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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.