NOTICE OF SALE OF REAL ESTATE 18 CVD 3501 Under and by virtue of an order of the District Court of Buncombe County, North Carolina, in Buncombe County, made and entered in the action entitled "County of Buncombe, plaintiff, vs. Mitchell C. Farmer, Pat Doe 1, Defendants," the undersigned commissioner will at the time and date listed below, offer for sale and sell for cash to the last and highest bidder at public auction, at the Courthouse door in Buncombe County, North Carolina, in Asheville, North Carolina, the following described property: The property listed by the County of Buncombe as parcel identification number 8697-45-8134-00000; Known as and located at 3 Western Haze Trail; and more particularly described as follows: Tract One: BEGINNING at an iron pipe set in the Southern margin of the right of way for Justice Ridge Road (S.R. 1208) said iron pipe set marking the Northwest corner of Tract II of the Bobby Clampitt property as described in Deed Book 1451 at Page 267, Buncombe County Registry and from the beginning corner thus established runs with the Clampitt property and the Eastern margin of a 20 foot right of way South 2 degrees 00 minutes West 141.69 feet to an iron pipe set, said iron pipe set being located North 2 degrees 00 minutes East 87.44 feet from an iron pipe set marking the Southwest corner of Tract II of the Clampitt property; thence leaving the Eastern margin of said 20 foot right of way and running with a new line of the Evelyn L. Davis property, North 88 degrees 00 minutes West 137.40 feet to a iron pipe set; thence North 2 degrees 00 minutes East 115 feet to an iron pipe set; thence North 37 degrees 16 minutes East 34.57 feet to an iron pipe set; thence North 20 degrees 49 minutes East passing an iron pipe set at 47.09 feet a total distance of 61.11 feet to a point located in the right of way for Justice Ridge Road; thence with the right of way for Justice Ridge Road, South 67 degrees 30 minutes East 104.34 feet; thence South 2 degrees 00 minutes West 22.84 feet to the point or place of BEGINNING. CONTAINING 0.55 acres more or less and being the same property as set for on an unrecorded Plat entitled "survey for Mitchell C. Farmer" dated June 7, 1993, by Joseph Frank Laird, III, R.L.S. THIS CONVEYANCE is made together with and subject to a twenty foot right of way for purposes of ingress, egress and regress running from Justice Ridge Road and the Eastern line of said right of way being the Eastern line of the above-described property and running along the Eastern boundary of the above-described property for the benefit of the above-described property, the remaining property of Evelyn L. Davis as described in Book 677 at Page 6 and the Jack R. Smith property as previously conveyed by Evelyn L. Davis to Jack R. Smith. THIS CONVEYANCE is further made together with a right of way for purposes of running a water line from the above-described property over the remaining portion of Evelyn L. Davis to a water line to be constructed by Jack R. Smith. Said right of way shall be located in or as close to the 20 foot right of way as originally conveyed to Jack R. Smith as possible. The Grantee shall be responsible for placing his own water line in said right of way and keeping the property in as good of shape as possible in the event that work is done in said sewer line. AND BEING a portion of that tract or parcel of land as described in a Deed dated June 4, 1949, from D.E. Wright and wife, Istalena Wright to Clyde Davis and wife, Evelyn L. Davis said Deed being recorded in Deed Book 677 at Page 6, Buncombe County Registry. Tract Two: BEGINNING at an existing iron pin, a rebar, said rebar being located at the Southeast corner of the terminus of the first call of that tract of land described in Deed Book 1791 at Page 37 of the Buncombe County Registry (hereinafter "BCR") and going with the existing property line of the tract of land described in 1791 at Page 37 of the BCR North 88 degrees 00 minutes West 137.40 feet to an existing iron pin, a rebar, located at the terminus of the second call of that tract of land described in Book 1791 at Page 37 of the BCR and going thence with the Eastern margin of the Evelyn L. Davis property as described in Deed Book 677 at Page 6 of the BCR South 2 degrees 00 minutes West 56.03 feet to an iron pin set thence South 88 degrees 00 seconds East 113.63 feet to an iron pin set in the Western margin of the Bobby Clampitt property as described in Deed Book 1451 at Page 267 of the Buncombe County Registry thence with said Western margin North 02 degrees 00 seconds East 56.03 feet to the point and place of BEGINNING. And being the new lot described and containing .18 acres and being described as the New Lot in a plat entitled Survey for Mitchell C. Farmer as prepared by J. Frank Laird, III, R.L.S. as revised on the 24th day of June, 2003, drawing number 93-28BREV03. ALSO BEING a portion of that property described in a Deed from D.E. Wright and wife, Istalena Wright to Clyde Davis and wife, Evelyn L. Davis dated June 4th, 1949 and recorded in Deed Book 677 at Page 6 of the BCR. TOGETHER WITH AND SUBJECT TO easements, restrictions and rights of way of record. Buncombe County Tax PIN 8697-45-813400000 The sale will be made subject to all outstanding city and county taxes and all local improvement assessments against the above-described property not included in the judgment in the above-entitled cause. Subject to any right of redemption of the United States of America. A deposit of 5 percent of the successful bid will be required. TIME: April 26, 2019 at 11:00 am PLACE: Courthouse Door, Buncombe County, North Carolina TERMS: Cash This the 27th day of March, 2019. James M. Ellis, NC State Bar# 23087 Stone & Christy, P.A. 110 N. Dougherty St., Black Mountain, NC 28711 (828) 669-7642 Ext. 2240 james@stoneandchristy.com 04/18/19 and 04/25/19 0003504390
