FOR REGISTRATION REGISTER OF DEEDS WILLIE L. COVINGTON DURHAM COUNTY, NC 2002 DEC 19 11:50:20 AM BK:3699 PG:415-418 FEE: $20.00 INSTRUMENT # 2002060909 PREPARED BY AND AFTER RECORDING, PLEASE RETURN TO: Michael F. King, Esq.
Kennedy Covington Lobdell & Hickman, LLP 434 Fayetteville Street Mall Suite 1900 Raleigh, NC 27601 DECLARATION OF WITHDRAWAL 18th day of December, THIS DECLARATION OF WITHDRAWAL is made as of the 2002, by CASWYCK-HVF, LLC, a Georgia limited liability company ("Declarant”).
WITNESSETH: WHEREAS, Declarant is the fee simple owner of the parcel of land described on Exhibit A attached hereto and by this reference incorporated herein (the “Property”); and WHEREAS, a thirty (30) foot sanitary sewer easement within the Property (the "Sewer Easement") was offered for dedication to the public pursuant to the plat recorded at Plat Book 156, Page 293, Durham County Registry; and WHEREAS, sewer lines were never installed within the Sewer Easement; and WHEREAS, the City has never accepted the offer of dedication and the Sewer Easement has not been used by the City or the public for any purpose; and WHEREAS, the sewer line has been placed in another location and the Sewer Easement is no longer needed to provide sewer service to the Property or to any other property; NOW, THEREFORE, in consideration of the provisions herein, the Declarant does hereby withdraw from the public the Sewer Easement.
IN WITNESS WHEREOF, Declarant has executed this Declaration of Withdrawal as of the day and year first above written DECLARANT: CASWYCK-HVF, LLC, a Georgia limited liability company By: Cannon Advisory Partners, Inc., a Georgia corporation, its Sole Manager By: Оманы D. Mitch Barron Vice President [CORPORATE SEAL] STATE OF North Carolina
, LLC, a Georgia limited liability company By: Cannon Advisory Partners, Inc., a Georgia corporation, its Sole Manager By: Оманы D. Mitch Barron Vice President [CORPORATE SEAL] STATE OF North Carolina COUNTY OF Wake I, James E. Greene a Notary Public of Walce County, North Carolina certify that D. Mitch Barron personally came before me this day and acknowledged that he is Vice President of Cannon Advisory Partners, Inc., which corporation is serving and hereby acting as Manager of Caswyck-HVF, LLC, a Georgia limited liability company, and that he, as Vice President, being authorized to do so, executed the foregoing instrument on behalf of the corporation.
WITNESS my hand and notarial seal, this the 18 day of December, 2002.
My commission expires: 7-10-2005 -2HNZW/iManage 133009_1 (2)() Notary Public JAMES E. GREENE Notary Public State of North Carolina County of Wake ■My Commission Expires 7.10.2005.
EXHIBIT A follows: ALL of that property located and being in Durham County, North Carolina described as BEING all of that certain tract or parcel of land identified as MM Phase IIA containing 1.62 acres as shown according to plat of survey entitled "Thaxton Place - Phase IIA, Subdivision and Easement Plat” dated October 15, 2002, last revised November 22, 2002, signed and sealed November 25, 2002, by Miles O. McCall, III, Professional Land Surveyor, of The John R.
McAdams Company, Inc. and recorded in Plat Book 157, Pages 197 and 199, Durham County Registry.
-3HNZW/iManage 133009_1 (2)) DU NOR TH COUNT INTY PLINA CAR WILLIE L. COVINGTON REGISTER OF DEEDS, DURHAM COUNTY DURHAM COUNTY COURTHOUSE 200 E. MAIN STREET DURHAM, NC 27701 Filed For Registration:
RHAM COUNTY DURHAM COUNTY COURTHOUSE 200 E. MAIN STREET DURHAM, NC 27701 Filed For Registration: 12/19/2002 11:50:20 AM Book: RE 3699 Page: 415-418 Document No.: 2002060909 DECL 4 PGS $20.00 Recorder: CAROL JENKINS State of North Carolina, County of Durham The foregoing certificate of JAMES E GREENE Notary is certified to be correct. This 19TH of December 2002 WILLIE L. COVINGTON, REGISTER OF DEEDS By!
محمد Deputy/Assistant Register of Deeds 2002060909