32 2008036286 FOR REGISTRATION REGISTER OF DEEDS REBECCA P. SMITH NEW HANOVER COUNTY, NC 2008 SEP 05 09:21:45 AM BK:5344 PG:1925-1932 FEE: $32.00 INSTRUMENT # 2008036286 DECLARATION OF WITHDRAWAL OF STREETS STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER into this 26th day of August THIS DECLARATION OF WITHDRAWAL OF STREETS is made and entered 2008, by and among HOUSING AUTHORITY OF THE CITY OF WILMINGTON, NORTH CAROLINA, ROBERT R. TAYLOR SENIOR HOMES, LLC, and THE POINTE AT TAYLOR ESTATES, LLC, parties of the first part; and any interested parties and the PUBLIC IN GENERAL; WITNESS ETH: WHEREAS, the Housing Authority of the City of Wilmington, North Carolina caused to be recorded in Map Book 314, Page 199, in the office of the Register of Deeds of New Hanover County, a map depicted as New Brooklyn Homes (the "Map"). The Map depicts certain unnamed streets within the property depicted thereon; and, WHEREAS, the unnamed streets depicted on the Map have never been opened and used by the public; and, WHEREAS, the party of the first part desires to withdraw from dedication the unnamed streets which lie within the bounds of the property depicted on the Map; and, WHEREAS, the dedication of the unnamed streets occurred on January 28, 1941; more than fifteen (15) years have elapsed since such dedication; the dedication has never been accepted by any governmental authority; and the unnamed streets have never been used by the public; and, WHEREAS, the unnamed streets are not a part of any adopted thoroughfare plan; WHEREAS, Robert R. Taylor Senior Homes, LLC and The Pointe at Taylor and, Estates, LLC are the ground lessees of the property depicted on the Map.
NOW, THEREFORE, the parties of the first part hereby adopt the recitals in this
Senior Homes, LLC and The Pointe at Taylor and, Estates, LLC are the ground lessees of the property depicted on the Map.
NOW, THEREFORE, the parties of the first part hereby adopt the recitals in this instrument, resolve them to be true, and declare, pursuant to the authority granted by N.C. GEN.
Stat. § 136-96, that the unnamed streets shown and delineated on the map of New Brooklyn Homes, Map Book 314, Page 199, in the office of the Register of Deeds of New Hanover County, hereby are withdrawn from any public or private use or dedication whatsoever to which the same may heretofore in any manner have been dedicated.
(SIGNATURES APPEAR ON THE FOLLOWING PAGE) IN TESTIMONY WHEREOF, the parties of the first part have caused this instrument to be signed and sealed in a manner so as to be binding, this the day and year first above written.
HOUSING AUTHORITY OF THE CITY OF WILMINGTON, NORTH CAROLINA By: Name: S. De Title: WHA Chan ROBERT R. TAYLOR SENIOR HOMES, LLC (SEAL) A North Carolina Limited Liability Company By: HEO Partners I, LLC A North Carolina Limited Liability Company, Manager of Robert R. Taylor Senior Homes, LLC By: Housing and Economic Opportunities, Inc., a North Carolina non-profit corporation, Manager of HEO Partners I, LLC By: Debra Quaranta, President (SIGNATURES CONTINUED ON THE FOLLOWING PAGE) 3 THE POINTE AT TAYLOR ESTATES, LLC A North Carolina Limited Liability Company By: HEO Partners II, LLC (SEAL) A North Carolina Limited Liability Company Manager of The Pointe at Taylor Estates, LLC By: Housing and Economic Opportunities, Inc., a North Carolina non-profit corporation, Manager of HEO Partners II, LLC By: Debra Quaranta, President New Hanover COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each
profit corporation, Manager of HEO Partners II, LLC By: Debra Quaranta, President New Hanover COUNTY, NORTH CAROLINA 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(s) stated therein, in the capacity indicated, and having been first authorized to do so: Lenwood 'Bo' Dean, Chairman, Board of Commissioners, HOUSING AUTHORITY OF THE CITY OF WILMINGTON, NORTH CAROLINA.
Date 8/26/08 L ..........
MICHELLE (Official Seal) KERWIN PUBLIC NOTARY HANOVER Signature of Notary Public My commission expires: Notary seal or stamp must appear within this box.
5 10-19-2009 New Hanover COUNTY, NORTH CAROLINA 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(s) stated therein, in the capacity indicated, and having been first authorized to do so: Debra Quaranta, President of Housing and Economic Opportunities, Inc., as Manager of HEO Partners I, LLC, Manager of ROBERT R. TAYLOR SENIOR HOMES, LLC.
Date 8/26/08 (Official Si PUBLIS NOTARY NEW HABIOVER COUNT NC Signature of Notary Public My commission expires: Notary seal or stamp must appear within this box.
10-19-2009 6 New Hanover COUNTY, NORTH CAROLINA 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(s) stated therein, in the capacity indicated, and having been first authorized to do so: Debra Quaranta, President of Housing and Economic Opportunities, Inc., as Manager of HEO Partners II, LLC, Manager of THE POINTE AT TAYLOR HOMES, LLC.
Date 8-26-09 LK Signature of Notary Public My commission expires:
President of Housing and Economic Opportunities, Inc., as Manager of HEO Partners II, LLC, Manager of THE POINTE AT TAYLOR HOMES, LLC.
Date 8-26-09 LK Signature of Notary Public My commission expires: 10-19-2009 (Official Seal) M3N PUBLIC NOTARY MICHELLE L HANOVER COUNTY NG Notary seal or stamp must appear within this box.
021074-00025 7 COUNTY NEW HANOVER NORTH CAROLINA ESTABLISHED 172 REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: Book: Document No.: 09/05/2008 09:21:45 AM RE 5344 Page: 1925-1932 2008036286 DECL 8 PGS $32.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
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