The Avalon Mills From Norfolk & Western Railway Co
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Map Y1338 Showing Exchange of Land Between The Avalon Mills and The Norfolk And Western Railway Company.
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The Avalon Mills From Norfolk And Western Railway Co
This deed made the second day of December A.D. Eighteen Hundred and Ninety Nine (1899), between the Norfolk and Western Railway Company, party of the first said. The Mercantile Trust Company of New York, Trustee, Party of the second said, and the Avalon Mills, a corporation of the state of North Carolina, party of the third part.
Witnesseth that:
Whereas, the said Norfolk and Western Railway Company is a corporation authorized to hold property and transact business in the state of North Carolina, and owns and operates a line of railway, known as it's Winston-Salem Division, through Rockingham County, North Carolina;
And whereas, at a meeting of the Board of Directors of the said Norfolk and Western Railway Company, held on the First (1st) day of November, 1899, the following preamble, and resolutions where unanimously adopted:-
Whereas a re-location of a part of the center line of the Winston-Salem Division of this Company for a distance of two thousand eight hundred and six and five-tents (2806.5) feet, as measured along the present center line at Mile Post 91 from Roanoke is advisable; and whereas the lot or piece of land owned by the Company situate in Rockingham County, North Carolina, and described as follows:
Beginning at a point in the present
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center line of the Norfolk and Western Railway 3223.5 feet southwestwardly from Mile Post 90 as measured from Roanoke; thence a strip 100 feet in width, 50 feet of which is on either side of said present center line to a point in said center line 1150 feet distant southwesterly from Mile Post 91 as measured from Roanoke All of which forms the present right of way of the Norfolk and Western Railway as shown on the Map Y-1338 dated October 9th 1899, prepared by the Engineer of Maintenance of Way of the company, and now submitted to the Board
Will by the said Re-location become insufficient for the purposes of right of way for the said portion of the Winston-Salem Division
And whereas, the Avalon Mills desire to acquire part of said lot or piece of land, and proposes to sell and convey, or cause to be conveyed, to this company, in exchange therefore, a lot or piece of ground in Rockingham County North Carolina, described as follows:
Beginning at a point in the present center line of the Norfolk and Western Railway 3223.5 feet Southwestwardly from Mile Post 90 as measured from Roanoke; thence a strip 100 feet in width, with varying parts of said 100 feet lying on the north and south sides of the center line thus:- At the point of beginning (3223.5 feet southwestwardly from mile post 90) the 100 feet strip shall extend 50 feet on the north side and 50 feet on the south side, measured from present
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center line; at a point 3423.5 feet southwestwardly from mile post 90 the 100 feet strip shall extend 80 feet on the north side and 20 feet on the south side, measured from the present center line; and for this distance of 200 feet between the limits thus fixed the boundaries of the 100 feet strip shall be straight lines diverging on the north from and converging on the south toward the present center line; from the last named point on the present center line, 3423.5 feet southwestwardly from mile post 90, the 100 feet strip shall extend 80 feet on the north side of the present center line and 20 feet on the south side thereof, both the north and south limits being parallel with the said present center line to a point 3623.5 Feet southwestwardly from mile post 90; Thence the 100 feet strip shall to follow the proposed new center line extending 80 feet on the north and 20 feet on the south thereof, the northern and southern limits being parallel to the said proposed new center line, to a point 710 Feet southwesterly from mile post 91; Thence the 100 feet strip shall continue to follow the proposed new center line, extending 60 feet on the north side and 40 feet on the south side thereof, the northern and southern limits being parallel to the said proposed new center line to a point 710 feet southwesterly from mile post 91; thence the limits of the 100 feet strip shall converge on the north toward, and diverge on the south from, the said proposed
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new center line to a point 1150 feet southwesterly from mile post 91 where the said limits shall lie 50 feet on the north and 50 feet on the south of the present center line, the boundaries of the said 100 feet strip being straight lines in space of said convergence, and divergence;
And as shown by said map Y1338; which lot or piece of land is necessary for the use of this company as right of way for the said line of railway when relocated as aforesaid;
Now, Therefore, Resolved,That that part of the Winston-Salem Division of the Norfolk and Western Railway Company which is described as follows:
Beginning on a tangent at a point in said center line 3623.5 feet southwestwardly from mile post 90 as measured from Roanoke; thence by the same tangent southwestwardly a distance of 653.7 feet; thence by a curve to the right running westwardly, with a radius of 4775 feet a distance of 430.1 feet; thence by a curve to the right with a radius of 716.8 feet a distance of 1347.1 feet; thence by a tangent a distance of 285.6 feet; thence by a curve to the left with a radius of 1146 feet, a distance of 90 feet to a point in the center line of the Norfolk and Western Railway 1150 feet westwardly from Mile Post 91 as measured from Roanoke; (as shown on map y-1338, dated October 9th, 1899, prepared by the Engineer of Maintenance of way of this company):
Be and the same is hereby re-located
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so that the same as re-located shall be described as follows:
Beginning on a tangent at a point on said centerline 3623.5 feet southwestwardly from mile post 90 as measured from Roanoke, thence by a curve to the right, running westwardly, with a radius of 4911 feet, a distance of 1130 feet; thence by a curve with a radius of 716.8 feet a distance of 1166 feet; thence by a tangent a distance of 360.2 feet to a point in the center line of the Norfolk and Western Railway 1150 feet westwardly from mile post 91 as measured from Roanoke, all of which is shown on the said map y-1338;
And resolved that this company doth approve and authorize the proposed exchange with The Avalon Mills, whereby, on the conveyance by the said The Avalon Mills to this Company of the lot or piece of ground second described for a right of way of a new center line, this Company is to convey to the said The Avalon Mills all that said of the present right of way first above described which lies outside of the limits of the lot or piece of ground second described. And the President and Secretary of this company are hereby authorized on behalf of and in the name of this Company, and under it's corporate seal, to execute, acknowledged and deliver, or join in executing, acknowledging, and delivering, said contract or contracts and such deed or deeds of conveyance and exchange as may
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be deemed proper to effect the said exchange;
And Resolved Further that The Mercantile Trust Company of New York, Trustee, under the First Consolidated Mortgage of this Company , dated the twenty-second (22) day of October, A.D. Eighteen Hundred and Ninety-Six(1896) be and is hereby requested to release the said lot or piece of land first above described from the lien and aperation of the said mortgage, and to join in the execution, acknowledgement and delivery of such deed or deeds of conveyance and exchange as may be deemed proper to effect the conveyance and exchange above mentioned;
And Resolved Further, that the lot or piece of land to be acquired by this Company under the said exchange shall be conveyed by this company to the said The Mercantile Trust Company of New York, Trustee, upon the trusts and for the purposes of the said mortgages,
And the President of this Company is hereby authorized to do or cause to be done whatever else, whether in the execution of instruments of writing or in the performance of any other act, may, in the opinion of counsel, be advisable or necessary to accomplish the purposes of these resolutions.
And, Whereas, the First Consolidated Mortgage of the said Norfolk and Western Railway Company dated the twenty-second (22) day of October A.D. eighteen hundred and ninety-six (1896), and hereinbefore mentioned, is
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recorded in Rockingham County, North Carolina, in the office of the Register of Deeds of the said county, on January 26 1897, in the deed book 106, pages 339, etc
And, Whereas, In and by article nine of the said First Consolidated Mortgage, it is declared that.
Upon the written request of the Railway Company, approved by resolution of it's Board Of Directors or Executive Committee, the Trustee, from time to time, while the Railway Company is in possession of the mortgaged premises, but subject to the conditions and limitations in this section prescribed, and not otherwise, shall release from the lien and apreations of this indenture any Part of the mortgaged premises then subject thereto; provided, (1) that no part of the lines of tract or of the rights of way shall be released unless the same shall no longer be of use in the operation of any of the mortgaged lines of railway, and no part of such lines of tract or rights of way shall be so released if thereby the continuity of the lines of railway of the Railway Company shall be broken and (2) than no part of the mortgaged railways or other property shall be released hereunder, unless at the time of such release it shall no longer be necessary or expedient to retain the same for the operation, maintenance, or use of such lines of railway, or for use in the business of the railway company.
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No such release shall be made unless the railway company shall have sold, or shall have contracted to exchange for other property or to sell the property so released; and, unless some other disposition thereof be required by some prior mortgage, the proceeds of any and all such sales, and, all moneys received as compensation for any property subject to this indenture taxes by exercise of the power of eminent domain, shall be sat apart and applied, with the approval of the Trustee, to the purchase of other property, real or personal, or in the betterments or improvements upon, any part of the mortgaged premises. Any new property acquired by the Railway Company to take the place of any property released hereunder, ipso facto, shall become and be subject to the lien of this indenture as fully as if specifically mortgaged hereby; but, if requested by the Trustee, the Railway Company will convey the same to the Trustee, by appropriate deeds, upon the trust and for the purposes of this indenture,
The Railway Company, from time to time while in possession of the mortgaged premises, shall also have full power, in its discretion, to dispose of any portion of the machinery, equipment and implements, at any time held, subject to the lien hereof which may have become unfit for such use, replacing the same by new machinery, equipment, or other implements,
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which shall become subject to this indenture.
In no event shall any purchaser or purchasers of any property sold or disposed of under any provision of this article be required to see to the application of the purchase money.
In case the mortgaged premises shall be in the possession of a Receiver lawfully appointed, the powers in and by this Section conferred upon the Railway Company may be exercised by such Receiver with the approval of the Trustee; and if the Trustee shall be in possession of the mortgaged premises under any provision of this indenture, then all the powers by this section conferred upon the Railway Company may be exercised by the Trustee in its discretion.
The Railway Company, from time to time may make changes or alterations in, or substitutions of any leases trackage rights or contracts subject to this indenture; but in any such event any modified, altered or substituted leases, contracts or trackage rights forthwith shall become bound by, and be subject to, the terms of this indenture, in the same manner as those previously existing.
A certificate signed by the President a Vice-President , or the Chief Engineer of the Railway Company, may be received by the Trustee as conclusive evidence of any of the facts mentioned in this Section, and shall fully warrant to the Trustee for its action on the faith thereof; but the Trustee, in its discretion,
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May require such further and additional evidence as to if may seem reasonable.
Now, Therefore, in Consideration as well of the Premises and of the sum of one (1) Dollar, the receipt of which is hereby acknowledged, as of the conveyance by the said The Avalon Mills hereinafter contained, the said Norfolk and Western Railway Company, has granted bargained and sold, and by these presents does grant, bargain, sell and convey unto the said The Avalon Mills, its successors and assigns forever, all that certain piece of land, situate in the county of Rockingham, State of North Carolina, and first hereinbefore described, and by these presents does request The Mercantile Trust Company of New York, Trustee, to release from the Lien and aperation of the First Consolidated Mortgage of the Norfolk and Western Railway Company, dated the 22nd day of October, 1896, all that certain piece of land situate in the county of Rockingham County, State of North Carolina, and first hereinbefore described;
And in consideration, as well of the Premises as of the conveyance by the said Norfolk and Western Railway Company to the said, The Mercantile Trust company of New York, Trustee, Hereinafter contained, the said The Mercantile Trust Company of New York, Trustee, does hereby remise release and forever quitclaim unto the said The Avalon Mills the piece of land first hereinbefore described, being the same piece of land
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hereinbefore conveyed by the said Norfolk and Western Railway Company to the said The Avalon Mills;
And in consideration, as well of the Premises and of the sum of one (1) dollar the receipt of which is hereby acknowledged, as of the conveyance and release by the said Norfolk and Western Railway Company and the said The Mercantile Trust Company of New York, Trustee, hereinbefore contained, the said The Avalon Mills has granted, bargained and sold and by these presents does grant, bargain, sell and convey unto the said Norfolk and Western Railway Company, its successors and assigns forever, all that certain strip or piece of land, situate in the county of Rockingham Sate of North Carolina and last hereinbefore described;
And in consideration of the release by the said The Mercantile Trust Company of New York, Trustee hereinbefore contained, which was made at the request of the said Norfolk and Western Railway Company the said Norfolk and Western Railway Company has granted, bargained and sold and by these presents does grant, bargain sell and convey unto the said The Mercantile Trust Company of New York, Trustee, the said strip or piece of land las hereinbefore described, bring the same strip or parcel of land hereinbefore conveyed by the said The Avalon Mills unto the said Norfolk and Western Railway Company
To have and to hold unto the said
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The Mercantile Trust Company of New York Trustee, and its successors in trust, upon the trusts and for the purposes of the said First Consolidated Mortgage hereinbefore mentioned;
For the purpose of more accurately defining the location and relocation of the centerline above mentioned, and the location and boundaries of the said piece of land the Map Y-1338, dated October 9th 1899 prepared by the Engineer of Maintenance of Way of the said Norfolk and Western Railway Company, and submitted to the Board of Directors, as above recited is hereunto attached and made part hereof.
In Witness Whereof the three several corporations, parties hereto have caused this deed to be signed in their respective names by their respective Presidents or presiding members and sealed with their respective common corporate seals, attested by their respective secretaries, the day and year first above written.
(Corporate Seal)
Norfolk and Western Railway Company
By Henry Fink President
Attest A. J. Hemphill Secretary
(Corporate Seal)
The Mercantile Trust Company of New York
By H.D. Denning [Looks Like] Vice President
Attest E.R. Adee Secretary
(Corporate Seal)
The Avalon Mills
By F.H. Fries President (Francis Henry Fries)
Attest W.C. Ruffin Secretary (William Cain Ruffin)
Revenue Stamp Attached 50 Cent