HomeMy WebLinkAboutSW3140403_HISTORICAL FILE_20180822STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO. SW , �ZDzxb
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
(� HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE���%�a�c
YYYYMMDD
Alexander, Laura
From: Collins, Brian <Brian.Collins@meritagehomes.com>
Sent: Monday, August 20, 2018 9:00 AM
To: Alexander, Laura
Subject: [External] RE: Owner Transfer for SW3140403
CAUTION: External email. Do not click lin s or open attachments unless verified. Send all suspicious email s an attachment to
Thank you for your help Laura. I'll pass this onto our AP department.
Brian Collins
Land Development Manager
13925 Ballantyne Corporate Place, Suite 300 ( Charlotte, NC 28277
0: 704.944.8968 1 C: 704.807.6244
brian.collins@meritagehomes.comI www.meritagehomes.com
From: Alexander, Laura <laura.alexander@ncdenr.gov>
Sent: Monday, August 20, 2018 8:59 AM
To: Collins, Brian <Brian.Collins@meritagehomes.com>
Subject: Owner Transfer for SW3140403
Good Morning,
We received your form to transfer ownership to the HOA for the above mentioned permit. Please note that there is no
fee. I have attached the check with void written on it. I'm going to shred the check.
Also, I will be sending the documents to the regional office as they keep a copy. I have made the updates in our system.
Let me know if you have any questions.
Regards,
Laura Alexander
Stormwater Permitting Program
Central office
(919)707-3640
'U.
i �r ✓<%y ~Y�4�
'D `
V 9 �•
�J
MCADAMS
LETTER OF TRANSMITTAL
To:
Re:
NC DEMLR
Mooresville Regional Office
Permit No. SW3140403�
I am sending you the following item(s):
RECEIVED
AUG 07 2018
DENR=LAND QUALITY
9 6RMWATLk PERMITTING
Date: August 2, 2018
FED EX
a
0
Job No.: t1RH-13010
COPIES
DATE
NO.
DESCRIPTION
2
Permit Transfer Application Form
1
Electronic Copy of Permit Transfer Application Form
1
$505 Check
These are transmitted as checked below:
❑ As requested
❑ For approval
❑ For review and comment
Remarks:
Copy to:
Raleigh -Durham
2905 Meridian Parkway
Durham, North Carolina 27713
(919) 361-5000
® For your use
0
101
Signed:
on Idridge, PE
roject Manager
Charlotte
3430 Toringdon Way, Suite 110
Charlotte, North Carolina 28277
(704)527-0800
Designing Tomorrow's Infrastructure & Communities
McAdlamsCoxc m
WADAMS
LETTER OF TRANSMITTAL
To: Mr. Mike Randall Date:
Stormwater Permitting Program DIVISION OF LAND RESOURCES
NC Division of Energy, Mineral and LandtND QUALITY SECTION
Resources
1617 Mail Service Center
Raleigh, NC 27699 JUN 112014
April 3, 2014
_...,nUiViVlENI VIA FED EX P t P Gen V r"
AND NATURAL RESOURCES
Re: Candella (Pinetops) Job #: MRH-13010
I am sendinn voii the fnllnwinn item(s)
COPIES
DATE
NO.
DESCRIPTION
2
4.3.14
Set of Plans
2
3.28.14
Operation and Maintenance Form
1
3.20.14
Application Fee -check in the amount of $505
2
3.28:14
Applicant F
1
3,28.14
Supplem nt Wet Basin orm
1
12.26.13
Deed
2
3.28.14
Deed Restrictio nd Protective Covenances
1
3.31.14
Pond Calculation
These are transmitted as checked below:
❑ As requested
® For approval
❑ For review and comment
❑ For your use
0
x
Remarks: Mike, I have included the sheets you should need for your review. If you need additional
Information please let me know.
Copy to:
Signed:
Robert M. Reddick, Jr., PE
Senior Project Manager
Raleigh -Durham Charlotte
2905 Meridian Parkway 11301 Carmel Commons Blvd., Suite 111
Durham, North Carolina 27713 Charlotte, North Carolina
(919)361-5000 (704)527-0800
Designing Tomorrow's Infrastructure & Communities
McAdamsCoxom
.I
FILED
UNION COUNTY, NC
CRYSTAL CRUMP
REGISTER OF DEEDS
FILED Dec 27, 2013
AT 01:28 pm
BOOK 06156
START PAGE 0763
END PAGE 0767
INSTRUMENT # 42534
EXCISE TAX $4.800.00
AH
Excise Tax S4,800.00 Recording Time, Book Id Page
Tax Lot No.: Parcel Identifier N0. plo 06042012A
Verified by Cowry on the day of . 20
by
MaiVBox to: Grantee
I
This instrument was prepared by: I Scott Efird St Amand Bc Efird PLLC 3315 Sorinebank Lane Suite 308
Charlotte NC 28226 1 1
Brief Description For The Index:
Tract 1 on Plat Book M, Pages 171 & 172
,II �
NORTH CA) OLINA SPECIAL WARRANTY DEE)l
THIS DEED made this aL a y of December, 2013, by and between:
GRANTOR GRANTEE I
Franklin W. Howey, Jr., and wife, CDCG 3 MTH LP, A Delaware limited
Alison S. Howey Lpartnership
PO Box 429 8912 E. Pinnacle Peak Road
Monroe, NC 28111 Suite F9-188
I Scottsdale AZ 85255
Enter in appropriate block for each party: nime, address, ond, H appropriate, character of entity, e.g. corporation or Partnership.
The designation Grantor and I
successors and assigns, and st
required by context.
antee as used herein shall include said parti Is, their heirs,
I include singular, plural, 'masculine, feminine or neuter as
WITNESSETH, that Granto
is hereby acknowledged, ha:
certain real property and th,
incorporated herein by th
improvements located there[
rights, and water stock relat
strips and gores, streets,
appurtenant, adjacent, or a
substances therein, thereund
privileges, appurtenances, I
thereto or used in connection
for a valuable consideration paid by Grantee, th
and by these presents does grant, bargain, sell
Utility Easement described on Exhibit "A" a"
reference, together with (a) all buildings,
i; (b) all development rights and credits, air ril
g thereto; (c) all right, title, and interest of Gre
leys, easements, rights -of -way, public ways,
meeted thereto; (d) minerals, oil, gas, and o
r, or that may be produced therefrom; and (e)
!reditaments, easements, reversions, and rema
herewith (the "Property").
The Property was acquired bj Grantor by instrument recorded in Book 5970
County Register of Deeds. 11he Property does not include the primary resider
The Property is conveyed Isubject to the easements, restrictions, reser
conditions and other excepti Ins set forth on Exhibit 'B" attached hereto and
by this reference (collectively, "Exceptions").
TO HAVE AND TO
appurtenances thereto I
Subject to the Exceptions,
impair such title as Grantor
lawful claims of all persons
subject to the Exceptions, the Property and
to Grantee in fee simple.
covenants with Grantee, that Grantor h
1, and Grantor will warrant and. defend
by, under or through Grantor.
[Signature Page Follows]
receipt of which
and convey, that
ched hereto and
structures, and
its, water, water
itor in and to all
or other rights
ter hydrocarbon
my other rights,
nders pertaining
Page 183, Union
of Grantor.
covenants,
ated herein
privileges and
done nothing to
title against the
BEING all of "Tract 1" as
S. Howey Property" and r
Registry (the "Plat").
TOGETHER WITH a non -ex(
and assigns ("Utility Easeme
"Tract 2," on the Plat ("Tract
passage, use, maintenance, cc
gas, power, storm water, telep:
transmission of utility service
and regress over and across T
Legal Descrintion
on the plat entitled "Subdivision Plat of F
in Plat Book M, Pages 171 &172 in the
tsive, perpetual easement for the benefit of Grante
P') over, under, along and across that certain prc
") for the following purposes: (a) the. installation,
nection, repair, relocation, and removal of sanita
me, cable and any other utility lines, facilities and
to serve Tract 1; and (b) vehicular and pedestriar
ct 2 in order to perform the activities described in
W. and Alison
County Public
its successors
perty shown as
rperation, flow,
y sewer,•water,
systems for the
ingress, egress
(a) above.
0
EXHIBIT B
PERMITTED EXCEPTIONS
1. Taxes or assessments for the year 2014, and subsequent years, not yet dde or payable.
2. Right of Way A,
as shown on the
3. Easement to Union
4. Sanitary Sewer Line
Book 3304, page 91,
5. Any right, easement,
variation, or other adi
'Property of Franklin
Union County, North
(the "Survey").
6. Rights of others tl
bounding or cross
avulsion resulting
7. Any right, easement, s
variations or other adv
in Plat Cabinet M, Filc
4849-8532-0727, v. 1
to Duke Power Company recorded in Book 23p, page 18, and
Membership Corporation recorded in Book ,489, page 145.
ments to Union County recorded in Book 1469I, page 686 and
as shown on the Survey.
ack, interest, claim, encroachment, encumbrande, violation,
circumstance affecting the Title disclosed by survey entitled
& Alison S. How6y, Potters Road, Village of Wesley Chapel,
olina" by Kevin S. Baucom, P.L.S., dated December 9, 2013
in and to the continuous and uninterrupted flow f the waters
e land and claims to land created or lost by accretion, reliction or
movement of the creek forming the boundary oft'the insured land.
tback, interest, claim, encroachment, encumbran
rse circumstance affecting the Title disclosed by
171 - 172.
, violation,
lat(s) recorded
IN WITNESS WHEREOF, the Parties hereto have subscribed their naines and affixed
their seals the day and year fiat above written, all with authority duly given.
STATE OF NORTH
COUNTY OF UNION
I, Richard Ryals I
certify that FRANK W
"Signatory") personally c
I certify that the Si
1L (1 have
(I have
state or
_a<
in
(a credible
The Signatory ackno%
document for the purpose sta
Witness my hand and
,JR.
IX.Y.11.uw � �G1
.L1SON S. HOWEY
a Notary Public of Union County and State of
fEY, JR. and wife ALISON S. HOWEY
fore me this day and executed the foregoing ins
try personally appeared before me this day, and
:heck one of the following)
rnal knowledge of the identity of the Signatory);
satisfactory evidence of the Signatory's identity
-al identification with the Signatory's photograp
:heck one of the following)
ver's license or
e form of ); or
fitness has swom to the identity of the Signatory
iged to me that he/she voluntarily signed the
therein and in the capacity indicated.
icial stamp or seal this a 6n' day of Deceml
Carolina_,
lively. the
ry a current
in the form of:
, 2013.
Print Name: Richard Ryals Hutaff
[Note: Notary Public must sign exactly a on notary seal]
i
My Commission Expires: —'I
PU900 ,4 � (NOTARY SEAL] (MUST BE.FULLY L
Drawn By & Mail To:
J. Scott Efud, Esq.
St. Amand & Efird PLLC
3315 Springbank Lane, Suite
Charlotte, NC 28226
THIS ACCESS EASI
into this 27th day of Deceml
limited partnership having an
AZ 85255 ("Owner"); and
having an address of PO Box
referred to individually as "Pa
FILED
UNION COUNTY, NC
cRYST%1L CRUMP
i REGISTE. OF DEEDS
FILED Dec 27. 2013
AT 01:28 pm
BOOK b6156
START PA E 0768
END PAGE 0773
INSTRUMENT # 42535
EXCISE TAX (None)
AH
;NT AGREEMENT (the "Agreement') is 'We and entered
2013, by and between by CDCG 3-MTHLP, a Delaware
ess of 8912 E. Pinnacle Peak Road, Suite F9�188, Scottsdale,
kNK W. HOWEY, JR., and wife ALISON S. HOWEY,
Monroe, NC 28111 ("Howev") (Owner and-Howey may be
and collectively as the "Parties").
A. Owner is the owner in fee simple of that certain real property Ibeated in Union
County, North Carolina and slhown as "Tract I" ("Tract I") on the subdivision plat entitled
"Subdivision Plat of Franklin b1 and Alison S. Howey Property" and recorded jn Plat Book M,
Pages 171 & 172 in the Union &unty Public Registry (the "Plat");
B. Howey is the
County, North Carolina and
C. Owner desires
access easement over that cc
Easement" on the Plat ("E
established below.
NOW THEREFORE, i
and other good and valuable
acknowledged, the Parties agre
1. Grant of Easement.
and assigns 'a nori-exclusive,
Easement Area for pedestrian
subject to the terms of this Agr
Aa Fasanmt (Pine Tops)
in fee simple of that certain real property 1 i ated in Union
as "Tract 2" ("Tract 2") on the Plat; and
grant and convey to Howey a thirty foot (30h) wide private
n portion of Tract 1 shown as "Proposed 30' Lid.
vate Access
nent Area") in accordance with the terms conditions
consideration of the recitals and agreements ntained'herein
Ansideration, the receipt and sufficiency of wl ch is hereby
as follows:
Amer hereby grants and conveys to Howey and their successors
erpetual. easement ("Access Easement") over 6d across the
and vehicular access, ingress,.and egress to and Tract 2
2. Prohibited Us6. Howey acknowledges and agrees to the folio ing restrictions
with respect to its exercise of the easement rights granted herein:
(a) No constructiofi equipment or heavy duty vehicle is permitted n the Easement
Area without Owner's prior wliitten consent.
(b) No parking or Storage of any equipment or materials is permitted on the Easement
Area
(c) Access of the Lement Area shall be performed in accordance th all applicable
laws, regulations and any co�cnants, conditions and/or restrictions. that Owner, may impose on
Tract 1 in the future.
For the avoidance of doubt, the above restrictions apply only to Howe , its successors,
assigns, agents, invitees, guelsts, contractors, employees and/or representativbs and shall not
apply to Owner or its successir or assigns.
3. Cost of Repairs. In the event that Howey, its successors, assigns, agents,
invitees, guests, contractors; l�employees or representatives cause any dams a to Tract 1 or
improvements thereon in coection with its exercise of the easements rights herein granted,
then Howey shall be responsible for all of the costs and expenses associated wit Owner's repair
of such damage: Howey shall remit payment for any such costs and expense within ten (10)
days following receipt of invoice.
4. Acknowledani6ts and Disclaimers. Howey acknowledges land agrees that
Owner does not make any repieseritations or warranties whatsoever with respect to the condition
of the Easement Area or suitability of the Easement Area for Howey's easement rights set forth
herein. In the event that the *ceess Easement or this Agreement requires any �etinits, consents
or approvals from any applicable governmental, quasi-govemmental or private entity, then
Howey shall be solely respon ible for obtaining any such permits, consents anillor approvals at
Howey's sole cost and expen. Further, in the event that the Access Easemeni is not permitted
by applicable law, then this Agreement, including the Access Easement shall .automatically
terminate and be of no f irtherlforce or effect.
5. Liability:Indemnity:
(a) Howey shall indemnify, defend (with counsel acceptable to Owner) and hold
harmless Owner, its members, managers, officers, agents, employees, affiliate, successors and
assigns,, for, from and against all liens, claims of lien, losses, fines, penalties, liabilities, claims,
demands, causes of action, costs and expenses (including, without limitation, reasonable
attorneys' and consultants' fees) arising in any manner, directly or indirectly;btitof or by reason
of: (a) the activities of and/or presence of Howey, its successors, assigns, agents] invitees, guests,
contractors, employees or representatives upon or about Tract l; (b) the exercisic of rights under
this Agreement by Howey, I its successors, assigns,. agents, invitees, guests, contractors,
employees or representatives; and (c) Howey's breach of. any of its oblig Itions under this
Agreement. `
Arras 13 a 1 Mat Tops)
(b) Howey acknowledges that exercise of the easement rights permitted by this
Agreement involves risks, including death, personal injury, property loss and property damage
and Howey hereby agrees t accept and assume all risks. HOWEY S L NOT HOLD
OWNER, ITS PARTNERS, MEMBERS, MANAGERS, OFFICERS, AGENTS,
EMPLOYEES, AFFILIATEtS, SUCCESSORS AND ASSIGNS, LIABLE FUR ANY LOSS,
INJURY OR DAMAGE *RICH MAY OCCUR TO HOWEY OR ITS PROPERTY
WHETHER SUCH LOSS, INJURY OR DAMAGE RESULTS I FROM THE
NEGLIGENCE OF OWNER, ITS PARTNERS, MEMBERS, MANAGE S, OFFICERS,
AGENTS, EMPLOYEES; AFFILIATES, SUCCESSORS ' AND ASSIGNS, OR
OTHERWISE, AND HOWEY HEREBY RELEASES AND DISCHARGE OWNER, ITS
PARTNERS, MEMBERS MANAGERS, OFFICERS, AGENTS, (EMPLOYEES,
AFFILIATES, SUCCESSORS AND ASSIGNS, FROM (AND COVENANTS NOT TO
SUE OWNER, ITS PARTNERS, MEMBERS, MANAGERS, OFFICERS, AGENTS,
EMPLOYEES, AFFILIA S, SUCCESSORS AND ASS)GNS, FOR). i SUCH LOSS,
INJURY OR DAMAGE OR ANY CLAIMS RELATED THERETO.
The terms of this Secti n 5 shall survive the termination of this Agreement.
6. Uses Not Inco sistent With Easement; Relocation of Easement. Owner may
use Tract I for any purpose tdat is not inconsistent with the easement rights granted hereunder.
Owner and its successors or assigns may develop or redevelop all or any portion 6f Tract 1 in the
future and that, in connection with such development or redevelopment, Owner or its successors
or assigns shall have the right {o construct roads, bridges or any other improvements over, under,
across or through the Easement Area and/or relocate the Easement Area so as to accommodate
such development. Howey Acknowledges and agrees that the Easement ' ikrea is in the
approximate location that Owner intends to construct a private roadway to serve Tract I (the
.Roadwav'1. In the event Owner causes the Roadway to be installed (without having any
obligation to do so), then the Easement Area shall automatically be relocated to the actual
location of the Roadway on Tract 1. The Parties acknowledge that such activities, including any
Easement Area relocation may emporarily interfere with the use and enjoyment 4 the Easement
Area but shall not constitute a default by Owner or its successors or assigns heie&der so long as
the Easement Area as modifieA or relocated still serves its original purpose as described in this
Agreement. I
7. Notices. Any (notice contemplated by this Agreement must The in writing,
addressed as provided above any either (i) sent by United States Mail, postage prepaid, registered
or certified mail, return receipt quested, in which case the notice shall be deem6d delivered on
the date it is accepted or reje ted by the addressee; (ii) sent by overnight d�livery using a
nationally recognized ovemighi courier, in which case the notice shall be dccmAd delivered on
the date it is accepted or reject�d by -the addressee; or (iii) sent by personal.de very, in which
case the notice shall be deemed delivered on the date it is accepted or rejected by, the addressee.
Any Party may change its addre s by giving the other Parties five (5) days adv. = i written notice
of the change.
Aa Emanmt(Pine Tops)
8. Miscellaneous
(a) Each Party's ri
binding upon and inure to the 1
person or entity.
(b) If a public roa
public right of way of Pots
automatically terminate.
(c) Invalidation of
Agreement.
(d) This Agreeme
relating to the subject matter
understandings, oral or writte
(e) Captions, title
convenience of reference only
Atcw Easement MW Tops)
and obligations hereunder shall run with the land and be
it of its successors in interest, and may not be assigned to any
is constructed that provides Tract 2 with diredt access to the
Road, then the Access Easement and this Agreement shall
provision hereof shall not affect any other provision of this
n
n
embodies the entire agreement and understandirig of the Parties
hereof and supersedes all prior representations, agreements and
relating to such subject matter.
to sections, and paragraph headings used herein are for
and shall not be deemed to limit or alter any provi ion hereof.
• [Signature Pages Follow]
I
IN WITNESS WHEREOF, the Parties -hereto have subscribed their names and affixed
their seals the day and year first bove written, all with authority duly given.
STATE OF NORTH CAROLI
COUNTY OF
I,
certify tl
(collectively, the "Signatory'
instrument.
I certify that the Signat
(I have persi
(I have seen
state or fede
_ a dn,
_ in th,
(a credible w
The Signatory acknowlt
document for the purpose states
Witness my hand and c
2013.
-0 (NOT
nags en=nmi (Pi= Tops)
FRANK W. HOWEY, JR.
ALISON
a Notary Public of
I FRANK W. HOWEY, JR. and wife
ersonally came before me this day and.
and State of
S. HOWEY
the foregoing
( personally appeared before'me this day, and
eck one of the following)
al knowledge of the identity of the Signatory); orl
itisfactory evidence of the Signatory's identity, by a current
I identification with the Signatory's photograph i the form of:
eck one of the following)
ar's license or
form of ); or
mess has swom to the identity of the Signatory).
Iged to me that he/she voluntarily signed the fore oing
therein and in the capacity indicated.
ficial stamp or seal this day of
Notary Public
Print Name:
[Note. Notary Public must sign exactly as c n notary seal)
My Commission Expires:
e SEAL) (MUST BE FULLY LEGIBLE)
I
I
Signature Page Anached to
Access Easement Agree=
CDCG 3 MTH LP,
a Delaware limited partnership
By: CDCG Asset Managemi
an Arizona limited liabi
its Authorized Agent
By: > /
Steven S. Benson, it;
STATE OF ARIZONA )
COUNTY OF MARICOPA 1. ; .:.:
The foregoing instrument was acknowledged before me this 9 day
2011, by STEVEN S. BENSgN, the manager of CDCG Asset Management,
limited liability company, the Authorized Agent of CDCG 3 MTH LP, a 1
partnership, for and on behalf t}tereof.
(SEAL)
Mr Commission Espies
LLC,
company,
k=bW-G
an Arizona
;ware limited
I
PREPARED BY AND WHE
Biskind Hunt, PLC
11201 N. Tatum Blvd., Suite
Phoenix, AZ 85028
Attn: Neil D. Biskind, Esq.
BY THIS Iy,IEMORAP
into as of the.?'r Tay of Dec
("Owner'), and MERITAGE
("Builder's, declare and agree
A. Owner owns t
and described on the attached
B. Owner granted
Builder and Owner dated as tl
the lots resulting from the subs
Agreement (the "Option").
RECORDED, RETURN TO:
FILED
UNION COUNTY, NC
CRYSTAL CRUMP
REGISTER OF DEEDS
FILED Dec 27, 2013
AT 01:28 pm
BOOK 06156
START PAGE 0774
END P GE 0778
INSTRI MENT# e
EXCIS i TAX Non
AH
JM OF OPTION AGREEMENT
(Pinetops)
JM OF OPTION AGREEMENT ("Memc
her, 2013, CDCG 3 MTH LP, a Delaware
WES OF THE CAROLINAS, INC., an J
follows:
certain real property located in.Union
obit "A" (the "Property"):
Builder, pursuant to that certain Option E
ate hereof (the "Option Agreement" ), the
;ion of the Property in accordance with the
r'), entered
partnership
corporation
Carolina
vent between
n to purchase
of the Option
C. The term of the option commenced upon the date hereof and shall expire January
31, 2017, unless earlier temvna!ted pursuant to the terms of the Option Agreement.
D. All of the otherl`I terms, conditions.and agreements contained within the Option
Agreement are fully incorporated. herein by reference as if fully set forth herein. This
Memorandum is not intended t4 change any of the terms of the Option Agreemen .
Coco 111\Mait&gcw*dmtc1osinsv.
I
IN WITNESSI WHEREOF, the parties have executed this
Option Agreement as of the d to first set forth above.
OWNER:
CDCG 3 MTH LP,
a Delaware limited partnership
By: CDCG Asset Managt
an Arizona limited Iii
its Authorized Agent
um of
LLC,
company,
By: � S /. ° (SEAL)
Steven S. Benson, itrs Manager
BUILDER:
MERITAGE HOMES OF THE
an Arizona corporation
By:
Name: _
Its:,:• ', :_
STATE OF ARIZONA
COUNTY OFMARICOPA
AS, INC.,
The foregoing instrument was acknowledged before me this I day of December,
2013, by Steven S. Benson, the manager of CDCG Asset Management, LLC, an Arizona limited
liability company, the Authorized Agent of CDCG 3 MTH LP, a Delaware liI ited.partnership,
for and on behalf thereof.
ur
CDCG
IN WITNESS \✓HEREOF, the parties have executed this M!morandum of
Option Agreement as of the dat4 first set forth above.'
OWNER:
CDCG 3 MTH LP,
a Delaware limited partnership
By: CDCG Asset Management, LL ,
an Arizona limited liability com any,
its Authorized Agent
By: I QikAL)
Steven S. Benson, its Manager
BUILDER:
MERITAGE HOMES OF THE CAPOLINAS, INC.,
an Arizona corporation
By: (, ` I (SEAL)
Name: Ak Aj E 2... E
Its: Vr F)N +cR_
STATE OF ARIZONA )
COUNTY OF MARICOPA )
The foregoing instrurhent was acknowledged before me this _ d y of December,
2013, by Steven S. Benson, t1le manager of CDCG Asset Management, LLC, an Arizona limited
liability company, the Authot�zed Agent of CDCG 3 MTH LP, a Delaware li i ited partnership,
for and on behalf thereof. f
(SEAL)
Coco III1MerimgelPinelopsOosing%Mcni.0 (2)
STATE OF ARIZONA
COUNTY OF Maricopa
The foregoing
by
an Arizona corporation, for
before me this
of MERITAGE HOMES OF THE
on behalf thereof.
My cdmmission expires
T,4A" M. KRNANDEZ
NWvy Puft - Arlimu
msocova county
• My Gomm. Expirn Apr 23, 2016
CDCG 1111MeriugelPinetopslCWng\Memo (2)
of December,
the
LIMAS, INC.,
S30NAORM M NYBIi
M111A - ail0u? y,xroM
yMuco 100311
81oS ,LC toA B,Ipx3 rtuna0 rfA\ . Y.
BEING all of "Tract I" as
S. Howey Property" and r
Registry.
CnCG a1\MeritwVgnCtmAC10mmgw=
EXHIBIT "A„
To
Memorandum of Option
DESCRIPTION OF PROPERTY
on the plat entitled "Subdivision Plat of Franklin W. and Alison
in Plat Book M, Pages 171 & 172 in the Uni�n County Public
e
' DEMLR USE ONLY
Date Received
Fee Paid
Permit Number
S W,3 c)
Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW -2008 ❑ Ph 11 - Post Construction
(select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ M mt Plan:
State of North Carolina
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Department of Environment and Natural Resources
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Division of Energy, Mineral and Land Resources
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STORMWATER MANAGEMENT PERMIT APPLICATION
FORMS
This form may be photocopied for use as an original
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1. GENERAL INFORMATION
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1. Project Name (subdivision, facility, or establishment name - should be consistent with
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Candella Subdivision (Pinetop)
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2. Location of Project (street address):
Potter Rd
City:Wesley Chapel County:Union
Zip:28104
3. Directions to project (from nearest major intersection):
From the intersection of Potter Road and Wesley Chapel Road, travel one mile west on Potter Road, project
a 21-) W, 15 U� `j S
4. Latitude:35° V 1.28" N Longitude:80° 41' 5.63" W of the main entrance to the project.
II. PERMIT INFORMATION:
1.a.Specify whether project is (check one): ®New ❑Modification ❑ Renewal w/ Modificationt
tRenewals with modifications also requires SWU-102 - Renewal Application Form
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit number , its issue date (if known) and the status of
construction: ❑Not Started ❑Partially Completed* ❑ Completed* 'providea designer's certification
2. Specify the type of project (check one):
❑Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from
DEMLR requesting a state stormwater management permit application, list the stormwater project number,
if assigned, and the previous name of the project, if different than currently
proposed,
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major ®Sedimentation/ Erosion Control: 54 ac of Disturbed Area
❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:
5. Is the project located within 5 miles of a public airport? QNo ®Yes
If yes, see S.L. 2012-200, Part VC htt :::: ortal.ncdennorg web/Ir rules -and -regulations
F.im sWU-101 Vvmiu Oct. 31, 2013 Page 1 of 6
III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/ Organization:Meritage Homes
Signing Official & Title:
b. Contact information for person listed in item la above:
Street Address:] 1605 North Community House Road, Suite 250
City:Charlotte State:NC Zip:28277
Mailing Address (if applicable):11605 North Community House Road, Suite 250
City:Charlotte
Phone: (704 ) 944-8906
Email:mark.sergent@meritagehomes.com
State:NC Zip:28277
Fax: (704 ) 944-8910
c. Please check the appropriate box. The applicant listed above is:
❑ The property owner (Skip to Contact Information, item 3a)
❑ Lessee` (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser' (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
® Developer` (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:CDCG 3 MTH LP
Signing Official & Title:Steven S. Benson - Manager of CDCG Asset Management LLC
b.Contact information for person listed in item 2a above:
Street Address:8585 Hartford Drive, Suite 200
City:Scottsdale State:Arizona Zip:85255
Mailing Address (ifapplicable):
City: State: Zip:
Phone: (602 ) 284-2227 Fax: ( )
Email:donna.ransom@cdcgrealestate.com
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact
Signing Official & Ti
b.Contact information for person listed in item 3a above:
Mailing
City:_
Phone:
Email:
4. Local jurisdiction for building permits: Union County
State:
Fax: ( )
Point of Contact:Mark Griffin Phone #: 70( 4 ) 283-3643
Form SWU-101 Version Oct. 31, 2013 Page 2 of 6
IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Stormwater runoff is conveyed to an on -site Wet Detention Pond for treatment.
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUDApproval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW —1995 ❑ Ph 11— Post Construction
3. Stormwater runoff from this project drains to the Catawba River basin.
4. Total Property Area: 90.70 acres 5. Total Coastal Wetlands Area: 0 acres
6. Total Surface Water Area: 0 acres
7. Total Property Area (4) —Total Coastal Wetlands Area (5) —Total Surface Water Area (6) = Total Project Area:
90.70 acres
Total project area shall be calculated to exclude Ilse followin the normal ool of itnyounded sh uchaes, the area
behoeen the banks of streams and rivers, the area below the Normal High Water (NNW) line or Mean High Water
(MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to
cah,ulate.overall petrertt. budi upon.area. (BLIA). Nottcoastalwetlands la»dwardof Sze NHW (or MHW) line nay
be included in the total project area.
8. Project percent of impervious area: (rotal Impervious Area / Total Project Area) X 100 = 17.9 °lo
9. How many drainage areas does the project have?l (For high densihj, count 1 for each proposed engineered
stormwmter BMP. For low density and otter projects, use 1 for the whole properhj area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Basin Information
Draina a Area 1
Drainage Area
Drainage Area
Drainage Area
Receiving Stream Name
Price Mill Creek
Stream Class "
C
Stream Index Number `
11-138-2-2
Total Drainage Area (sf)
2,583,108
On -site Drainage Area (sf)
2,580,058
Off -site Drainage Area (sf)
3049
Proposed Impervious Area" (so
554,220
Impervious Area" (total)
21.5%t,
Impervious— Surface Area
Drainage Area 1
Drainage Area _
Drainage Area _
Drainage Area _
On -site buildings Lots (s)
268,450
On -site Streets (sf)
239,877
On -site Parking (sf)
0
On -site Sidewalks (sf)
45,893
Other on -site (sf)
0
Future (sf)
0
Off -site (sf)
0
Existing BUA""" (sf)
0
Total (sf):
554,220
" Stream Class and Index Number can be determined at: luttp:yortal.ncdennor 171,eb zo [ps csa classi ucations
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, harking areas,
sidewalks, gravel areas, etc.
Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that
is to be removed and which Trill be replaced by new BUA.
11. How was the off -site impervious area listed above determined? Provide documentation. Aerial photography —
Farm BWU-101 V.,;i 1, pot. 31,'2013 Page of
Projects In Union County: Contact DEMLR Cenlral Office staff to check if the project is located within a Threatened &
Endangered Species watershed that maybe subject to more stringent .stormwater requirements as per 15A NCAC 02B .0600
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from h—ttP—.'LLpoIrtal.ncdenr.org/web/w ws su/bmp-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application
instruction sheet and BMP checklists are available from
http_/ Lportal.ncdenr.or web w_A/ws/sulstateswl forms dots. The complete application package should be
submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the
interactive online map at http_[Lportal.ncdenr org/_w_e_bL_wqLwsJ_suJ maps.)
Please indicate that the following required information have been provided by Jnitialing in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from httortal.ncdenr.ore web wq/ws/su/statesw-/ forms does.
Initials
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part Vhl below)
3. Original of the applicable Supplement Form(s) sealed, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
hUR-f/ www.envhelp.orgifpagesii onestopexpress.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/ management for
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within'/2 mile of the site boundary, include the V2
mile radius on the map.
7. Sealed, signed and dated calculations (one copy).
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including:
a. Development/ Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
I. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW fines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
Form S W U-101 Version Oct. 31, 2013 Page 4 of 6
9. Copy of any applicable soils report with the associated SHWT elevations (Please identify _
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5"x1l" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verifij the SHWT prior
to submittal, (910) 796-7378.)
10. A copy of the most current property deed. Deed book: 6156 Page No: 763
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC _
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact information, item la, 2a, and/or 3a per 15A NCAC 2H.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
littp://www.secretary.state.tic.us/Co porationsICSearch.aspx
VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be
provided as an attachment to the completed and notarized deed restriction form. The appropriate deed
restrictions and protective covenants forms can be downloaded from http:[/portal.ncdenr.or web/Ir/state-
stormwater-forms dots. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot.
VIIL CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer. Robert Reddick
Consulting Firm: The John R. McAdams Company, Inc
Mailing Address:11301 Carmel Commons Blvd, Suite 111, Charlotte, NC 28226
City:Charlotte Statc:NC Zip28226
Phone: (704 ) 527-0800 Fax: (704 ) 527-2003
Email:reddick@mcadamsco.com
IX. PROPERTY OWNER AUTHORIZATION (if Con tact Information, item 2 has been) illed out, complete this
section)
1, (print or hype name of person listed in Contact Infnrmation, item 2a) Steven Benson (see attached) certify that 1
own the property identified in this permit application, and thus give permission to (print or hype name of person
listed in Contact Information, item la) Mark Ser,Qent with (print or hjpe rime of organizzrtion listed in
Contact information, item 1a) Meritage Homes to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system.
Form SWU-101 Version Oct. 31, 2013 Page 5 of 6
As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back
to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and
submit a completed Name/ Ownership Change Form within 30 days; otherwise I will be operating a stormwater
treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility
without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement
action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature: QQ Aa Date:
1,I a Notary Public for the State of , County of
do hereby certify that personally appeared
before me this _ day of and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
My commission
X. APPLICANT'S CERTIFICATION
1, (print or hjpe name of person listed in Contact Information, item la) Robert Reddick
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable stormwater rules under 15A NCAC 2H .1000 and any other applicable state stormwater requirements.
Date:
1, . a Notary Public for the State of . County of
do hereby certify that
before me this _ day of
personally appeared
. and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
Form SWU-101 Version Oct. 31, 2013 Page 6 of 6
Storm Water Permit Application
Candella Subdivision (Pinetops)
March 29, 2014
CDCG 3 MTH LP,
a Delaware limited partnership
By: S� J
Steven S. Benson, the manager of
CDCG Asset Management, LLC, an
Arizona limited liability company, the
Authorized Agent of CDCG 3 MTH LP, a
Delaware limited partnership
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
�� N--, 2014, by Steven S. Benson, the manager of CDCG Asset
Management, LLC, an Arizona limited liability company, the Authorized Agent of
CDCG 3 MTH LP, a Delaware limited partnership, for and on behalf thereof.
Notary Public
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My commission expires
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DONNA RANSOM
Notary Public - Arizona
Maricopa County
ME Commission Expires
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