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HomeMy WebLinkAboutSWA000015_Ardmore Waxhaw - Recorded Special Warranty Deed_20171204Q•, UNION COUNTY, NC CRYSTAL CRUMP REGISTER OF DEEDS FILED Jun 30, 2017 AT 03:53 pm BOOK 06965 START PAGE 0144 END PAGE 0150 INSTRUMENT # 18735 EXCISE TAX $63000.00 SH Prepared by and return to: Excise Tax: $6,000.00 Jeremy S. Shrader, Esq. Carruthers & Roth, P.A. 235 N. Edgeworth St. Greensboro, NC 27401 as counsel to Grantee only) Parcel No. 05113020 STATE OF NORTH CAROLINA SPECIAL WARRANTY DEED UNION COUNTY THIS SPECIAL WARRANTY DEED (this "Deed") made as of the � day of RA( , 2017, by and between HISTORIC VENTURES, LLC, a North Carolina limited liability company, having a mailing address of 6221 McNeely Road, Waxhaw, NC 28172 (the "Grantor"), and ARDMORE WAXHAW, LLC, a North Carolina limited liability company, having a mailing address of 1400 W. Northwood Street, Greensboro, NC 27408 (the "Grantee"). The Property (as defined below) is not the personal residence of Grantor. WITNESSETH: That Grantor, for a valuable consideration, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all of Grantor's interest in that certain lot or parcel of land, lying and being in the Town of Waxhaw, Jackson Township, Union County, North Carolina and being more particularly described on Exhibit A attached hereto and made a part hereof (the "Pro e "). TO HAVE AND TO HOLD the Property and all privileges and appurt enances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend said title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Easements, restrictions, and rights of way of record, and the lien of ad valorem taxes for 2017 and subsequent years. For back reference see deed recorded in Book 5023, Page 513, Union County Registry. Grantor, also for a valuable consideration paid by or for the benefit of Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all of that certain real property lying and being in the Town of Waxhaw, Jackson Township, Union County, North Carolina described on Exhibit B attached hereto and incorporated herein by this reference (the "Additional Properly") and all privileges and appurtenances thereto, all to the extent the same is belonging to Grantor. With regard to the Additional Property, Grantor makes no warranty, either express or implied, as to title to the Additional Property. [Signature and notary acknowledgement on the following page] 2 IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed as of the day and year first above written. Historic - limited li I U" County, State of North Carolina res, LLC, a North Carolina er pointe I certify that the following persons) personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: Jacques J. Lapointe. 2017 eal) 3 l.IN11V J 1 I II ILVU IYUIIIV My Commission expires: a 6 010420 Exhibit A The Property BEING ALL OF New Parcel # 2 as shown in that certain Final Plat of Waxhaw Town Center, Phase 1, Map 1 Reversion 1, recorded in CAB N, File 675 in the Office of the Register of Deeds of Union County, North Carolina. 0 Exhibit B The Additional Property Tract 1 That certain tract of land situated in The Town of Waxhaw, Union County, North Carolina and being more particularly described as follows: COMMENCING at a found 1" rod, shown as the Point of Beginning on this plat; the southeasternmost corner of New Parcel #4, as shown on plat titled 'Final Plat of Waxhaw Town Center, Phase 1 Map 1 and recorded in Plat Cabinet M Page 944, and being near the intersection of the northern margin of Price Street (60' Public R/W) and the western margin of Church Street (40' Public R/W) said 1" rod having North Carolina Grid Coordinates of N:432,807.02 E:1,477,023.35 and being N44°39'24"W 4,3 89.97' (grid) from North Carolina Geodetic Monument'UNN 17, having North Carolina Grid Coordinates of N:429,684.29 E: 1,480,108.86, (Combined Factor=0.99986184);thence, N07°23'55"W 1.00'to a computed point, thence S82°54'12"W 17.43'to the intersection of the proposed right-of-way of both Church Street and Price Street to be dedicated and the TRUE POINT of BEGINNING; thence, along the right-of-way line of Price Street to be dedicated to the Town of Waxhaw, S 82°54' 12"W 395.05' to a computed point in the line of Historic Ventures, LLC, (DB 6380 PG 734); thence, leaving said dedicated right-of-way of Price Street and with the line of New Parcel #3 (Plat Cabinet M PG 944), the following two (2) courses; 1) N07048'15"W 599.04' to a set #4 rebar; 2) S82°57'59"W 98.83' to a found #4 rebar in the R/W of Broad Street (40' Public R/W � Plat Cabinet K PG 813); thence, with the R/W of Broad Street and Broad Street Extension (Plat Cabinet M PG 944), N07°40'29"W 279.25' to a computed point in the line of a possible gap, between Elizabeth R. Howie Family Limited Partnership (DB 4563 PG 107) and Historic Ventures, LLC (DB 5023 PG 498); thence, with the possible gap between the aforementioned deeds, N77°22'31 "E 111.88' to a computed point of intersection between a possible gap and overlap (Area of Confusion 1 and 2); thence, continuing with a possible gap from the aforementioned possible overlap, the following two (2) courses; 1) N78°08'50"E 59.39' to a found 3/4" pipe; 2) N59° 16'33 "E 164.12' to a found #4 rebar; thence, with the possible overlap of Historic Ventures, LLC (DB 5023 PG 498) and Burtis Property Management, LLC (DB 1948 PG 560) shown as Area of Confusion 3, N58057'41 "E 176.77to a point in the right-of-way line of Church Street to be dedicated to the Town of Waxhaw; thence, with the area to be dedicated, the following six (6) courses; 1) S09°28'55 "E 440.68' to a computed point; 2) S08°37'54"E 256.04 to a computed point; 3) S07042'34"E 96.15'to a computed point; 4) S07°42'19"E 99.97to a computed point; 5) SO4°24'08"E 66.21' to a computed points 6) S05°06'38"E 73.10' to the Point of Beginning, containing 9.321 total acres and being shown on that certain ALTA/NSPS Survey, Parcel # 4, Waxhaw Town Center, Phase I, Map 1 prepared by Roy P. Fowler, PLS, dated June 30, 2017, Project Number 6870. Tract 2 That certain tract of land situated in The Town of Waxhaw, Union County, North Carolina and being more particularly described as follows: COMMENCING at a found 1" rod, shown as the Point of Beginning on this plat; the southeasternmost corner of New Parcel #4, as shown on plat titled 'Final Plat of Waxhaw Town Center, Phase 1 Map 1 and recorded in Plat Cabinet M Page 944, and being near the intersection of the northern margin of Price Street (60' Public R/W) and the western margin of Church Street (40' Public R/W) said 1" rod having North Carolina Grid Coordinates of N:432,807.02 E:1,477,023.35 and being N44°39'24"W 4,3 89.97' (grid) from North Carolina Geodetic Monument'UNN IT, having North Carolina Grid Coordinates ofN:429,684.29 E: 1,480,108.86, (Combined Factor --0.99986184); thence, N07023155"W 1.00' to a computed point, the TRUE POINT of BEGINNING; thence S82054'12"W 17.43' to a computed point, the intersection of the proposed right-of-way of both Church Street and Price Street to be dedicated; thence, six (6) new courses; 1) N05°06'38"W 73.10' to a computed point; 2) N04°24'08"W 66.21' to a computed point; 3) N07°42'19"W 99.97' to a computed point; 4) N07°42'34"W 96.15' to a computed point; 5) N08°37'54"W 256.04' to a computed point; 6) N09°28'55"W 440.84' to a computed point in the line of Burtis Property Management, LLC (DB 1948 PG 560); thence with the line of Burtis Property Management, LLC, '459041'1 9"E 11.67' to a found #4 rebar; thence, N59°06'28"E 21.58' to a computed point near the center of Church Street (40' R/W Plat Cabinet M PG 944); thence, with the centerline of Church Street, the following three (3) courses; 1) S09°28'57"E 49.94' to a computed point; 2) S09°28'55"E 403.15' to a computed point; 3) S08°37'54"E 256.52 to a computed point near the intersection of Church Street and Bivens Street (40' Private R/W Plat Cabinet M PG 944); thence, leaving said centerline of road, S83'55'1 1 "W 20.00' to a found #4 rebar in the margin of Church Street; thence, with the margin of Church Street, the following four (4) courses; 1) S07°43'12"E 96.92' to a computed point; 2) S07°43' 12"E 100.00' to a found 3/4" pipe; 3) S07°23'55"E 139.34' to a computed point; the Point of Beginning, containing 0.596 total acres and being shown on that certain ALTA/NSPS Survey, Parcel # 4, Waxhaw Town Center, Phase I, Map 1 prepared by Roy P. Fowler, PLS, dated June 30, 2017, Project Number 6870. Tract 3 That certain tract of land situated in The Town of Waxhaw, Union County, North Carolina and being more particularly described as follows: BEGINNING at a found 1" rod, the southeasternmost corner of New Parcel 44 4, as shown on plat titled'Final Plat of Waxhaw Town Center, Phase 1 Map 1 and recorded in Plat Cabinet M Page 944, and being near the intersection of the northern margin of Price Street (60' Public R/W) and the western margin of Church Street (40' Public R/W) said 1" rod having North Carolina Grid Coordinates of N:432,807.02 E:1,477,023.35 and being N44°39'24"W 4,389.97' (grid) from North Carolina Geodetic Monument'UNN IT, having North Carolina Grid Coordinates of N:429,684.29 E:1,480,108.86, (Combined Factor=0.99986184); thence, along the margin of Price Street, the following two (2) courses; 1) S82°54'31 "W 209.84' to a found #4 rebar; 2) S82°53'52"W 202.64' to a found #4 rebar in the line of Historic Ventures, LLC, (DB 6380 PG 734) said rebar being the southeasternmost corner of 'New Parcel #3 as shown on plat titled 'Final Plat of Waxhaw Town Center, Phase 1 Map 1 and recorded in Plat Cabinet M Page 944; thence, leaving said margin of Price Street and with the line of New Parcel #3, N07°48' 15"W 1.00' to a computed point; thence, a new line, N82°54' 12"E 412.48' to a computed point; thence, S07°23'55"E 1.00' to a found 1" rod, the G Point of Beginning, containing 0.009 total acres and being shown on that certain ALTA/NSPS Survey, Parcel # 4, Waxhaw Town Center, Phase I, Map 1 prepared by Roy P. Fowler, PLS, dated June 30, 2017, Project Number 6870. 7