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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. Click or tap here to enter text. Click or tap here to enter text. Click 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 � �/,o�� �„ ��. �• �-- : � ;SITE J t e G edgefJol ch =% : 1 � o � � • � IN n �!�, �I �It>,�■ _ t7 ,r,�a K 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 \ \ a sa M.B. 1698, PG. 477 718.24720.82 x 720 88 721.90 \ \ PIN: 149-012-16 I � \ i 721.95 SS `Shed \ Shed \ \ I. NJJ'4a J0 E J52.J4'(R)` \ s 714.68x Concrete 7182133-40'36"E 332.17 \ \ - • ' 716.55 716. 4 - - - 72L2 722 �.._.._• NN 714.70 - - \ 5 714C/hai� n� link Fence 716.0/ 718.2 719.7 I LP ss 713.38x / `\\S\ \ 713.0� 713.06x / Concrete 14.07 714.48 \ \ \ \ 3.35 'n JAI 4.07x Karen Melissa Morrow \ s \ y o x D.B. 26350, PG. 421 \ I I 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: 149-012-11 723.47 723.67x / Fuel Tank O O Euel Tank Freeland Pork ?��6 Pas A \ A P� �. x Asphalt I I M.B. 1698, PG. 477 c P s 717.97 x PIN: 149-012-17 �OS�\ s H \ \ x� \ \ \ \ \ \ \ 71 a.9s \ 72o.sax I RIM 712.25 \ Concrete 1 IN- 98.60 721 .\ 72165 / %723.20 x� \\ - • - I \ 11 11 \\ �� 1 - - - - 711.67x \ - - \1 11 - N \'7i 99 1 \ I I II 720.14 720. \ 712.31x 712.6 X 1 \ 11 L0.18x o Concrete Asphalt 1 \ i I 720.31 0- 1 724.00 724 Ln 5 / X 724.07 717.54 x I I\ 718.95x I I I I I I 0 I I I I \ I I I II co II I II II IIo8 ��n` N„ I I II \ 72 ml N I A I I LP TBM> 717.84 \ I I Concrete I \ \ 711.07x N I I N I II \\ \ 720.03 I I x I I 719050 N I Presson Properties LLC w I N_ I I I I 716.30X \\/ / 20./5 72 N D B 32034 PG 691 I X I 2 EASEMENT - - Lot 13, Block BCb FENCE x Freeland Park I I \ GUARDRAIL M.B. 1698, PG. 477 - "'� \ \ PROPERTYLINE PIN: 149-012-23 I o I X \ I PROPERTY LINE (NOT SURVEYED) - ' ' - ' ' - ' ' - I °ol I \ \ \ I I RIGHT-OF-WAY ti I 1 I \ \ 717.78x \ I I RIGHT-OF-WAY (NOT SURVEYED) - - - - - - - 1 \ \ F I I v SETBACK 1 \ \ 1 I I CABLE TV LINE c I 1 X�. \ \ I I FIBER OPTIC LINE FO ? 1 1 71 6� 16 x \ I 22.9 GAS LINE G 1 1 x 1 \ I POWER LINE POWER LINE (UNDERGROUND) E UE 1 711.03x ^^ 1 1 I \ \ I \ I I 72P.7 723.0 As halt p 1 SANITARY SEWER PIPE STORMDRAINPIPE ss SD 1 \ (\ \ \ N I \ Gros STORM DRAIN PIPE > 12" ' I \ \ \ 61 I TELEPHONE LINE TELEPHONE LINE (UNDERGROUND) WATER LINE r- Ur W N / N / 6 x 1 / I ®GDP V18x I / �� \ ®GDP I \ I WOOD FENCE GDP TREE LEGEND: BCH-BEECH BRC - BIRCH BRAD - BRADFORD PEAR CED - CEDAR CHY-CHERRY CRP - CREPE MYRTLE DGW-DOGWOOD HIC - HICKORY HOL - HOLLY LOC - LOCUST MA - MAGNOLIA MAP - MAPLE PEC-PECAN PIN - PINE POP - POPLAR SYC - SYCAMORE WIN - WALNUT WLC - WILD CHERRY UTILITIES: 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 PIEDMONT NATURAL GAS CO. 1-800-752-7504 CABLE TELEVISION TIME WARNER CABLE 1-800-892-2253 ®GDP / I I ®GDP 723.� -� el + \ Storr) Drainage easement D.B. 2> 117, PG. 498 1GDP I I �n I \ \ / / I I \ I \N\ N \ \ 62 1s.24 +713aL Ed B of Asphalt / / X I 717.7 721.04 \ \ / 7 \anlink�Fence710.0 715I9 720.� Choi link Fe c1 \ 1/2" NIR �U S33 40'36 302.116' I E` �� 712.3x �� �Y 712.5x / / LP NbX40'30'E 502.16'(R) 708.41.de w r 723.6 1I II / // OOO N N I� / / 719.6x 11*�, oe NNW 1.I SSMH �.01 RIM=711.74 GRAPHIC SCALE 20 0 10 20 40 ( IN FEET ) 1 inch = 20 ft. O 0 Know what's below. Call before you dig. 80 / AIR TANK ° 27.2' HEIGHT=9.2' Shed 67.4' FFE=724.03 Pillar 13 Battery & Ignition Distributers Inc. D.B. 6112, PG. 743 Lot 10 & 11, Block B Tryclan Industrial Park M.B. 12, PG. 129 PIN. 149-012-09 Pillar CENTERLINE OF WALL E E I OUT=702.74 BIN-Scaleybard LLC D. B. 33226, PG. 6 I Lot 9, Block B GE• 11> 2 Tryclan Industrial Pork S3 PIN: 149 012-08 I S U 1` RV .� = a S v z A � s JAI s 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 o W n z Z m r- r z m 0 q > r I -Story Concrete Building 723. I I I I I I I I I I I I I I I I � N \ Concrete lin Fence 725.79 725.77 / - x _ 726.09 G7 \ \ E 1/2" AR GWJ71 E MWo 7 GATE MOTOR w U 725.67 x \ J Asphalt \ \ o \ � w \ � m 0 O 724.07 u a' 724.58 N v '25.22 cn w .8' N 34.7' \ a �25.a 24.13 724.09 725.5 .4 N FFE=724.18 724 „ Concrete 72 Ir` J 18", RAD 1 w I N I \ I j724.5x \ I � � I 18" ® AD I 1 Concrete \ LP E 1 ESE 72402 E E E E Building 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 DATE Grass 9e r 1.- 0? 724.31 N O O SIG y �J ti 0 o 0 PB 725.0x' w ® / p V J PM °724. a a / 6 NY O A / a 725.33 N 72 5.39 U7252 II Asphalt I 21 co 1 724.13 724.06 725.3 725.25 7zs.2s o I W 4 1 N N 24" BRAD 4 Na o 724.7 x \ w � \ o a o z w x 724.0 ...� 0 N 0 G> to Z3 � Gross N rn o wv we w \ � 724.8 x w SSMH RIM=725.86 OUT=717.83 U) J � N N � � N w r` X I fI E Asphalt N r Ca N X N N n Ln 0 �. � O C W N � ci � Nco, o I � / I I r � N N r, / N 1 I I I I 1 1 1 N N I / / I I I I \ \ 1 1 I 1 N I 0 I N 1 1 1 U, � I I I / N r ® /G' 18" BR \ GV J c G N ti `G 34.8' 5 ti x o s halt 724 7z4.; p 724.73 ?N 725�r C � � - � w \ ro v E E \ 151 " N E 724 . 724.9� E E 724.8I E E - G E EIR E E - V N I U O 726.06 726.07 I I I I 725.77 725.86 V IN I I I I I I I I V IN U I 725 ,' 5.25 I I I I 72`�.OS I I I I I I I 724.68 724.73 J IN J I J I N G� 724.88 724.91 I 724.72 X I 724.7s 724.64 Asphalt N A N O n E E I E E U Q N rn a M1 w Zml :!1 w V) w N w w N EN w SSMH RIM=724.20 JLP IN=712.20 CA0ESSIV. M FLOOD CERTIFICATION e THIS IS TO CERTIFY THAT THE SUBJECT PROPERTY IS NOT SEAL = o �, L-4542 LOCATED IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON = ° Yr�� MAPS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT �O AGENCY, FEDERAL INSURANCE ADMINISTRATION, DATED //�����Ew B�$A�����\ 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 1 r. t Vim_. lit / rJ/`k Google s NORTH CAROLINA r 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