HomeMy WebLinkAbout22047_University Place Mall_O_UST 46404_Recorded NORP_20190723Doc No: 30003585
Recorded: 07/08/2019 04:37:13 PM
Fee Amt: $26.00 Page 1 of 4
Oranqe County North Carolina
Mark Chilton, Register of Deeds
BK 6618 PG 826 - 829 (4)
After recording, return to:
ATCMaureen Jackson
P.O. _ 5 �/-7 Q 7.,
P.O. Box 1393 So. Glens Palls, NY 12803 / p� -/
NTO TECE Off, RESIDUAL PETROLEUM
Circle K Store #2723102 (UST incident #46404) Orange County, North Carolina
(Site 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 14313-279.9 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 14313-279.11, 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. Sc: tiers 143B-279.9 and 143B-279 11 and has/shall be recorded at the Orange County Register
of Deeds' office Book , Page _
Any map or plat required by DEQ has been/shall be recorded at the Orange County Register of
Deeds' office Book , Page and has been/shall be incorporated into the Notice by this reference.
Source Property
RRPV University Chapel Hill LP c/o Ram gear Advisors 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:
Revised February 5, 2019
Being al that certain tract or parcel of land located in Orange County, North Carolina and more
particularly described as follows:
BEGINNING at a right of way monument located at the intersection on the western edge of the right of
way of U.S. 15-501 Bypass and the northeastern edge of the right of way of Estes Drive, and running
thence with said right of way of Estes Drive four (4) calls as follows: (])North 81 ° 05' 29" West 94.80
feet to a right of way monument; (2) in a northwesterly direction along a curve to the right, having a
radius of 592.2 7feet, an arc distance of 2 70.20feet and a chord bearing and distance of North 68' 00'
29 " West 267.86 feet to a right of way monument; (3) North 54° 55 ' 29 " West 1183.99 feet to a point;
and, (4) in a northwesterly direction along a curve to the left, having a radius of 682.27 feet, an arc
distance of 153.67 feet and a chord bearing and distance of North 61 ° 22 ' 38 " West 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 490
26' 10" East 1458.16 feet to a point; and (2) in an easterly direction along a curve to the right, having a
radius of 1228. H feet, an arc distance of 194.36.feet, and a chord bearing and distance of North 830 07'
19 " East 194.16 feet to a point, having VC. Grid Coordinates (1 ✓AD 1983) oy Norih = 793, 540. 735 and
East = 1,992,386.347; thence leaving said right of way of Willow Drive, .South 050 35'31 " West 607.53
feet to a point; thence South 840 24' 29 " East 350. 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 050 35 ' 31 "West 599. 72 feet to a point; (2) South 070 07' 31 "West 282. 98 feet to a
point; and (3) South 08051 ' 31 " West 257.07 feet to a point; thence leaving said right of way of U.S. 15-
501 North 810 08' 29" West 50. 00feet to a point; thence South 080 51 ' 31 " West 50.00 feet to a point;
thence South 810 08' 29" East 50.00 feet to a point located in 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 band 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 Orange County
Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of
DEQ (or its successor in function).
PERPETUAI, LAND IJSE RESTRICTIONS
Groundwater: Groundwater from the site is prohibited from use as a water supply. Water supply wells
of any kind shall not be installed or operated on the site.
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 DEQ (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.
Revised February 5, 2019
L.a.rt7 v-
IN WITNESS WHEREOF, 3o—r- ' has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-0.11, this ' '04" dCay of` `' ,2019. P
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a iikff i 9;, �.a Tdrs Mq a-
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(signature of re377onsibte party, attorney Vra&ke ent t�-isale)
(Title of agent for responsible party if there is one)
Signatory's name typed or printed: �e4 -Q L keoiiV e 3ayAe5L'�. T-4 ( e\-e.I V P
STATE
9dm &J? ' COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: Y) 0 T1 Ce L3 i o\.JQLL ee _l2,j
Date:
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n 0 pJ-7 11
(Official Seal
tate of Florida
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GG 285827022
My commission expires: —k cl — zz—
(signal of Noary Public)
printed or typed name of Notary Public)
Notary Public
Revised February 5, 2019