HomeMy WebLinkAboutSW3240205_Property Deed_20240307 (4) BK 8304 PG 0765
FILED
UNION COUNTY, NC
CRYSTAL D. GILLIARD
REGISTER OF DEEDS
FILED Nov 05, 2021
AT 10:28 am
BOOK 08304
START PAGE 0765
END PAGE 0770
INSTRUMENT # 52938
EXCISE TAX $1,985.00
DM
Drawn By: William F. Burns, Jr., Attorney
Mail To Grantee: 1520 E. 4'h St., Charlotte, NC 28204
Union County Tax Parcel #07-033-003
Revenue Stamps: $1985.00
STATE OF NORTH CAROLINA
COMMISSIONERS' DEED
COUNTY OF UNION
THIS COMMISSIONERS' DEED is made this day of November, 2021 by
GRANTOR, Butch Austin and Andy Morrison, in their capacity as Commissioners as hereinafter
stated, and GRANTEE, Griffin/Stephens, LLC, a North Carolina Limited Liability Company.
WITNESSETH
WHEREAS in that Special Proceeding for Partition of Real Property in Union County,
North Carolina, Before the Clerk of Superior Court, entitled FRANCES JEAN STEPHENS
WREN, ANNE MORRISON STEPHENS SIMPSON, ROBERT LANE GRIFFIN, JR. and wife,
HARRIET HOLT GRIFFIN, PETITIONERS vs. DOROTHEA SHARON GRIFFIN JONES,
NANCY STEVENS GRIFFIN, and JOHN McCULLOUGH GRIFFIN, RESPONDENTS, File # 20
SP 140, an Order was entered on September 23, 2020, appointing Butch Austin, Andy Morrison
and Donnie Lawrence as Commissioners to make partition of the real property described below;
WHEREAS Commissioner Donnie Lawrence died after the three Commissioners had
met at the subject property and determined that it was incapable of being equitably divided in
kind;
WHEREAS a Consent Order of Partition Sale was entered by the Union County Clerk of
Superior Court on April 16, 2021, directing the remaining two Commissioners sell the property
as a whole by way of private judicial sale, subject to confirmation of the Court;
WHEREAS pursuant to the Consent Order of Partition Sale, the subject property was
listed with Commissioner Butch Austin's real estate firm for the term specified in the Consent
Order of Partition Sale, and during the listing period the Commissioners accepted a qualifying
offer to purchase the property made by the Grantee;
BK 8304 PG 0766
WHEREAS a Report of Sale was filed by the Commissioners with the Union County
Clerk of Court on July 29, 2021;
WHEREAS five successive upset bids were filed on August 9, 2021, August 23, 2021,
August 30, 2021, September 7, 2021, and September 15, 2021, with the upset bid filed on
September 15, 2021, in the amount of $992,250.00 being filed by Grantee herein, and there
being no additional upset bids filed on or before the deadline as prescribed by law which was
September 27, 2021;
WHEREAS, by Confirmation of Sale filed on October 4, 2021, the Union County Clerk of
Court found that the upset bid of September 15, 2021, in the amount of $992,250.00, filed by
the Grantee herein, was the last bid filed within the time permitted by statute and confirmed sale
of the subject property in accordance therewith, thereby directing the undersigned
Commissioners to execute and deliver unto Grantee a good and sufficient deed for said real
property described herein upon payment of the purchase price.
NOW, THEREFORE, in consideration of the premises and of the sum of Nine Hundred
Ninety-Two Thousand Two Hundred Fifty Dollars ($992,250.00), the receipt and sufficiency of
which are hereby acknowledged, the undersigned Commissioners have bargained and sold,
and by these presents do hereby bargain, sell and convey unto Griffin/Stephens, LLC, its
successors and assigns, all that parcel of land described in the attached Exhibit A.
TO HAVE AND TO HOLD the said parcel of land, together with all rights, privileges and
appurtenances thereto belonging thereto, to the said Griffin/Stephens, LLC, its successors and
assigns, in as full and ample manner as the Commissioners herein are authorized and
empowered to convey.
This conveyance is subject to valid and enforceable easements, conditions, restrictions
and rights of way of record and the riparian rights of others, if any, to the creek running through
the parcel; and, the lien of ad valorem real property taxes for 2021.
IN WITNESS WHEREOF, Commissioners Butch Austin and Andy Morrison have
hereunto set their hands and seals the day and year first above written.
f CJ 4—1 seal
Butch Austin, Commissioner
seal
Andy Morrison, Commissioner
(NOTARY ACKNOWLEDGEMENT TO FOLLOW)
BK 8304 PG 0767
WHEREAS a Report of Sale was filed by the Commissioners with the Union County
Clerk of Court on July 29, 2021;
WHEREAS five successive upset bids were filed on August 9, 2021, August 23, 2021,
August 30, 2021, September 7, 2021, and September 15, 2021, with the upset bid filed on
September 15, 2021, in the amount of $992,250.00 being filed by Grantee herein, and there
being no additional upset bids filed on or before the deadline as prescribed by law which was
September 27, 2021;
WHEREAS, by Confirmation of Sale filed on October 4, 2021, the Union County Clerk of
Court found that the upset bid of September 15, 2021, in the amount of $992,250.00, filed by
the Grantee herein, was the last bid filed within the time permitted by statute and confirmed sale
of the subject property in accordance therewith, thereby directing the undersigned
Commissioners to execute and deliver unto Grantee a good and sufficient deed for said real
property described herein upon payment of the purchase price.
NOW, THEREFORE, in consideration of the premises and of the sum of Nine Hundred
Ninety-Two Thousand Two Hundred Fifty Dollars ($992,250.00), the receipt and sufficiency of
which are hereby acknowledged, the undersigned Commissioners have bargained and sold,
and by these presents do hereby bargain, sell and convey unto Griffin/Stephens, LLC, its
successors and assigns, all that parcel of land described in the attached Exhibit A.
TO HAVE AND TO HOLD the said parcel of land, together with all rights, privileges and
appurtenances thereto belonging thereto, to the said Griffin/Stephens, LLC, its successors and
assigns, in as full and ample manner as the Commissioners herein are authorized and
empowered to convey.
This conveyance is subject to valid and enforceable easements, conditions, restrictions
and rights of way of record and the riparian rights of others, if any, to the creek running through
the parcel; and, the lien of ad valorem real property taxes for 2021.
IN WITNESS WHEREOF, Commissioners Butch Austin and Andy Morrison have
hereunto set their hands and seals the day and year first above written.
seal
Butch Austin, Commissioner
seal
And ' iorrison, Commissioner
,//
r"
(NOTARY ACKNOWLEDGEMENT TO FOLLOW)
BK 8304 PG 0768
STATE OF NORTH CAROLINA
COUNTY OF al e p.N,kl OI
I, (\A V Q. Pt. �'� , a Notary Public for County, State
of North Caroli , do hereby certify that Butch Austin, Commissioner appointed bylthe Union County
Clerk of Court in Partition Proceeding File # 20 SP 140 ("Signatory"), personally appeared before me
this day and acknowledged the due execution of the foregoing instrument for the purposes therein
expressed.
I certify that the Signatory personally appeared before me this day, and
(check one of the following)
(I have personal knowledge of the identity of the Signatory); or
(I have seen satisfactory evidence of the Signatory's identity, by a current state or federal
identification with the Signatory's photograph in the form of:
(check one of the following)
/` a driver's license or
in the form of ); or
(a credible witness has sworn to the identity of the Signatory).
Signatory acknowledged to me that he voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated.
Witness my hand and official stamp or seal this 3 day of Nordoww, 2021.
[NOTARIAL STAMP-SEAL] — A
1l
Notar ublic
Myra A.Holt Print Name: i Yly( . Ho i-f-NOTARY PUBLIC My Commission E pires: iVait CAA. 12, aoa.L4
Mecklenburg County,NC 1
My gofmi foil Expiftm Mw§ti 1 gm
BK 8304 PG 0769
STATE OF NORTH CAROLINA
COUNTY OF 1/171101/1
I • jJ24 ,, * ary Public for UI/I d V1 County, State
of North Carolina •o hereby certify that Andy Morrison, Commissioner appointed by the Union County
Clerk of Court in Partition Proceeding File # 20 SP 140 ("Signatory"), personally appeared before me
this day and acknowledged the due execution of the foregoing instrument for the purposes therein
expressed.
I certify that the Signatory personally appeared before me this day, and
(check one of the following)
(I have personal knowledge of the identity of the Signatory); or
_ (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal
identification with the Signatory's photograph in the form of:
(check one of the following)
a driver's license or
in the form of ); or
(a credible witness has sworn to the identity of the Signatory).
Signatory acknowledged to me that he voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated.
Witness my hand and official stamp or seal thist4 day of A/ , 2021.
[NOTARIMGgI.
se mar neZLUrbina
NOTARY PUBLIC Nota Public
Mecklenburg County, NCB 1�Q
My Commission Expires July 16,2024 rint Name:
_ My Commission Expires:
BK 8304 PG 0770
EXHIBIT A
LYING AND BEING in Goose Creek Township, Union County, North Carolina, and
described as follows: BEGINNING at point in the centerline of Lawyers Road, said point
being the northeastern corner of that 9.00 acre tract designated as Lot 2 on a Map of
Partition of the Maurice W. Biggers Estate Lands, recorded in Plat Book 5 at Page 47,
of the Union County Deed Registry, said point being the POINT AND PLACE OF
BEGINNING; thence, from said BEGINNING point and with the centerline Lawyers
Road the following five (5) courses and distances: (1) S 38-10-00 E, 100.00' to a point,
(2) S 37-00-00 E, 60' to a point, (3) S 36-00-00 E, 393.76' to a point, (4) with a curve to
the left having a radius of 1,040' a distance of 398.70' and having a cord bearing of S
46-58-57 E, a chord distance of 396.26', and (5) S 57-57-55 E, 195.00' to a point;
thence leaving the centerline of Lawyers Road S10-27-04 E, 11.95' to a point; thence
S-16-32-03 W, 29.62' to a point; thence with the boundary of lots of Country Woods II,
Phase II, as shown on plat filed in Plat Cabinet C, File 310, the following eight (8)
courses and distances: (1) S 16-32-03 W, 146.07' to a point, (2) S-16-22-57 W, 99.94'
to a point, (3) S-16-22-57 W, 99.92' to a point, (4) S 16-26-39 W, 100.15' to a point, (5)
S 16-19-39 W, 99.86' to a point, (6) S-16-27-31 W, 99.89' to a point, (7) S 16-15-12 W,
102.29' to a point, and (8) S 16-23-36-W, 102.02' to a point in the line of the property of
Southstone Homeowners Association, Inc., as described in Deed Book 7884, Page 722,
of the Union County Deed Registry; thence with the line of the aforesaid Southstone
Homeowners Association, Inc., property the following two (2) course and distances: (1)
N 77-24-51 W, 1,010.98' to a point, and (2) N 05-43-44-W, 582.45' to an iron stake
marking the southwestern corner of the 6.00 acre parcel shown as Lot 1 on the
aforesaid Biggers Estate map; thence with the aforesaid Lot 1 N 81-34-58 E, 95.14' to a
point marking the southeastern corner of the aforesaid Lot 1; thence N-81-30-26 E,
281.97' to a point to an iron stake marking the southwestern corner of the aforesaid lot
2; thence with the aforesaid Lot 2 N 09-16-38 E, 830' to the point and place of
BEGINNING, and containing 27.03 Acres, more or less, accordingly to a Boundary and
Physical Survey for Stephen and Robert dated August 9, 2021.