HomeMy WebLinkAbout2002 NS Easement - Duke University Landfill Buffer Easement Prepared by: Geoffrey E. Gledhill
Return after
recording to: Geoffrey E. Gledhill, P.O. Drawer 1529, 2
Hillsborough, NC 27278
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
DEED OF EASEMENT WITH WARRANTY
OF OWNERSHIP
THIS DEED OF EASEMENT is made this day of ,
20_ by and between DUKE UNIVERSITY, a non-profit corporation
(Grantor) and ORANGE COUNTY, NORTH CAROLINA, a body politic and
corporate, a political subdivision of the State of North
Carolina, whose address is P.O. Box 8181, Hillsborough, North
Carolina 27278 (Grantee) .
RECITALS AND STATEMENT OF PURPOSES
A. Grantor owns, in fee simple, land located in Orange County,
North Carolina, which is the land described in Exhibit A
attached hereto and by this reference made a part hereof which
property is hereinafter referred to as the "Easement: Property; "
and
B. Grantee will be the holder of this easement; and
C. Grantee is a body politic and corporate, a subdivision of
the State of North Carolina and authorized to acquire land and
interests in land including easements for the purposes
hereinafter expressed; and
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D. Grantor is willing to grant an easement in the Easement
Property, thereby restricting and limiting the use of the
Easement Property to the terms and conditions and for the
purposes hereinafter set forth, and Grantee is wi:_ling to accept
the easement in the Easement Property under the terms and
conditions and for the purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutUELl covenants,
terms, conditions, and restrictions hereinafter se!t forth,
Grantor hereby grants and conveys unto Grantee, its successors
and assigns, an easement of the nature and character and to the
extent hereinafter set forth, for the benefit of Grantee, over
the Easement Property.
The purpose of this easement is to maintain a use and site
buffer between the Orange County Construction and Demolition
Debris landfill (hereafter "the County C&D .1andfill") and
property owned by Grantor known as the Blackwood Division of
Duke Forest; to maintain the Easement Property generally in its
natural condition and consistent with these purposes; and .to
prevent any use of the Easement Property that will impair or
interfere with these purposes. To achieve these purposes the
following conditions and restrictions are set forth:
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I. DURATION OF EASEMENT.
This easement shall expire upon the earlier of 27 years
after the date it is recorded or the date of the last of the
following events :
(1) Grantee' s ceasing to use its property adjoining the
Easement Property for the County C&D landfill. Upon the
Grantee' s ceasing to use its property adjoining the Easement
Property for the County C & D landfill, it shall, in good faith,
proceed with all due diligence to complete any and all
remediation required and to promptly perform all closure
requirements .
(2) The completion of any and all remediation of the
County C&D landfill and the Easement Property required by the
Solid Waste Section of the North Carolina Division of Waste
Management, North Carolina Department of Environment and Natural
Resources (hereafter "the Solid Waste Section") .
(3) Certification from the Solid Waste Section that all
closure requirements have been met for the closure of the County
C&D landfill as required by the laws and regulations applicable
to the closure of construction and demolition landfills in
effect at the time of the closure.
Grantee agrees to record an instrument conveying back to
Grantor the Easement Property or acknowledging that the easement
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in the Easement Area has terminated upon the termination of the
easement.
II. RESERVED USES AND RESTRICTED ACTIVITIES .
The Easement Property is hereby restricted from any
development or use that would impair or interfere with the
purposes of this easement. The easement granted herein is
expressly made subject to the deed of easement from Grantor to
the United States of America, which easement is recorded at Book
1732, Page 454 of the Orange County Registry, and a copy of
which is Exhibit B attached hereto and by this reference made a
part hereof. The following specific uses are prohibited,
restricted, or reserved to the Grantor as indicatE:d:
A. Structures. No permanent structures shall be
constructed or maintained in the Easement Property, except with
the written consent of Grantee, which consent will. only be
withheld if locating a permanent structure where requested by
Grantor is not permitted by the Solid Waste Section. Grantor
may locate research equipment, for example a weather gauge or
weather gauges, in the Easement Property.
B. Vegetative Cover. The property will be left in the
natural vegetative state that it is at the time of the recording
of this deed of easement except as it is necessary or expedient
to remove some or all of the vegetative cover in the easement
area resulting from the research activities of the Grantor and
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the timber management activities of the Grantor described in
paragraph II . F. of this deed of easement. The Grantor reserves
the right to put the Easement Property to educational uses and
the right of access to the Easement Property for educational
uses including site visits, studies and observations .
C. Dumping. Dumping of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances or machinery, or other
material on the Easement Property is prohibited.
D. Signs . No sign shall be permitted on the Easement
Property except as necessary to identify the Grantor and Grantee
and prescribing rules and regulations for the use of the
Easement Property.
E. Grading, mineral use, excavation. There shall be no
grading, filling, excavation, mining or drilling; no removal .of
top soil, sand, gravel, rock, peat, minerals, or other
materials; provided, however, wells prescribed by the Solid
Waste Section for monitoring of the County C&D landfill shall be
permitted within the boundaries of the Easement Property.
F. Timber management. Grantor may harvest or otherwise
manage the timber located on the Easement Property not
inconsistent with the other restrictions contained in this
easement and consistent with Grantor' s overall timber management
plan f.00r the Blackwood Division of Duke Forest. .
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G. Chemicals and herbicides . No chemicals including
pesticides and herbicides shall be permitted to bE� placed,
stored or used on the Easement Property by Grantor without
express written and prior permission of Grantee.
III .. RESERVED USES AND RESTRICTED ACTIVITIES OF
GRANTEE' S ADJOINING PROPERTY.
The property owned by Grantee, adjoining the Easement
Property and which is the site of the County C&D landfill, for a
distance of 20 feet east and south of the Easement: Property
boundary shall be maintained by Grantee in its existing
vegetative state with interplanting in any gaps with native tree
species so as to create and maintain a natural vegetative and
sight buffer to the Easement Property within the property of
Grantee. This buffer shall be left undisturbed and, during
construction of the County C&D landfill, shall be protected with
adequate tree protection devices, all pursuant to plans and
specifications approved by Grantor prior to planting and to
construction of the County C&D landfill.
IV. WARRANTY OF OWNERSHIP.
Grantor for itself, its successors and z:ssigns, hereby
covenants with Grantee and its successors and assigns that
Grantor is lawfully seized of the Easement Property; that the
Easement Property is not subject to any prior easE:ments,
restrictive covenants, or any other claims except as expressly
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provided herein; and Grantor warrants and will defend the title
of said easement against the lawful claims of all persons
whomsoever.
V. EASEMENT IN GROSS.
The.-rights, privileges and easements herein granted
are easements in gross for the benefit of the Grantee. Grantee
shall- not assign, pledge or otherwise transfer its rights or
interests granted in this deed of easement without prior written
consent of Grantor, its successors or assigns, which consent
Grantor may withhold in Grantor' s sole and absolute discretion.
VI . REMEDIES; ENFORCEMENT OF REMEDIES.
A. In the event that Grantee or Grantor determine that
the other has violated or is threatening to violate any of these
terms, conditions or restrictions, the non-violating party may,
institute a suit to enjoin such violation.
B. No failure on the part of Grantee or Grantor to
enforce any covenant or provision hereof shall discharge or
invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right of Grantee or Grantor to
enforce the same in the event of a subsequent breach or default.
C. Grantee covenants that, at its sole expense,
Grantee will perform any and all remediation and mitigation to
the Easement Property that is required by the State and/or
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federal government that is proximately caused by the
construction and demolition landfill activities of Grantee.
IN WITNESS WHEREOF, Grantor and Grantee have hereunder
set their respective hands the day and year first above written.
DUKE UNIVERSITY
ABy: I
Title:
ve
ATTEST: .
Sec tary
ORANGE COUNTY, NORTH CAROLINA
By:
Barry Jacobs, Chair
Orange County Board of
Commissioners
ATTEST:
Beverly A. Blythe, Clerk to
the Board. of Commissioners
NORTH CAROLINA
COUNTY
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This J-V' day of 20C)2- , personally came
before me who, being by me duly sworn,
says that he,-- e is the C V �Y�S�1�C�, - '. of DUKE UNIVERSITY, a
non-profit corporation, and that said writing was signed by
him/-he , in behalf of said corporation, by its authority duly
given. And that said acknowledged the said writing
to be the act..and deed of said corporation. /JA�
Not-/-Ay Public
My commission expires :
zpo& gETHAN,�,
(NOTARIAL SEAL) NOTARy N
oG9 PUBLIC,,�y?V
NORTH CAROLINA co
ORANGE COUNTY
I, a Notary Public of the County and State aforesaid,
certify that Beverly A. Blythe personally came before me this '
day and acknowledged that she is Clerk to the Board of
Commissioners for Orange County and that by authority duly given
and as the act of said County, the foregoing instrument was
signed in its name by the Chair of said Board of Commissioners
and attested by her as Clerk to said Board of Commissioners .
Witness my hand and official stamp or seal, this the
day of , 20
Notary Public
My commission expires :
(NOTARIAL SEAL)
lsg:orangecounty\dukeuniveasement.doc
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Exhibit A
"Easement Property"
Lying and being in Orange County,North Carolina, and being particularly
described as follows:
BEGINNING at an iron which is located on an Eastern line of Duke Jniversity Property
and a Western line of Orange County Regional Landfill Property, the latter Property is
described in Deed Book 2145 at Page 500 and on PIat Book 83 at Paste 28 of the Orange
County Registry, and which iron is located 681.20' N 00°10'48"E of an iron found in the
-northern right of way line of Eubanks Road, thence from said beginning point N
00°11'34"E 200.70' to an iron set, thence S 85°24'38"W 1445.12' to an iron set,thence S
03 018'09"E 1339.13' to an iron found in the northern right of way lin:-of Eubanks road
(SR 1727), thence along with the northern right of way line of Eubanks road N
81°10'21"E 200.93' to an iron found also in the north right of way line of Eubanks road,
thence N 03°18'09"W 1124.23' to an iron found,thence N 85°28'19'1s 360.94' to an iron
found,thence NS 526'16"E 40.00' to an iron found, thence N 85°23'02"E .145.73' to an
iron found,thence N 85°23'05"E 346.55' to an iron found, thence N 85 022'49"E 339.61'
to an iron found, the point and place of BEGINNING, containing 11.809 acres and
identified as"200.00' Buffer Easement"on the map titled"Easement Plat of the Property
of Duke University"dated March 11, 2002, and prepared by Charles R. Billings,
Professional Land Surveyor, L-2711, which plat is recorded at Plat Book
Page , Orange County Registry. '
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Exhibit B
Prepared by: Robinson, Bradshaw & Hinson, P.A. (Mark W. Merritt) -
Mall to: David B. Adcock,Duke University, Office of the University Counsel, 011 Allen Building, -
Flowers Drive, Durham, NC 27706
8004732 �!
TM 7.20. .7A ABC.. AMENDED AND RESTATED
9871-20-1786
DEED OF EASEMENT
WITH WARRANTY DEED
THIS AMENDED AND RESTATED DEED OF EASEMENT WITH WARRANTY
DEED(this"Easement'O is made as of this the 10th day of October, 1995,by and between Duke
University,a non-profit corporation("Grantor")and the United States of America("Grantee"),
c/o Heidi K Ramirez, Department of Energy, Chicago Operations Office, Safety & Technical
Service Division,Argonne,Illinois 60439.
WHEREAS, Grantor by Offer of Donation effective July 27, 1995, offered to donate, _
subject to terms, conditions, covenants and agreement therein, certain easements in real estate -
situated in Orange County, State of North Carolina (the "Property") as more particularly _
described in Exhibit A attached hereto;
WHEREAS,Grantor has heretofore granted Grantee an easement pursuant to terms and
conditions set forth in that certain instrument entitled "DEED OF EASEMENT WITH
WARRANTY DEED" dated October 10,-1995 (the "Original Easement") recorded in Book
1398, Page 407 in the Office of the Register of Deeds of Orange County, North Carolina (the
"Orange County Registry");
WHEREAS, in order to protect the integrity of the scientific experiments being
conducted on the Property from compromise as a result of incompatible uses of land adjoining the ; --
Property, Grantor and Grantee wish to amend and restate the Original Easement as herein set -
forth(1)to expand the property covered by this Easement to include not only the Property but
also the additional land (the"Additional Property")as more particularly described in Exhibit B
attached hereto, and (2)to provide for the automatic renewal of the term of this Easement as
hereinafter provided;
WHEREAS, Grantor and Grantee have been and wish to continue being, engaged in
conducting global carbon allocation research and related studies(the"Research")on the Property _
and wish to preclude uses of the Additional Property which would be incompatible with, and
detrimental to,the Research;
WHEREAS,Grantor and Grantee wish to amend and restate the Original Easement as set
forth herein;
NOW, THEREFORE, in consideration of the sum of One Dollar (51.00) paid by the
Grantee to Grantor,the receipt and sufficiency of which is hereby acknowledged by Grantor and
in consideration of the mutual covenants and agreements herein stated and as contained in
Grantor's Offer of Donation of July 27, 1995, the Grantor does hereby give, grant, demise,
convey and confirm unto the Grantee and its assigns, a temporary easement and right-of-way as
provided herein in, on, over, and across both (1) the Property as fully described in Exhibit A
attached hereto and by this reference made a part hereof and (2)the Additional Property as fully
c.�ta»twuantooiou
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BODK1732 mr, 455
described in Exhibit B attached hereto and by this reference made a part hereof(said property
and Additional Property being hereinafter collectively referred to as the"Entire Property"). The
acquiring federal agency is the U.S. Department of Energy, This statement is made :'or federal
administrative purposes and is not intended to impose any restriction on the use of the p:-emises.
THIS EASEMENT is granted subject to the following terms and conditions;
1. Grant of Easement. Subject to the terms and conditions set forth in this
Easement, Grantor, for itself, its successors and assigns, does hereby grant to Grantee, and
Grantee does hereby accept, the non-exclusive right, privilege and easement to enter upon the
Entire Property from time to time during the term of the easements herein granted for the
purposes of(i) conducting the Research thereon; (d) installing, repairing, using, replacing such
equipment as Grantee may deem necessary or appropriate in connection with the condt ct of the
Research, (LU) Pedestrian and vehicular ingress, regress and egress over such roads and/or
footpaths as may be constructed on the Entire Property from time to time by Grantor, provided
that the use of such roads and/or footpaths by Grantee shall be in accordance with such Jules and
regulations as Grantor may promulgate from time to time for the use of said roads and footpaths
during the term of this Easement;and(iv)the Grantee shall have the right to limit activities on the
Additional Property which may be incompatible with the Research. The.rights, privileges and
- easements granted hereby shall be for the use and enjoyment of Grantee, its employees, agents
and invitees. The rights, privileges and easements granted hereby shall be non-exclus.ve, and
Grantor hereby reserves the right to enter upon the Entire Property and use same for any and all
purposes not inconsistent with this Easement,including, without limitation, the rights he-etofore
granted to Grantee in the Additional Property for the benefit of the National Aeronautics and
Space Administration("NASA')pursuant to that certain Deed of Easement with Warranty Deed
dated June 29, 1996 (the`NASA Easement")recorded in Book 1511, Page 535 in the Orange
County Registry.
2. Warranty of Ownership. The Grantor, for itself, its successors and assigns,
hereby covenants with the Grantee and its assigns that said Grantor is lawfully seized of the Entire
,E. Property;that the Entire Property is not subject to any prior easements, restrictive covenants, or
any other claims which in any way adversely affect this Easement other than the prior rights
heretofore granted for the benefit of NASA pursuant to the NASA Easement; and that Crrantor
warrants and will defend the title to said Easement against the lawful claim of all persons
whomsoever other than NASA for claims arising pursuant to the NASA Easement over the
Additional Property;
3. Term. The term of this Easement shall be ten(10)years from the date first above
written subject to automatic annual renewals thereafter unless and until either Grantor or G-antee
shall have given the other party hereto at least sixty(60)days prior written notice of its election to
terminate this Easement effective upon the expiration of the then current term of this Easement.
Grantor and Grantee shall have the right to terminate this Easement at any time upon mutual
agreement and recordation in the Orange County Registry of an instrument, signed by both
Grantee and Grantor,terminating this Easement.
CJQ391vOlLa JQ.0101I
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eoox1732 p4, 456
4. Easement in Gross. The rights, privileges and easemedts herein granted are
easements in gross for the benefit of Grantee. Grantee shall not assign, pledge or otherwise
transfer its rights or interests granted m this Easement without prior written consent of Grantor,
its successors or assigns.
5. Scientific Observation. Scientists and their staffs that are employed .by,
associated with, affiliated with,or otherwise are authorized by Grantee may enter upon the Entire
Property for observation, data collection and other activities associated with the Research. r
Similarly, scientists and their staffs that are employed by, associated with, or otherwise are
authorized by Grantor_may eater upon the Entire Property for observation, data collection and
other activities associated with the Research And &rther. scientists, staff, students and others
authorized by the Grantor may enter.upon the Entire Property for academic, management and
maintenance activities consistent with the mission of Grantor.
IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal the day and _
year first above written -
GRANTOIL
DUKE UNIVERSITY =
ST: By. l�a..,�---C o • �tr.*---.•. _
Name: Nannerl O.Keohane .
Title: President -
As Secretary
(COTR RA7 SEAL] .
c aonn.au an�aaou 3 -
z
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BWK1732 PEE 457
STATE OF NORTH CAROLINA
COUNTY OF DURHAM
e, �� day of_ K 1A,y 1998, personally came before me Nannerl O.
Keohaae,who,being'by me duly sworn, says that she is the President of DUDE 117riIVE=4 0.
a non-profit corporation, and that the seal affixed to the foregoing instrument in k$is•the
corporate seal of the company, and that said writing was sigaed and sealed by her, in behalf of
said corporation, by its authority duly given, And the said President aclmowledged the said
writing to be the act and deed of said corporation.
Notary Public
Christine M. Pipkin
My commission expires:
/2-22—C)
[NOTARIgL SEAL]
t
FILED
18 MAY 1998, at 10:45:50am
Book 1732, Page 454 — 459
Betty June Hayes,
Register of Deeds,
Orange County, N. C.
NORTH CAROLINA • ORANGE 0
Ths"ding cwd&:ts(o of -
A the o Public of the dssignst d Govsmmsnhl units is(ao7j rertifled to be consct. Flu sd 1or registration
dry or 1!a V _ .,at O� l.•.t o ,•�� �
In Record Kook_1 peg. .� J H ,R
Return: N �.a
istsr D«ds
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swx1732 458
EXHIM A
ORIGINAL DOE EASEMENT TRACT
Tract
Lying and being in Orange County, North Carolina and being particularly described as
Mows:
BEGINNIIVG at a concrete monument in the property line of a tract of land owned by
Duke University recorded in Deed Book 119, Page 202, the southwestern corner of the Martha
Kirkman tract, as described in deed recorded in Deed Book 268, Page 276 in the Office of the
Register of Deeds for Orange County, North Carolina (the "Orange Public Registry') and
proceeding along the following courses and distances: N 2-13-54 E 1,232.75 feet to a concrete
monument marling the southwestern corner of the Mary Stokes tract as described in deed
recorded in Deed Book 268, Page 486 in said Orange Public Registry, thence with two (2)
courses of said Stokes tract as follows: (1)N 03-06-05 E 550.24 feet to a concrete monument;
and(2)S 88-18-00 E 568.05 feet to a point marking the southwestern corner of a tract conveyed
to Grantor in the deed recorded in Deed Book 119, Page 278 in the Orange Public Registry;
thence with seven(7) courses of said tract as follows: (1)N 13-07-04 E 131.23 feet to a point;
(2)N 19-01-47 W 211.87 feet to a point; (3)N 22-06-22 E 123.15 feet to a point; (4)N 20-18-
18 W 360.78 feet to a point;(5)N 7343-34 E 194.81 feet to a point;(6)N 13-23-23 E 190.75
feet to a point; and (7) N 62-03-03 W 273.78 feet to a concrete monument; marling the
southeastern corner of a tract conveyed to Grantor in the deed recorded in Deed Book 1314, _
Page 387 in the Orange Public Registry, thence with one (1) course of said tract N 84-40-11 w
W 1,347.88 feet to a concrete monument in the eastern boundary line of the Alton Bishop tract as
described in deed recorded in Deed Book 353,Page 44 in the Orange Public Registry,thence with
two (2) courses of said Bishop tract as follows. (1) S 00-43-12 W 692.68 feet to a concrete
monument; and (2) N 89-46-48 W 227.08 feet to a point at the northeaster comer of a tract -
conveyed to Grantor in the deed recorded in Deed Book 119, Page 205 in the Orange Public
Registry; thence S 08-01-41 W 197.82 feet to a point; thence S 38-56-18 W 319.88 feet to a
point;thence S 06-47-59 E 1,827.81 feet to a point; thence S 82-26-29 E 932.35 feet to a point; -
..
and thence N 76-36-01 E 152.95 feet to a concrete monument, the point and place of
BEGINNING; all as shown on a map (the "Map") entitled "Research Easement for Free Air
Carbon Dioxide Enrichment Site" dated April 1995, and prepared by Ernest B. Wood, Jr.,
RLS-2648. `
Easement Tract r.
Together with a non-exclusive easement for pedestrian and vehicular ingress and egress to
said Tract A over a 30'wide easement along an existing gravel drive beginning at a point 135.67
feet east of the southwestern comer of said Tract said point being along the southern line of
the tract and the centerline of said 30-foot easement running along the following courses and -
distances: S 07-07-05 W 401.88 feet to a point; thence S 00-54-02 E 304.70 feet to a point;
thence S 03-57-52 W 742.19 feet to a point;thence S 14-00-21 W 87.65 feet to a point; thence
S 39-14-54 W 304.42 feet to a point;thence S 68-14-45 W 318.31 feet to a point; and thence S
05-03-03 W 188.44 feet to a point in the centerline of Eubanks Road(State Road 1727)(60-foot
right-of-way),all as shown on said Map.
Gp!lIWI4077I1010t! __._.
'yn-'
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ADD
OM AL
_ =4732 °,c 459
MO A EMENT TRAcr
Lying and being in Orange County, North Carolina and being all of the five (5)tracts of
land as more particularly as follows: (1)all of the land described in that certain Deed dared May
20, 1944, from S.C. Johnston(single) to Duke University and recorded in Book 119, F'age 202
1/2 in the Office of the Register of Deeds of Orange County, North Carolina ("Orange Public
Registry"); (2)all of that certain tract of land described as "SECOND TRACT~ in that certain
Deed dated May 26, 1945,from A.H. Graham and wife,Kathleen L. Graham to Duke University,
Incorporated and recorded in Book 121,Page 102 in said Orange Public Registry; (3)all of the
land descnbed in that certain Deed dated May 8, 1944, from Louise Thomas Johnston(ovidow),
Margaret Johnston Gardiner,Josephine A Johnston(single)and Charles W. Johnston(single)to
Duke University and recorded in Book 119,Page 205 in said Orange Public Registry; ani (4)all
of both tracts of land described in that certain Deed dated June 26, 1944,from Ernest C.F:irldaad
(single),Garland M.Kirkland and wife Nonnie S.Parkland and Mary E.Kirkland(single)to Duke
University and recorded in Book 119,Page 278 U2 in said Orange Public Registry.
7.
- t:J67!llv0lt.Of310.NIC13