - 251 (6) DOC# 737923 EXHIBIT A - PAGE ONE OF TWO AS SURVEYED DESCRIPTION -TRACT 2 THAT CERTAIN TRACT OR PARCEL OF LAND KNOWN AS TAX PARCEL ID: 2910 48 0637 000 LYING ON THE NORTHEAST SIDE OF THE INTERSECTION OF EAST KING STREET, ALSO KNOWN AS US HIGHWAY 221-421 AND CHESTNUT DRIVE, IN THE TOWN OF BOONE, WATAUGA COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A MAG NAIL SET ON THE NORTHERN RIGHT-OF-WAY LINE OF EAST KING STREET ALSO KNOWN AS U.S. HIGHWAY 221-421 AT THE INTERSECTION WITH THE EASTERN RIGHT OF WAY OF CHESTNUT DRIVE; THENCE LEAVING SAID EAST KING STREET AND PROCEEDING WITH THE RIGHT-OF-WAY OF CHESTNUT DRIVE N 68° 46' 11" W 28.06' TO A DISC MONUMENT FOUND; THENCE CONTINUING ALONG THE EASTERN RIGHT-OF-WAY OF CHESTNUT DRIVE N 17°40' 03" W 158.29' TO A MAG NAIL FOUND AT THE CORNER OF THE PROPERTY OF SKY COUNTRY LLC, LABELED AS TRACT 1 PER PB 29 PG 28; THENCE LEAVING SAID RIGHT-OF-WAY OF CHESTNUT DRIVE AND PROCEEDING ALONG THE LINE OF SAID SKY COUNTRY LLC PROPERTY N 71°46' 54" E 151.06' TO A MAG NAIL FOUND IN ASPHALT; THENCE CONTINUING WITH THE SAME, S 16° 54' 12"' E 171.46' TO A REBAR FOUND AT THE INTERSECTION OF THE NORTHERN RIGHT-OF-WAY OF NEW MARKET BOULEVARD AND THE SAID EAST KING STREET; THENCE LEAVING THE RIGHT-OF-WAY OF NEW MARKET BOULEVARD AND PROCEEDING WITH THE RIGHT-OF-WAY OF THE SAID EAST KING STREET S 31°48' 49" W 2.87' TO A REBAR SET; THENCE CONTINUING WITH THE SAID RIGHT-OF-WAY OF EAST KING STREET ALONG A CURVE TO THE LEFT,HAVING A DELTA ANGLE OF 0°39' 45",A RADIUS OF 10035.00',AN ARC LENGTH OF 116.02',A CHORD BEARING OF S 70°29' 42"W AND A CHORD DISTANCE OF 116.02'TO A MAG NAIL SET,AND CONTINUING WITH THE SAME S 70° 09' 54" W 8.79' TO THE POINT AND PLACE OF BEGINNING AND CONTAINING 0.597 ACRES. This conveyance is made and accepted subject to the following,and with the benefits thereof, if any, all of which are incorporated herein by their reference: 1. Taxes for the year 2024, and subsequent years not yet due and payable. 2. Building restriction lines, easements and any other facts shown on plat(s) recorded in Map Book 1, Page 98; and Map Book 29, Page 28, Watauga County, North Carolina, Public Registry. 3. Right(s)-of-way to North Carolina Department of Transportation recorded in Book 1390, Page 465, Watauga County, North Carolina, Public Registry. 4. Memorandum of Lease and Right of First Refusal recorded in Book 1477, Page 859, Watauga County, North Carolina, Public Registry; and Memorandum of Agreement re termination lease and rights of first refusal and rights to extend lease. 5. Town of Boone Order Granting Special Use Permit recorded in Book 2325, at Pages 329 - 333, Watauga County,North Carolina, Public Registry. BK 2369 PG 246 - 251 (6) DOC# 737923 EXHIBIT A - PAGE TWO OF TWO 6. Permanent Utility Easement per Book of Records 2036 at Page 793, as shown on plat recorded in Plat Book 29, Page 28, Watauga County, North Carolina, Public Registry. 7. Overhead Power Lines and power pole shown on plat recorded in Plat Book 29, Page 28, Watauga County, North Carolina, Public Registry. BK 2369 PG 252 - 257 (6) DOC# 737924 This Document eRecorded: 01/22/2024 08:34:28 AM Fee: $26.00 Tax: $2,655.00 Watauga County, North Carolina Amy J. Shook, REGISTER OF DEEDS SPECIAL WARRANTY DEED Excise Tax: $ 2,655.00 Brief Description for the index: 1.062 acres, Town of Boone, New River Township NC PIN#2910-48-1866-000 Prepared by: Richard E. Mattar,Attorney at Law, PO Box 447, Blowing Rock,NC 28605 Return to: [Sky CountrylE:ADocuments\Sky Country LLC and Hodges&Shoemaker\Arista\DEED from Sky Country LLC.wpolJanuary 14,2014] THIS DEED made this the l ay of lati ,/{) , 2024, by and between SKY COUNTRY LLC a North Carolina limited liability company 348 Bare Ridge Road, West Jefferson, NC 28694 (hereinafter known as "Grantor') and PTM, L.P. a Delaware limited partnership authorized to do business in North Carolina 5700 Sixth Avenue, Altoona, PA 16602 (hereinafter known as "Grantee') As referred to herein,the terms "Grantor" and "Grantee" shall be masculine singular,but shall include the above parties,their heirs,personal representatives, successors and assigns,and each term shall include the singular, plural, masculine, feminine or neuter, and any combination thereof, as required by the context. WITNESSETH: that Grantor, for a valuable consideration paid by Grantee, the receipt, adequacy and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,bargain,sell and convey unto Grantee,in fee simple,all that certain lot or parcel of land situated in Town of Boone,New River Township,Watauga County,North Carolina,described as follows: BEING all of that 1.062 acres tract or parcel of land as is more particularly described on the attachment hereto, which is marked EXHIBIT A and is incorporated herein by this reference. submitted electronically by "Beaman & Bennington, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Watauga County Register of Deeds. BK 2369 PG 252 - 257 (6) DOC# 737924 Not a Grantor's Primary Residence:All or a portion of the property herein conveyed does not include the primary residence of a Grantor pursuant to N.C.G.S. §105-317.2. The property hereinabove described is a portion of that acquired by Grantor by instruments recorded Book of Records 1498, at Pages 233 and 237, Watauga County,North Carolina, Public Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple, subject, however,to any exceptions stated herein. And Grantor covenants with 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 property taxes for the current year and subsequent years. 2. Rights-of-way, easements, covenants, restrictions and utility easements of record. 3. Any local, county, state or federal laws, ordinances, rules or regulations relating to zoning, environment, subdivision, occupancy, use, construction or development of the herein-described property, any improvements thereon or privileges and appurtenances thereto, including existing violations of said laws, ordinances, rules or regulations; and 4. Any conditions, restrictions, easements, rights-of-way or other matters stated in or shown on the description of the herein-described property. 5. Notwithstanding the foregoing, Grantor warrants and covenants that there are no recorded or unrecorded rights of first refusal affecting the Subject Property. IN WITNESS WHEREOF, the undersigned Managing Member has hereunto set her hand and seal on behalf of Grantor, a limited liability company, and as the act and deed of any such entity, as of the day, month and year first above written. SKY COUNTRY LLC, a North Carolina limited liability company by: 4 o i 0 AC.A4 .ur 1 DONNA C. BARE, g Mana in M�e ber[Continued on Acknowledgment and Exhibit A pages] BK 2369 PG 252 - 257 (6) DOC# 737924 ACKNOWLEDGMENT STATE OF North Carolina~' COUNTY OF Watauga I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or she signed the foregoing document for the purpose and in the capacity stated therein: DONNA C.BARE,Managing Member of SKY COUNTRY LLC,a North Carolina limited liability company. Dates January 18, , 2024 Lianne D. Matter 1ufrc qffichittillittriumnal herd • Vilataupa County, NC g(441.411)' 6 . Likgit44) Lianne D. Mattar , allotary Public Printed or typed name) My commission expires: August 30. 2026 ACKNOWLEDGMENT STATE OF COUNTY OF I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or she signed the foregoing document for the purpose and in the capacity stated therein: (name(s) of principal(s)). Date: ,20 t(I i\ i#/Jlt'6scr i itFell (t3 z t f hci { , a Notary Public Printed or typed name) My commission expires: immummummmimummommammommommumaimmommumommommommemom BK 2369 PG 252 - 257 (6) DOC# 737924 EXHIBIT A - PAGE ONE OF THREE AS SURVEYED DESCRIPTION -TRACT 1 THAT CERTAIN TRACT OR PARCEL OF LAND KNOWN AS TRACT ONE,PART OF PARCEL ID: 2910481866000, LYING ON THE EAST SIDE OF CHESTNUT DRIVE, IN THE TOWN OF BOONE, WATAUGA COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A MAG NAIL FOUND ON THE EASTERN RIGHT-OF-WAY LINE OF CHESTNUT DRIVE, A CORNER WITH JOHN WAISTEL HODGES III, SAID POINT LYING N 17° 40' 03" W 158.29'FROM A DISC MONUMENT FOUND AT THE INTERSECTION OF CHESTNUT DRIVE AND EAST KING STREET ALSO KNOWN AS U.S. HIGHWAY 221-421; THENCE PROCEEDING WITH THE RIGHT-OF-WAY OF CHESTNUT DRIVEN 18°00'20"W 89.21'TO A REBAR FOUND ON THE CENTERLINE OF NORMAN CHEEK AVENUE (A PROPOSED 50' RIGHT-OF-WAY, (EDGES OF THE RIGHT-OF-WAY BEING 25'OFFSETS FROM CENTERLINE);THENCE LEAVING THE RIGHT- OF-WAY OF CHESTNUT DRIVE AND CONTINUING ALONG THE CENTERLINE OF NORMAN CHEEK AVENUE N 70°51' 35"E 65.43' TO A MAG NAIL FOUND;THENCE ALONG A CURVE TO THE LEFT, HAVING A DELTA ANGLE OF 5° 00' 04", A RADIUS OF 1080.47', AN ARC LENGTH OF 94.31', A CHORD BEARING OF N 68° 21' 30" E AND A CHORD DISTANCE OF 94.28' TO A MAG NAIL FOUND; THENCE N 65°51' 30"E 104.91' TO A MAG NAIL FOUND;THENCE ALONG A CURVE TO THE RIGHT, HAVING A DELTA ANGLE OF 10° 55' 44",A RADIUS OF 425.66',AN ARC LENGTH OF 81.19',A CHORD BEARING OF N 71° 19' 20"E AND A CHORD DISTANCE OF 81.07' TO A REBAR FOUND; THENCE ALONG A CURVE TO THE LEFT, HAVING A DELTA ANGLE OF 22° 29' 05", A RADIUS OF 44.24', AN ARC LENGTH OF 17.36', A CHORD BEARING OF N 65° 32' 30"E AND A CHORD DISTANCE OF 17.25' TO A REBAR FOUND;THENCE ALONG A CURVE TO THE RIGHT, HAVING A DELTA ANGLE OF 49° 23' 30", A RADIUS OF 25.73', AN ARC LENGTH OF 22.18', A CHORD BEARING OF N 78° 59' 25' E AND A CHORD DISTANCE OF 21.50' TO A COMPUTED POINT; THENCE S 76° 19' 00"E 26.17' PASSING A REBAR FOUND AT 1.27'TO A REBAR FOUND ON THE WESTERN RIGHT-OF WAY OF NEW MARKET BOULEVARD; THENCE LEAVING THE CENTERLINE OF NORMAN CHEEK AVENUE AND PROCEEDING WITH THE RIGHT-OF-WAY OF NEW MARKET BOULEVARD ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 8° 26' 46", A RADIUS OF 202.00', AN ARC LENGTH OF 29.78', A CHORD BEARING OF S 19° 53' 14" W AND A CHORD DISTANCE OF 29.75' TO A COMPUTED POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 8° 32' 13",A RADIUS OF 202.00', AN ARC LENGTH OF 30.10', A CHORD BEARING OF S 28° 22' 45" W AND A CHORD DISTANCE OF 30.07' TO A COMPUTED POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 6° 11' 20", A RADIUS OF 202.00', AN ARC LENGTH OF 21.82', A CHORD BEARING OF S 35° 44' 34" W AND A CHORD DISTANCE OF 21.81' TO A COMPUTED POINT;THENCE S 3°'50' 16"W 103.18' TO A COMPUTED POINT;THENCE ALONG A CURVE TO LEFT, HAVING A DELTA ANGLE OF 5° 56' 31", A RADIUS OF 178.00', AN ARC LENGTH OF 18.46',A CHORD BEARING OF S 35°51' 57"W AND A CHORD DISTANCE OF 18.45' TO A COMPUTED POINT; THENCE ALONG A CURVE TO LEFT,HAVING A DELTA ANGLE OF 42°04' 35",A RADIUS OF 178.00',AN ARC LENGTH OF 130.72',A CHORD BEARING OF S 11°51' 24"W AND A CHORD DISTANCE OF 127.80' TO A MAG NAIL FOUND; THENCE S 31°48' 49"W 46.24'TO A REBAR FOUND,A CORNER WITH JOHN WAISTEL HODGES III;THENCE LEAVING THE RIGHT-OF-WAY OF NEW MARKET BOULEVARD AND WITH THE LINES OF JOHN BK 2369 PG 252 - 257 (6) DOC# 737924 EXHIBIT A - PAGE TWO OF THREE WAISTEL HODGES Ill N 16° 54' 12" W (CALL REVERSED) 171.46' TO A MAG NAIL FOUND; THENCE S 71°46' 54"W(CALL REVERSED) 151.06'TO THE POINT AND PLACE OF BEGINNING CONTAINING 1.062 ACRES. This conveyance is made and accepted subject to the following,and with the benefits thereof,if any, all of which are incorporated herein by their reference: 1. Permanent Utility Easement set forth in Consent Judgment filed the office of the Watauga County Clerk of Court in case 2008-CvS-636 and recorded in the office of the Watauga County Register of Deeds in Book of Records 1548,Page 366,Watauga County,North Carolina,Public Registry, and as shown on plat recorded in Plat Book 29, Page 28, Watauga County, North Carolina, Public Registry. 2. Permanent Drainage Easement set forth in Consent Judgment filed the office of the Watauga County Clerk of Court in case 2008-CvS-636 and recorded in the office of the Watauga County Register of Deeds in Book of Records 1548,Page 366, Watauga County,North Carolina,Public Registry, and as shown on plat recorded in Plat Book 29, Page 28, Watauga County, North Carolina, Public Registry. 3. Permanent Utility Easement as shown on plat recorded in Plat Book 29, Page 28, Watauga County, North Carolina, Public Registry. 4. Slope Easement as shown on plat recorded in Plat Book 29, Page 28, Watauga County, North Carolina, Public Registry. 5. Right-of-Way Agreement for sewer and/or water easements in favor of the Town of Boone recorded in Deed Book 100,Page 4, Watauga County,North Carolina,Public Registry, and shown as "20' Sewer Easement" on plat recorded in Plat Book 29,Page 28, Watauga County, North Carolina, Public Registry. 6. Sewer Line Easement in favor of the Town of Boone recorded in Book of Records 397, Page 73, Watauga County, North Carolina, Public Registry, and shown as "30' Sewer Easement" on plat recorded in Plat Book 29,Page 28, Watauga County,North Carolina, Public Registry. 7. Right-of-Way Agreement for pipelines in favor of Frontier Energy recorded in Book of Records 632, Page 780, Watauga County, North Carolina, Public Registry, and shown as "16' wide easement for gas line ..." on plat recorded in Plat Book 29, Page 28, Watauga County, North Carolina. Public Registry. 8. Proposed 50'R/W shown on plat recorded in Plat Book 29,Page 28,Watauga County, North Carolina, Public Registry. 9. Town of Boone Order Granting Special Use Permit recorded in Book of Records 2133, Page 641, Watauga County, North Carolina, Public Registry. 10. Termination of Easement recorded in Book of Records 2288, at Pages 156-159, Watauga County, North Carolina, Public Registry. 11. Mutual Access Easement with Temporary Construction Easement Agreement recorded in Book of Records 2288, at Pages 160-168, Watauga County, North Carolina, Public Registry. 12. Taxes for the year 2024, and subsequent years not yet due and payable. BK 2369 PG 252 - 257 (6) DOC# 737924 EXHIBIT A - PAGE THREE OF THREE 13. Building restriction lines, easements and any other facts shown on plat(s)recorded in Map or Plat Book 1, Page 98; and Map or Plat Book 29, Page 28, Watauga County Registry. 14. Town of Boone Order Granting Special Use Permit recorded in Book of Records 2325, at Pages 329-333, Watauga County,North Carolina, Public Registry. 15. Memorandum of Agreement Terminating Option to Purchase recorded in Book of Records 1731, Page 770, Watauga County, North Carolina, Public Registry. 16. Memorandum of Action recorded in Book of Records 1404, Page 641 and Consent Judgment recorded in Book of Records 1548, Page 366, Watauga County, North Carolina, Public Registry. 17. Memorandum of Action recorded in Book of Records 1404, Page 639 and Consent Judgment recorded in Book of Records 1548, Page 373, Watauga County, North Carolina, Public Registry. 18. Verdict Judgment recorded in Book of Records 40,Page 945,Watauga County,North Carolina, Public Registry. Watauga County Superior Court case no. 83 CvS 243, Department of Transportation, Plaintiff vs Toyota of Boone, Inc., Defendant. 19. Instrument of Combination recorded in Book 2282,Page 377,Watauga County,North Carolina, Public Registry. 20. Matters contained Deed recorded in Book of Records 2288, Page 152, Watauga County Registry.