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HomeMy WebLinkAbout22047_University Place Mall_O_UST 46402_NORP_202001232 1Z Blillll{IlllINI!111 Doc No 30014743 Recorded: 0112312020 11-57 04 AM Fee Aml: $26 00 Page 1 of 6 Orange County North Carolina Mark Chilton, Register of Deeds Bx 6643 PG 637 - 692 (6) rf747-/2-s7�QP NOTICE OF RESIDUAL PETROLEUM Chapel Hill Tire Release #2. Orange Coun North Carolina dffe name! The property that is the subject of this Notice (hereinafter referred to as the "Site") contains residual petroleum and is an Underground Storage Tank (UST) incident under North Carolina's Statutes and Regulations, which consist of N.C.G.S. 143-215.94 and regulations adopted thereunder. This Notice is part of a remedial action for the Site that has been approved by the Secretary (or his/her delegate) of the North Carolina Department of Environment Quality (or its successor in function), as authorized by N.C.G.S. Section 143B-279.9 and 14313-279.11. The North Carolina Department of Environment Quality shall hereinafter be referred to as "DEQ". NOTICE Petroleum product was released and/or discharged at the Site. Petroleum constituents remain on the site, but are not a danger to public health and the environment, provided that the restrictions described herein, and any other measures required by DEQ pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, are strictly complied with. This "Notice of Residual Petroleum" is composed of a description of the property, the location of the residual petroleum and the land use restrictions on the Site. The Notice has been approved and notarized by DEQ pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11 and has/shall be recorded at the Orange County Register of Deeds' office Book kU Page �q L (6 ) Any map or plat required by DEQ has been/shall be recorded at the orange_County Register of Deeds' office Book _%2,L, Page SL) and has been/shall be incorporated into the Notice by this reference. Source Pro e RRPV University Chanel Hill LP of Palm Beach Gardens. FL is the owner in fee simple of all or a portion of the Site, which is located in the County of Orange, State of North Carolina, and is known and legally described as: w-we-r4 V o 691VNA O L.SoAI H► p--r -F H i C&-MAA1 P C- S r,zt SVt) S6T-& t�G�t' lip 57JF- -Sol R-p- lx t t-. Pt ivL 2 1- (P o'-4- BEING ALL THAT CERTAIN TRACTOR PARCEL OF LAND LOCATED IN ORANGE COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A RIGHT OF WAY MONUMENT LOCATED ATTHE INTERSECTION ON THE WESTERN EDGE OF THE RIGHTOF WAY OF U.S.15-501 BYPASS AND THE NORTHEASTERN EDGE OF THE RIGHTOF WAYOF ESTES DRIVE, AND RUNNING THENCE WITH SAID RIGHTOF WAY OF ESTES DRIVE FOUR (4) CALLS AS FOLLOWS. (1) NORTH 81' 05' 29" WEST 94.50 FEET TO A RIGHT OF WAY MONUMENT; (2) IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 592.27 FEET, AN ARCDISTANCE OF 270.20 FEETAND A CHORD BEARING AND DISTANCE OF NORTH 68' 00'29" WEST 267.86 FEETTO A RIGHT OF WAY MONUMENT; (3) NORTH 54' 55' 29" WEST 1183.99 FEET TO A POINT; AND, (41 IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 662.27 FEET, AN ARC DISTANCE OF 153.67 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 61' 22' 38" W EST 153.34 FEET TO A POINT LOCATED IN THE NORTHEASTERN EDGE OF THE RIGHT OF WAY OF WILLOW DRIVE; THENCE WITH SAID RIGHT OF WAY OF WILLOW DRIVE TWO (2) CALLS AS FOLLOWS: (1) IN A NORTHEASTERLY DIRECTION ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1476,95 FEET, AN ARC DISTANCE OF 1525.00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 49' 26' 10" EAST 1458.16 FEETTOAPOINT;AND(2) IN AN EASTERLY DIRECTION ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1228.11 FEET, AN ARC DISTANCE OF 194.36 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 83' 07' 19" EAST 194.16 FEET TO A POINT, HAVING N.C. GRID COORDINATES (NAD 198310E NORTH = 793,540.735 AND EAST=1,992,386.347; THENCE LEAVING SAID RIGHT OF WAY OF WILLOW DRIVE, SOUTH 05' 35' 31" WEST 607.53 FEET TO A POINT; THENCE SOUTH 84' 24' 29" EAST350,00 FEET TO A POINT LOCATED IN THE WESTERN EDGE OF THE RIGHT OF WAY OF U.S. 15-501 BYPASS; THENCE WITH SAID RIGHT OF WAY OF U.S. 15-501 BYPASS THREE (3) CALLS AS FOLLOWS: (1) SOUTH 05' 35' 31" WEST 599.72 FEET TO A POINT (2) SOUTH 07' 07' 31" WEST 282.98 FEET TO A POINT; AND (3) SOUTH 08- 51' 31" WEST 257.07 FEET TO A POINT; THENCE LEAVING SAID RIGHT OF WAY OF U.S. 15•S01 NORTH 81' 08' 29" WEST 50.D0 FEET TO A POINT; THENCE SOUTH 08' 53' 31' WEST 50.00 FEET TO A POINT; THENCE SOUTH 81' as' 29" EAST 50.00 FEETTO A POINT LOCATED IN THE WESTERN EDGE OF THE RIGHT OF WAY OF U.S.15-501 BYPASS; THENCE WITH SAID RIGHT OF WAY OF U.S.15-501 BYPASS SOUTH 08'51' 31' WEST 20.75 FEET TO THE POINT AND PLACE OF BEGINNING, CONTAINING 39.405 ACRES, MORE OR LESS, ACCORDING TO PLAT OF SURVEY ENTITLED "ALTA/NSPS LAND TITLE SURVEY OF: 201 SOUTH ESTES DRIVE, CHAPEL HILL, NORTH CAROLINA 27514'. DATED MAY 29, 2018, PREPARED BY STEPHEN D. PUCKETT, REGISTERED LAND SURVEYOR. For protection of public health and the environment, the following land use restrictions required by N.C.G.S. Section 143B-279.9(b) shall apply to all of the above -described real property. These restrictions shall continue in effect as long as residual petroleum remains on the site in excess of unrestricted use standards and cannot be amended or cancelled unless and until the Oran a County Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of DEQ (or its successor in function). PERPETUAL LAND USE RESTRICTIONS Soil: The area of the Site designated as Non -Residential Land -Use Restriction Area on Exhibit A shall be used for industrial/commercial use only. Industrial/commercial use means a use where e-rposure to soil contamination is limited in time and does not involve exposure to children or other sensitive populations such as the elderly or sick. Tire real property shall not be developed or utilized for residential purposes including but not limited to: primary or secondary residences (permanent or temporar)), schools, daycare centers, nursing homes, playgrounds, parks, recreation areas and/or picnic areas. Exhibit A is recorded with the Orange County Register of Deeds as noted on the first page of the Notice. ENFORCEMENT The above land use restriction(s) shall be enforced by any owner, operator, or other party responsible for the Site. The above land use restriction(s) may also be enforced by DEQ through any of the remedies provided by law or by means of a civil action, and may also be enforced by any unit of local government having jurisdiction over any part of the Site. Any attempt to cancel this Notice without the approval of DCQ (or its successor in function) shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of the above restriction(s) shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto. IN WITNESS WHEREOF, has caused this Notice to be executed pursuant to N.C.G.S. Sections 1438-279.9 and 143B-279.1 I, this --day of ,20 220 RRPV Univers'tetuCha�el Hil By: RRPV Unive" Ch Hill G LLC, ils Pam By: Rrum Re Ity Aa , In V -L , ds M er fsrglnnlnreJ yn i (Title) Signatory's name typed or printed: ka r4 n O. &Ake L_ ,. Z`ww.t _.U, 4-,lncr *f)a r� e Q_. ai I;— COUNTY (Name orcounty in whkh acknowledgment was taken) I, 1p has H►, a Notary Public for said County and State, do hereby certify that I. v -S4*-4• personally came before me this day and acknowledged that he is YIP of v and acknowledged, on behalf of lair Vv fc. d 14the grantor the due execution of the foregoing instrument. IF WITNESS my hand and official seal, this the 1-3 6" day of (Official Seal) IssgnamrreofNotaryPublic) Aa-ar%_ , CA %mL-S -W&L (prrnted or typed manse of Notary Public) Notary Public N" Notary Public State of Flonds Ann E Colezanto My Cornmisltion GO 271915 My commission �iq Explr" 1012812022 expires: 'L Approveed� forthepurposes of N.C.G.S. 14313-279.1 l (signature of Regional IS en .sor) MA _ O&-1 , Regional Supervisor (printed name of Regional Sapen-isor) Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA \;1�` COUNTY (Name ofcouno, in which acknowledgment was taken) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that hS nsi�t ed the foregoing document: 14Nc y.i \7 ��� Uull printednameofRegionalSapen'tsar) �`G�►OI.E 9Z� t X ., — C ff vial Sea .4 (signature ofNolary Pnblic) �7 %L10 (printed or g ped name of Notary Pt ic) Ngo- Urt"t�+►�%` Notary Public My commission expires: F'XNn,Z�-1-- EXHIBIT A SURVEY PLAT 3 a.•nR 32stsa o �3�sS���R3 _ 3 ago � �R�sApes�;3 ag'Rny3,e',�� mP3y3�d9r •353"va4a4 a�e a• S n� zi :-3 f fq i if it THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. 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