HomeMy WebLinkAbout23055_Tryclan Drive_BPAMcGuireWoods LLP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel 704,343,2000
Fax 704.343.2300
www.mcgu irewoods.com
Amanda Kitchen Short
Direct: 704,343.2359
McGUIREW(JODS
September 13, 2019
VIA FEDERAL EXPRESS
AND ELECTRONIC MAIL
Bruce Nicholson
Shirley Liggins
NC Division of Waste Management
N.C. Brownfields Program
Attn: BPA
217 West Jones Street
Raleigh, North Carolina 27603
Re: Boulevard at 3631 Tryclan, LLC
3631 Tryclan Drive and 3700 Ellenwood Place, Charlotte, NC.
Brownfields Property Application
Dear Bruce and Shirley:
ashort�mcguirewoods
Direc[ Fax: 704.444.8861
On behalf of Boulevard at 3631 Tryclan, LLC, we are pleased to submit the enclosed
Brownfields Property Application package for property located at 3631 Tryclan Drive and 3700
Ellenwood Place in Charlotte, Mecklenburg County, North Carolina. We look forward to working
with you on this project.
Please note that some of the items required for the application are not included in this
package for the Ellenwood Place Parcel (0.236 parcel) because that contract was just executed. We
will submit those items as soon as they are ready.
If you have any questions regarding this application or need additional information, please
let me know.
Sincerely,
M/�cGuireWoods LLP
.
Amanda K. Short
Enclosures
cc: Chris Branch
Michael Bender
Atlanta I
Austin I Baltimore
I Charlotte � Charlottesville
I Chicago
� Dallas � Houston I Jacksonville � London � Los Angeles -
Century• Ciry
Los Angeles
- Downtown � New
York Norfolk I Pittsburgh
I Raleigh I
Richmond I San Francisco I Tysons � Washington, D.C. I
Wilmington, NC
101256846_I
Standard and Redevelopment Now Track
Brownfields Property Application
North Carolina Brownfields Program
https:Hdeg.ne.gov/about/divisions/Wastemmanagement/bf
I. PROSPECTIVE DEVELOPER (PD) CONTACT INFORMATION
{USE TAB KEY TO GET TO NEXT DATA ENTRY LINE — DO NOT USE THE RETURN KEY}
A. Prospective Developer
ENTITY NAME _
ENTITY MANAGER
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
BOULEVARD AT 3631 TRYCLAN, LLC
Christopher J. Branch
2100 Hastings Drive, Charlotte, NC 28207
chris.branch@blvdrea.com
704-604-5357
n/a
n/a
PD CONTACT ¢F DIFFERENT FROM ABOVV�___
REPRESENTATIVE Click or tap here to enter text.
EMAIL ADDRESS Click or tap here to enter text.
PHONE NUMBER Click or tap here to enter text.
B. Environmental Consultant (if applicable)
COMPANY NAME _
PROJECT MANAGER
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
HART & HIC1
PC
Nathan O'Leary
2923 South Tryon Street, Suite 100, Charlotte, NC 28203
oleary@harthickman.com
704-8874607
n/a
www.harthickman.com
C. Environmental Attorne�(if applicable)
FIRM NAME
ATTORNEY NAME
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
LLP
Amanda K. Short
201 North Tryon Street, Suite 3000, Charlotte, NC 28202
ashort@mcguirewoods.com
704-343-2359
704444-8861
https://www.mcguirewoods.com
II. SITE INFORMATION
A. Information regarding the proposed Brownfields Property:
HISTORIC NAME
_(IF AVAILABLEL
STREET ADDRESS
CITY
COUNTY
ZIP CODE
TAX ID(S) OR PIN(S)
ACREAGE
PAST USES)
CURRENT USES)
CONTAMINANTS AND
THEIR SOURCES)
Click or tap here to enter text.
3631 Tryclan Drive and 3700 Ellenwood Ylace
Charlotte
Mecklenburg
28217
14901209 and 14901223
1.450 and 0.236
Historically, the Site was undeveloped wooded land prior to 1938 until
the 1960s when the Site was cleared and graded for development. The
Site building was subsequently constructed in 1968. The Site was
initially occupied by Canteen Corporation which operated a vending
machine business through the late 1980s. Battery & Ignition
Distributors, Inc. subsequently purchased the Site and has operated an
automotive parts retail business since that time. Since the early to mid-
2000s, Battery & Ignition Distributors, Inc. has leased the southern
portion of the Site building to various automotive repair and service
businesses.
Auto service and repair/retail shop and vacant lot being used to store
towed cars
X On -property source(s)
Explanation: A note in DEQ files indicates that benzene was detected at
200 mg/L in groundwater near a former UST in the western portion of the
property. Potential impacts to soil and groundwater near the site building
are suspected due to historical automotive repair operations.
❑ Off -property source(s)
Explanation: Clicl< or tap here to enter text.
❑ Unknown source(s)
Explanation: Click or tap here to enter text.
❑ Contaminants have not yet been documented at the property
Explanation: Click or tap here to enter text.
B. Contaminated Media Table (If known or suspected check appropriate boxes below•1
Contaminant Surface Vapor
Types Soil Groundwater Water Private Wells Intrusion
o Chlorinated ❑ Known ❑ Known ❑ Known ❑ Known ❑ Known
Solvents: X Suspected X Suspected ❑ Suspected ❑ Suspected ❑ Suspected
as
° Petroleum (i.e.
❑ Known ❑ Known ❑ Known ❑ Known ❑ Known
y BTEX, PAHs): M Suspected X Suspected ❑ Suspected ❑ Suspected ❑ Suspected
�i
Contaminant Surface Vapor
Types Soil Groundwater Water Private Wells Intrusion
Other ❑ Known ❑ Known ❑ Known ❑ Known ❑ Known
VOCs/SVOCs: ❑ Suspected ❑ Suspected ❑ Suspected ❑ Suspected ❑ Suspected
Metals: ❑ Known ❑ Known ❑ Known ❑ Known
❑ Suspected ❑ Suspected ❑ Suspected ❑ Suspected
❑ Known
❑ Known ❑ Known ❑ Known ❑ Known ❑ Suspected
Mercury; ❑ Suspected ❑ Suspected ❑ Suspected ❑ Suspected
C. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.)
previously or currently assigned by any federal, state or local environmental regulatory agencies
for the property. The ID No's may include CERCLIS numbers, RCRA generator numbers for past
and present operations, UST database, Division of Water Quality's incident management
database, and/or Inactive Hazardous Sites Branch inventory numbers. (In many instances, the PD
will need to actively seek out this information by reading environmental site assessment reports,
reviewing government files, contacting government officials, and through the use of government
databases, many of which may be available over the internet.)
*To add additional items, select the + in the bottom right corner of the table.
REGULATORY AGENCY_ FACILITYAN_CIDENT NUMBER
CHOOSE AN ITEM. Click or tap here to enter text.
III. PROPOSED REDEVELOPMENT
A. What are the planned use(s) of the redeveloped brownfields property to which the PDwill
commit?
PROPOSED REUSE
❑ INDUSTRIAL
® OFFICE
® PARKING
® RETAIL
❑ WAREHOUSING
® COMMERCIAL
® MULTI -FAMILY
RESIDENTIAL
Click
or
tap
here
to
enter
text.
Click
or
tap
here
to
enter
text.
Click
or
tap
here
to
enter
text.
Click
or
tap
here
to
enter
text.
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or
tap
here
to
enter
text.
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or
tap
here
to
enter
text.
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or
tap
here
to
enter
text.
i.e. condos & apartments; no single-family
or townhomes
N RECREATIONAL
❑ INSTITUTIONAL
N OTHER
Click or tap here to enter text.
Click or tap here to enter text.
Townhomes and brewery
B. Check all of the
public benefits that will result from the property's redevelopment.
N JOB CREATION
N TAX BASE
N REVITALIZATION
❑ PRESERVED
INCREASES
OF BLIGHTED AREAS
GREEN SPACE
❑ PRESERVED
❑ AFFORDABLE/
❑ ENVIRONMENTAL
N EXPANDED USE
HISTORIC PLACES
WORKFORCE
CLEANUP ACTIVITIES
OF PUBLIC
HOUSING
TRANSPORTATION
❑ RENEWABLE
❑ PUBLIC
❑ DIRECTED
❑ CONSERVATION
ENERGY
HEALTH RISK
RESOURCES
EASEMENT
REMEDIATION--
Describe any additional public benefits below:
Click or tap here to
enter test.
In gauging public benefit, NCBP places great value upon letters of support from community groups
and local government that describe anticipated improvements in quality of Zife for neighboring
communities that the project will bring about. The inclusion ofsuch support letters with this
application is recommended and encouraged )
Special Note: Please describe all environment-fi•iendly technologies and designs PD plans to utilize
in its redevelopment strategy. For example, environment friendly redevelopment plans could include:
Leadership in Energy and Environmental Design (LEED) Certification, green building materials;
green landscaping techniques such as using drought resistant plants; energy efficient designs,
materials, appliances, machinery, etc.; renewable sources of energy, and/or recycling/reuse of old
building materials such as brick or wood.
The use of environment -friendly technologies will be considered during redevelopment.
IV. SITE MEETS STATUTORY BROWNFIELDS DEFINITION
(�'NCGS.130A-310.31.b Definition of a "Brownfields Property" or "Brownftelds Site')
A. Is the property abandoned idled or underusea t is ruture reaeveropmem nmuorcu a u c vwvc w_:
Explain: The 3631 Tryclan Drive property is occupied by an auto repair shop with ample space for
redevelopment within a quarter mile of a light rail station. The 3700 Ellenwood Place property is a vacant
lot used for a wrecker service. The property is significantly underused. The proposed redevelopment will
result in higher density on the site and will take the property to its highest and best use.
B. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale U.S.G.S.
topographic quadrangle map that shows the location of the property, clearly plotted, and that
measures at least an 8 % by I I inches. (Note: these maps can be purchased through the above
link, or often through retail outdoor recreation stores that can print out the relevant map. Often
environmental reports have location maps that use this type of map format as the base for its
location map.)
Is the required location map included with this application? ® Yes
C. Survey Plat; PD must provide a preliminary survey plat of the property with the Proposed
Brownfields Property boundaries clearly identified. At this stage of the brownfields process, one
or more existing survey plats from a previous property conveyance will suffice. (Before the
brownfields project enters the public comment phase of the brownfields process, the PD will be
required to submit a final brownfields survey plat which includes the information listed in the
brownfields Survey plat guidance.)
Is the required preliminaa survey plat included with this application? ® Yes
D. Legal Description: PD must provide a legal description with metes and bounds that matches the
Proposed Brownfields Property description on the plat.
Is the required preliminary legal description included with this application? ® Yes
E. Site Photographs: PD must provide at least one pre -redevelopment photograph of the property,
in electronic format, that shows existing facilities and structures. Electronic copies of
photographs should be emailed to: Shirley.LigginsQvicaemr.gov with a clear indication as
to which Brownfields Application they apply to.
Have electronic copies of the photographs been emailed to NCBP? ® Yes
Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP will
request that PD provide any and all existing environmental reports and data for the property in
electronic format. The brownfields process may be expedited if PD submits such reports/data
with this application.
Are any environmental reports/data being submitted with this application? ® Yes
Please provide the title date and author of each item being submitted:
*To add additional items, select the + in the bottom right corner of the table.
5
Environmental Reports
Report Prepared by Date
Phase 1 ESA — Commercial Property Hart & Hickman, PC September 13, 2019
V. PD APPLICANT MEETS STATUTORY DEFINTION OF PROSPECTIVE
DEVELOPER
(§NCGS.130A-310.31.b Definition ofa "Prospective Developer')
A. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):
C'li0(7�P; AiV IT4:YL
NAME
PERCENT OF
OWNERSHIP
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
CLICK OR'I'AP HERS TO ENTER TEh
at 3631 Tryclan Holdings, LLC
100%
Same as I.A. above
See above
See above
See above
B. Managers ofmanager-managed LLCs are required to execute all Brownfield documents for the
LLC; as to member -managed LLCs, state name of member who will sign these documents.
Christopher J. Branch
C. List all parent companies, subsidiaries and other affiliates:
PROPERTY OWNERSHII
---- ----- -- —
❑.PD OWNS PROPERTY
® PD DOES NOT OWN
PROPERTY
® PD HAS PROPERTY
UNDER CONTRACT
❑ PD DOES NOT OWN
OR HAVE THE
PROPERTY UNDER
CONTRACT
DATE OF PURCHASE Click or tap to enter a date.
CURRENT PROPERTY OWNER INFORMATION
NAME Pascal L. Watkins, Battery & Ignition Distributors, Inc.
ADDRESS 3631 Tryclan Drive, Charlotte, NC 28217
PHONE NUMBER 704-617-9646
EMAIL ADDRESS lynn.watkins@hotmail.com
DATE OF CONTRACT 5/9/2019
Choose an item.
If other, explain:The contract dated 5/9/19 is for 3631 Tryclan Drive. The contract dated 9/] 3/19 is for the
Ellenwood Drive Property. The property owners for the 3700 Ellenwood Drive are Presson Properties LLC,
102 Farm Knoll WY, Mooresville, NC 28117, Attn: Scott Presson at spresson@gmail.com, 704-9424948,
and SCP Property Holdings, LLC and Revocable Trust of Melinda Ann Presson.
D. Describe all activities that have taken place on the property since PD or PD's parents, subsidiaries
and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or operated at the
property (e.g., industrial, manufacturing or commercial activities, etc.). (Include a list of all
regulated substances as defined at NCGS § 130A-310.31(b)(11) that have been used, stored on,
or otherwise present at the property while those activities were conducted, and explain how they
were used.)
Not applicable
E. Brownfields Affidavit: PD must provide its certification, in the form of a signed and notarized
original of the unmodified model brownfields affidavit provided by NCBP, that it did not cause
or contribute to contamination at the property and that it meets all other statutory eligibility
requirements. (Note: The form to use for this affidavit is attached to this application. An
original hard copy of this affidavit must be filled out, signed, notarized and submitted with this
application)
Is the required affidavit as described above included with this application? ® Yes
F. PD Entity is registered with the North Carolina Secretary of State office. N Yes
VI. PD APPLICANT'S STATUTORY DEMONSTRATIONS/ADMINSITRATIVE
REQUIREMENTS (§NCGS.130A-310.32(a) regarding demonstrations made by prospective
developer.)
A. Current tax value of Brownfields property: $90Q900 for 3631 Tryclan Drive and $3Q000 for 3700
Ellenwood Place
B. Estimated�ital investment in redevelopment �roiect: $ approximately $12 million
C. Does PD have or can it obtain the financial means to fully implement a Brownfields Agreement
and assure the safe reuse of the property? Submit, in hard copy under a separate cover, supporting
documentation such as letters of credit, financial statements, etc.
Answer Explanation: Yes — the PD is a real estate development company with substantial
experience redeveloping Brownfields sites. The PD has sufficient cash reserves and other financial
resources to fully implement a Brownfields Agreement and assure the safe reuse of the property.
D. Does PD have or can it obtain the managerial means to fully implement a Brownfields Agreement
and assure the safe use of the property?
Answer Explanation: Yes — the PD has retained professionals, including Hart & Hickman to
perform assessments, and McGuireWoods LLP, who are experienced in Brownfields
redevelopment projects and implementation of Brownfields requirements. These professionals (i)
have significant experience with the Brownfields Program and the redevelopment of contaminated
properties, and (ii) are aware of the work and restrictions that are typically included in Brownfields
Agreements to assure the safe use of the property. The combination of these resources will ensure
7
successful implementation of a Brownfields Agreement and assure the safe use of the property.
E. Does PD have or can it obtain the technical means to fully implement a Brownfields Agreement
and assure the safe use of the property?
Answer Explanation: Yes — Please see our responses to Questions VI. C. and D. above. The PD
has the technical ability to fully implement a Brownfields Agreement and to assure the safe use of
the property. It has a range of engineering and environmental experience available to it.
F. Does PD commit that it will comply with all applicable procedural requirements of the NCBP,
including prompt paymentof all statutorily required fees? ® Yes
G. Has PD complied, if PD has had a prior project in the NCBP, with all applicable procedural
requirements of the NCBP, including prompt paymentof all statutorily required fees?
*To add additional items, select the + in the bottom right corner of the table.
PREVIOUS BROWNFIELDS PROJECTS
NCBP PROJECT NAME PD ENTITY BROWNFIELDS
NCBP PROJECT
ID NAME PROJECT MANAGER
1400940-60 West Tremont ! 330 West Tremont, J. Ghiold
2008646-60 [Chadbourn Mill (Faison-Chadbourn B. Schmithorst
_ Mill, LLC
WP Hawkins —
1903845-60 Dunavant Street Holdings, LLC C. Minnich
Boulevard at South
2202648-60 Jim Griffin Roofing M Mint, LLC J. Thompson
i
Boulevard at
2202348-60 1 Woodlawn Green Woodlawn Green, J. Thompson
LLC
~ � 2203348-60 Yorkshire Drive Boulevard at 3605 J. Thompson
j South Tryon LLC
Boulevard at 224 I
2005446-60 j Carolina Foundry West Tremont, LLC ! J. Thompson
VII. FEES
To produce a Brownfields Agreement, the Act requires that the developer pay fees to offset the cost
fi
to the Department of Environmental Quality and the Department of Justice. In satisfaction of the
Act, the following fees apply to a Brownfields Agreement, subject to negotiation of the Brownfields
Agreement. There is a Standard Fee Option and a "Redevelopment Now" Fee Option. For more
details, see our website, www.nebrownfields.orp,
Select one of the following fee options below:
The Standard Fee Option
a. $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application and affidavit; AND,
2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for
participation in the NCBP and continued negotiation of a Brownfields Agreement.
b. A second fee of $6,000 will be due from the PD prior to execution of the Brownfields
Agreement. Should the Prospective Developer choose to negotiate changes to the agreement
that necessitate evaluation by the Department of Justice, additional fees shall apply.
® Please check this box and initial below to indicate your application is under the
Standard Brownfields fee structure. Fee will be invoiced.
Initial
Date of Submittal
The Redevelopment Now Fee Option
a. A $30,000 fee due with this application (fully refunded if not found to eligible).
b. A Signed Fee Consent Document.
❑ Please check this box and initial below to indicate yo}tr application is under the
Redevelopment Now Program Option and your acknowledgement of the alternate fee
structure as outlined in the Redevelopment Now Fee Consent Document. Fee should be
submitted with this application,
t'licl. k,r trip hCrc to enter text
Initial
or tap to enter a date._
Date of Submittal
Other Potential Fees to be aware of in satisfaction of the statute:
c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an
additional fee of at least $1,000 for defraying costs to DEQ for addendum/modification.
d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees as appropriate.
0
Exhibits to Brownhelds Property Application for
BOULEVARD AT 3631 TRYCLAN, LLC
EXHIBIT A —LOCATION MAP
EXHIBIT B —PRELIMINARY SURVEY PLAT
EXHIBIT C —LEGAL DESCRIPTION
EXHIBIT D —SITE PHOTOGRAPHS
EXHIBIT E —ARTICLES OF ORGANIZATION
EXHIBIT F — BROWNFIELDS AFFIDAVIT
EXHIBIT G —ENVIRONMENTAL REPORT
o 'I�
GOS_ Y
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APPROXIMATE
N o 2ooN 4000
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
CHARLOTTE WEST, NORTH CAROLINA, 1996
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
TITLE
SITE LOCATION MAP
PROJECT COMMERCIAL PROPERTY
3631 TRYCLAN DRIVE
CHARLOTTE, NORTH CAROLINA
hart hiekman 2923 Souch Tryon street -suite 100
Charlotte, North Carolina 28203
704-586-0007(p)704-586-0373(I)
SMARTER ENVIRONMENTAL SOLUTIONS
DATE: 6-4-19 REVISION NO: 0
JOB NO: BOU-013 FIGURE: 1
LEGEND:
BFP - BACK FLOW PRE VENTOR
C&G - CURB & GUTTER
CB - CATCH BASIN
CI - CURB INLET
CMP - CORR UGATED METAL PIPE
CP - CALCULATED POINT
CPP - CORR UGATED PLASTIC PIPE
CIO - CLEAN OUT
D.B. - DEED BOOK
DI - DROP INLET
DIP -DUCTILE IRON PIPE
ECM - EXISTING CONCRETE MONUMENT
EIP - EXISTING IRON PIPE
EIR - EXISTING IRON ROD
EMM - EXISTING METAL MONUMENT
EN - EXISTING NAIL
EOG - EDGE OF GRAVEL
EOP - EDGE OF PAVEMENT
EU- END UNKNOWN
FC - FIRE CONNECTION
FH - FIRE HYDRANT
FP - FLAG POLE
FV - FIRE VALVE
GDP - GUARD POST
GLT - GROUND LIGHT
GM - GAS METER
GP - GATEPOST
GV- GAS VALVE
GW - GUY WIRE
HVAC - HEATING, VENTILATION, AIR COND.
HW - HEADWALL
ICY- IRRIGATION CONTROL VALVE
JBX - JUNCTIONBOX
IMP - LAMP POST
LP - LIGHT POLE
(M) - MEASURED
MBX - MAILBOX
M.B. -M APBOOK
MW - MONITORING WELL
N.G.S. - NATIONAL GEODETIC SURVEY
NIR - NEW IRON ROD
NN - NEW NAIL
O/HANG - OVERHANG
PB - POWER BOX
PIN- PARCEL IDENTIFICATION NUMBER
PM - POWER METER
PMH - POWER MANHOLE
PP - POWER POLE
PG. -PAGE
PVC - PLASTIC PIPE
(R) - RECORDED
R/W - RIGHT-OF-WAY
RCP - REINFORCED CONCRETE PIPE
RW - RETAINING WALL
SBB - BILLBOARD
SDMH - STORM DRAIN MANHOLE
SMP - MULTI -POST SIGN
SSMH - SANITARY SEWER MANHOLE
(T) - TOTAL
TB - TELEPHONE BOX
TERR. - TERRACOTTA PIPE
TMH - TELEPHONE MANHOLE
TSB - TRAFFIC SIGNAL BOX
TVB - CABLE TV BOX
WB - WATER BOX
WM - WATER METER
WSP -WATER SPIGOT
WV- WATER VALVE
LINE LEGEND:
I I
I I
I I
I. Presson Properties LLC
I D.B. 32034, PG. 691
Tryclan Industrial Pork
M. B. 12, PG. 129
Presson Properties LLC I PIN 149-012-12
D.B. 32034, PG. 691
Part of Lot 6, Block B I.
Freeland Park
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Lot 7 Block B SP�P\
Presson Properties LLC
D.B. 32034, PG. 691
Lot 12B, Block B
Tryclan Industrial Park
M.B. 12, PG. 129
PIN: 149-012-11
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HIC - HICKORY
HOL - HOLLY
LOC - LOCUST
MA - MAGNOLIA
MAP - MAPLE
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PIN - PINE
POP - POPLAR
SYC - SYCAMORE
WIN - WALNUT
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DUKE POWER ENERGY
1-800-777-9898
TELEPHONE
BELL SOUTH TELECOMMUNICATIONS
1-888-757-6500
WATER & SEWER
CHAR.-MECK UTILITYDEPT. (CMUD)
(704) 336-2564 WATER
(704) 357-6064 SEWER
GAS
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GPS CERTIFICATION:
I, ANDREW B. BAKER, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY
SUPERVISION FROM ANACTUAL GPS SUR VEYMADE UNDER MY SUPER VISIONAND
THE FOLLOWING INFORMATION WAS USED TO PERFORM THE SURVEY:
(1) CLASS OF SURVEY.• A(1:10,000)
(2) POSITIONAL ACCURACY: HORZ. NORTH=0.00045, EAST=0.0016, VERT. =0.005
(3) TYPE OF GPS FIELD PROCEDURE: REAL-TIME KINEMATIC
(4) DATES OF SURVEY.• 1012312017
(5) DATUM/EPOCH. NAVD 88, NAD 83
(6) PUBLISHED/FIXED-CONTROL USE: NGS MONUMENT "MCDOWELL"
(7) GEOID MODEL: GEOIDI2B(CONUS)
(8) COMBINED GRID FACTOR(S): 0.99984487
(9) UNITS: USSURVEYFEET
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ALTA/NSPS CERTIFICATION:
TO: BOULEVARD REAL ESTATE ADVISORS, LLC; CHICAGO TITLE INSURANCE
COMPANY
THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICHIT IS
BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL
REQUIREMENTS FOR ALTAINSPS LAND TITLE SURVEYS, JOINTLYESTABLISHED AND
ADOPTED BYALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 5, 6(a), 7(a), 7(b)(1),
7(c), 8, 9, 11 AND 13 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON
JUNE 11, 2019.
ANDREW B. BAKER, PLS (L-4542)
email: abaker@rbpharr.com
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FLOOD CERTIFICATION
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THIS IS TO CERTIFY THAT THE SUBJECT PROPERTY IS NOT
SEAL
= o �, L-4542
LOCATED IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON
=
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MAPS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT
�O
AGENCY, FEDERAL INSURANCE ADMINISTRATION, DATED
//�����Ew
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MAOPNUMBERI 3710453300K ZONE 'X'
I I I I I\\0
THIS IS TO CERTIFY THAT ON THE 1 1 TH DAY OF J U N E
20 19 ANACTUAL SURVEY WAS MADE UNDER
MY SUPERVISION OF THE PROPERTY SHOWN ON THIS PLAT, AND THAT THE
BOUNDARY LINES AND THE IMPROVEMENTS, IF
ANY, ARE AS SHOWN HEREON. THIS PLAT MEETS THE MINIMUM STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH
CAROLINA, BOARD RULE .1600 (21 NCAC 56) AND THE RATIO OF PRECISION
DOES NOT EXCEED AN ERROR OF CLOSURE OF
ONE (1) FOOT PER 10, 000 FEET OF PERIMETER SURVEYED NOR 20 SECONDS TIMES THE SQUARE ROOT OF THE NUMBER OF
ANGLES TURNED.
SIGNED
VICINITY MAP
NOT TO SCALE
LEGAL DESCRIPTION:
Lying and being situate in Mecklenburg County, NC, and being more particularly described as follows:
Being all ofLot(s) 10, 11, Block B, Tryclan Industrial Park, according to the plat thereof recorded in
Map Book 12, page 129, in the Office of the Register of Deeds of Mecklenburg County, NC.
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT NO: 19-10914CH, EFFECTIVE DATE: MAY 23, 2019 at 08: 00 AM
SCHEDULE B - II (EXCEPTIONS)
®Covenants, conditions, restrictions, easements, and liens provided for in instrument(s) filed for
record in Book 2610, page 77, and any related maps, plans, bylaws and other document(s) and
amendment(s), but omitting any covenants or restrictions, if any, based upon race, color, religion,
sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry,
or source of income, as set forth in applicable state or federal laws, except to the extent that said
covenant or restriction is permitted by applicable law. (MINIMUM BUILDING SETBACK
PLOTTED AS SHOWN HEREON)
< Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations
or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Map Book 12,
page 129, a revision of Map Book 11, page 247. (SEWER EASEMENT PLOTTED AS SHOWN
HEREON
6. Right(s) of way recorded in Book 2126, page 539. (SEWER EASEMENT PLOTTED AS SHOWN
HEREON)
< Storm Drain Easement to City of Charlotte recorded in Book 27117, page 498. (PLOTTED AS
SHOWN HEREON)
NOTES:
1. THIS PLAT IS NOT FOR RECORDATIONAS PER G.S. 47-30 AS AMENDED
2. ALL CORNERS MONUMENTED AS SHOWN.
3. NO RECOVERABLE NGS MONUMENT LOCATED WITHIN 2, 000 FEET OF SUBJECT
PROPERTY.
4. UNDERGROUND UTILITIES MAY EXIST THAT ARE NOT SHOWN HEREON. THE LOCATION
OF UNDERGROUND UTILITIES SHOWN ON THIS MAP IS APPROXIMATE, BASED ON
INFORMATIONPROVIDED BY OTHERS OR BYFIELD LOCATION. UTILITYLOCATIONSAS
SHOWNHEREONARE INTENDED FOR PLANNING ONLY. ACTUAL LOCATION, SIZE, OR DEPTH
OFLINE SHOULD BE VERIFIED WITH THE INDIVIDUAL UTILITY COMPANYBEFORE
CONSTRUCTION.
5. ELEVATIONS BASED ON N. G.S. MONUMENT "MCDOWELL ", ELEVATION = 681.79 FEET,
NA VD 88.
6. BROKEN LINES UNLESS THEYHAVE A METES AND BOUNDS DESCRIPTION, INDICATE
PROPERTY LINES NOT SURVEYED.
7. THE OFF -SITE RIGHT-OF-WAY SHOWN HEREON IS FOR ILLUSTRATIVE PURPOSES ONLY.
THE UNDERSIGNED CERTIFIES ONLY TO THE RIGHT-OF-WAYS SURVEYED, AND DOES NOT
CERTIFY TO THE RIGHT OF WAY WIDTH OF ANYADJA CENT PROPERTIES.
ZONING:
ZONING RESTRICTIONS AS PER ZONING ORDINANCE
SUBJECTPROPERTYZONED: I-1 &I-2
I-1 & I-2:
MINIMUM SETBACK: 20'
MINIMUM SIDE YARD: 0 OR 5' *
MINIMUMREAR YARD: 10'
MAXIMUM BUILDING HEIGHT.- 40'*
* - IN DISTRICT I-2, NO SIDE YARD IS REQUIRED, BUT IF ONE
IS PROVIDED, IT MUST BE A MINIMUM OF 5 FEET
** - A BUILDING IN THIS DISTRICT MAYBE ERECTED TO A
HEIGHT IN EXCESS OF 40 FEET, PROVIDED THE MINIMUM
SIDE YARD IS INCREASED I FOOT FOR EVERY 2 FEET IN
BUILDING HEIGHT IN EXCESS OF 40 FEET.
FOR FURTHER INFORMATION CONTACT THE
CHARLOTTE-MECKLENBURG ZONING DEPARTMENT AT
704-336-3569.
NOTE: SURVEYOR WAS NOT PROVIDED WITH ZONING
INFORMATION BY THE CLIENT PURSUANT TO ALTAINSPS
TABLE A ITEM 6. PURCHASER /DEVELOPER TO VERIFY
ZONING REQUIREMENTS PRIOR TO FURTHER
DEVELOPMENT OF THIS SITE.
PARKING:
NO MARKED PARKING SPACES ON
SUBJECT PROPERTYAT THE TIME OF
THIS SURVEY.
PARCEL AREA
63,341 SQ. FT. 1.4541 ACRES
PLOTTED: 6/28/2019
G:\90\1 \901 19\DWG\901 19.DWG
That certain tract or parcel of land situated, lying and being in the City of Charlotte,
County of Mecklenburg, State of North Carolina and being more particularly described
as follows:
BEGINNING at an existing 1.5 inch iron pipe on the southerly right-of-way margin of
Tryclan Drive (60 foot public RNV), said iron being the northwest corner of the property
of BIN-Scaleybark LLC (now or formerly) as described in Deed Book 33226, Page 6 in
the Mecklenburg County Public Registry (the "Registry"); thence with and along the
westerly boundary of aforesaid property of BIN-Scaleybark LLC S 33°40'36" W a
distance of 302.16 feet to a new 1/2 inch iron rod on the northerly boundary of the
property of Presson Properties LLC (now or formerly) as described in Deed Book
32034, Page 691 in said Registry; thence with and along aforesaid northerly boundary
of the property of Presson Properties LLC and continuing with the northerly boundary of
the property of Karen M. Marrow (now or formerly) as described in Deed Book 26350,
Page 421 in said Registry N 64°52'29" W a distance of 201.96 feet to a new nail, said
nail being the southeast corner of the property of Presson Properties LLC (now or
formerly) as described in Deed Book 32034, Page 691 in said Registry; thence with and
along the easterly boundary of aforesaid property of Presson Properties LLC N
33040'36" E a distance of 332.17 feet to a new 1/2 inch iron rod on the southerly right-
of-way margin of Tryclan Drive; thence with and along aforesaid southerly right-of-way
margin of Tryclan Drive S 56019146" E a distance of 199.71 feet to the point of
BEGINNING, having an area of 63,341 square feet or 1.4541 acres, more or less, as
shown on a survey prepared by R. B. Pharr & Associates, P.A., dated June 11, 2019
(Job No. 90119).
B33814 - P366
Exhibit A
BEING all
of Lot 13 in Block
B of FREELAND
PARK as shown on the map thereof recorded in
Map Book
1698 at Page 477 in the Mecklenburg
County,
North Carolina, Public Registry.
PIN: 14901223
Photograph 3: General view of the eastern edge of the Site facing south.
Photograph 4: General view of the automotive parts retail space.
41111 2923 S. Tryon Street, Suite 100 INDUSTRIAL PROPERTY
hart ^+ hickman Charlotte, NC 28203 3631 TRYCLAN DRIVE
704.586.0007(p) 704.586.0373(f) CHARLOTTE, NORTH CAROLINA
Photograph 5: 55-gallon drum of Fanox N 33 with used oil on top.
P
Photograph 6: Example of machinery in B&I Auto Machine shop.
2923 S. Tryon Street, Suite 100 INDUSTRIAL PROPERTY
hart ` ; -I hickman Charlotte, NC 28203 3631 TRYCLAN DRIVE
'- 704.586.0007(p) 704.586.0373(f) CHARLOTTE, NORTH CAROLINA
r
Photograph 7: 5-gallon buckets of oil bclow the degreasing machine.
Photograph 8: One of the two used oil ASTs. Staining is visible below the tank.
� 2923 S. Tryon Street, Suite 100 INDUSTRIAL PROPERTY
hart � '� h1CkmCin Charlotte, NC 28203 3631 TRYCLAN DRIVE
704.586.0007(p) 704.586.0373(Q CHARLOTTE, NORTH CAROLINA
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NORTH CAROLINA
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Department of of
To all Whom these presents shall come, Greetings:
I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
ARTICLES OF ORGANIZATION
OF
BOULEVARD AT 3631 TRYCLAN, LLC
the original of which was filed in this office on the 1 Oth day of September, 2019.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed my official seal at the Ciry of
Raleigh, this loth day of September, 2019.
can to verify online.
Certification# C201925301309-1 Refereuce# C201925301309-I Page: 1 of 3 Secretary of State
Verify Uiis certificate online at http://wwwsosnc.gov/verification
SOSID: 1890521
Date Ntiled: 9/10/2019 4:15:00 PM
Elaine F. Marshall
State of North Carolina North Carolina Secretary of State
Department of the Secretary of State C2019 253 01309
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles
of Organization for the purpose of forming a limited liability company.
1. The name of the limited liability company is: BOUIeVard at 3631 TryClan, LLC
(See Item lof the Instructions for appropriate entity designation)
2. The name and address of each person executing these articles of organization is as follows: (State whether each
person is executing these articles of organization in the capacity of a member, organizer or both by checking
all applicable boxes.) Note: This documentmust be signed by all persons listed.
Name
Kenneth J. Abner
Business Address
4521 Sharon Road, Sulle 250, Charlotte, NC 28211
3. The name of the initial registered agent is: Ch rlStOpher J. BranCh
Capacity
❑Member ❑� Organizer
❑Member ❑Organizer
❑Member ❑Organizer
4. The street address and county of the initial registered agent office of the litnited liability company is:
Number and Street2100 I'iaStingS �rlVe
c;ty Charlotte
State:NC Zip Code: 282�7 connty: Mecklenburg
5. The mailin address, if different from the street address, of the initial registered agent office is:
Number and Street
State: NC Zip Code: County:
6. Principal office information: (Selecteitlter a or b.)
a. � The limited liability company has a principal office.
The principal office telephone number:
The street address and county of the principal office of the limited liability company is:
Number and Street:
City:
BUSINESS REGISTRATION DIVISION
(Revised Augas(. 20/7J
State: _Zip Code:
P.O. BOX 29622
County:
Raleigh, NC 2762G-0622
Form 1.-01
Certification# C201925301309-1 Reference# C201925301309- Page: 2 of 3
The mailing address, if different from the street address, of the principal office of the company is:
Number and Street:
City:
State: Zip Code: County:
b. ❑✓ The limited liability company does not have a principal office.
Any other provisions which the limited liability company elects to include (e.g., the purpose of the entity) ere
attached.
8. (Optional): Listing of Company Officials (See instructions on the importance of listing the company officials in the
creation document.
Name Title Business Address
9. (Optional): Please provide a business a -mail address: Privacy Redaction
The Secretary of State's Office will a -mail the business automatically at the address provided above at no cost when a
document is filed. The a -mail provided will not be viewable on the website. For more information on why this service is
offered, please see the instructions for this document.
10. These articles will be effective upon filing, unless a future date is specified:
This is the � day of saprembar , 20 rg
Boulevard al J1 Tryclen, LLC
����
Si nature
Kenneth J. Abner, Organizer
Type or Print Name and Title
The below space to be used if more than one organizer or member is listed in Item #2 above.
Signature Signature
Type and Print Name and Title Type and Print Name and Title
NOTE:
1. Filing fee is $125. This document must be filed with the Secretary of State.
BUSINESS REGTSTRATION DIVISION P.O. BOX 29G22
(Revised August. 2077)
Raleigh, NC 27G26-0622
Fornn L-01
Certification# C201925301309-1 Reference# C201925301309- Page: 3 of 3
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: BOULEVARD AT 3631 TRYCLAN, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3130A-310.30, et. seq. ) AND COMPLIANCE
( h, i Ibp D(d)"being duly sworn, hereby deposes and says:
1. I am the
�
of Boulevard at 3631 Tryclan,
LLC.
I am fully authorized to make the
declarations contai
d herein
and to legally bind Boulevard at
3631
Tryclan, LLC,
2. Boulevard at 3631 Tryclan, LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields Act), in
relation to the following: Parcel Numbers 14901209 and 14901223 in Charlotte, Mecklenburg County,
North Carolina: 3631 Tryclan Drive and 3700 Ellenwood Place.
3. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Boulevard at
3631 Tryclan, LLC, and any parent, subsidiary or other affiliate, meets the eligibility requirements of
N.C.G.S. 3 130A-310.31(b)(10), in that it has a bonafrde, demonstrable desire to develop or redevelop,
and did not cause or contribute to the contamination at, the parcel(s) cited in the preceding paragraph.
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Boulevard at
3631 Tryclan, LLC meets the eligibility requirement of N.C.G.S.3130A-310.32(a)(1) in that it and any
parent, subsidiary or other affiliate have substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or other
affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or other
affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the environment.
Affiant further saith not.
BOULEV T 3631 TRYCLAN, LLC
By:
Printed Name:
Title: /un•
Date: dm1 i
to and subscrLibed before me this
day of �pIFIYI(a2r. 2019.
fErri� S � MAD OrU"�� 3 ` NOTARY
Printed Name =
My Commission Expires: 'I I lq fin 'OUBLIG