26007_Terminix II_BPA_2022.11.09

hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS
Via Email
November 9, 2021
NCDEQ — Division of Waste Management
Brownfields Program
1646 Mail Service Center
Raleigh, NC 27699-1646
Attn: Ms. Shirley Liggins
Re: Brownfield Property Application
Terminix Property
109-129 West Boulevard
Charlotte, North Carolina
H&H Project No. CKR-002
Dear Ms. Liggins:
On behalf of Design Center Phase II, LLC, please find the attached Brownfields Property
Application package for the above -referenced property located in Charlotte, NC. An electronic
copy of the environmental documents identified in Section IV. F. of the application are provided
via a ShareFile link.
Please note that a Brownfields Property Application was initially submitted for the Terminix
property (Parcel ID No. 12101411 — 129 West Blvd.) on September 4, 2020, and the project was
assigned Brownfields Project No. 24028-20-060. The attached application includes the property
at 129 West Blvd. and three additional parcels (Parcel ID Nos. 12101407, 12101409, and
12101410) located at 109-125 West Blvd., which are part of the existing DCC Apartments
Brownfields property (NCBP 19010-15-060).
The Prospective Developer would like to pursue a separate Brownfields Agreement for all four
parcels in the Redevelopment Now Program as discussed with Sarah Hardison Young in
September 2021. The $30,000 Redevelopment Now fee for this project was received by DEQ on
October 26, 2021.
2923 South Tryon Street, Suite 100 3921 Sunset Ridge Rd, Suite 301
Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com
704.586.0007 main 919.847.4241 main

Ms. Shirley Liggins
November 9, 2021
Page 2
If you have any questions or comments, please do not hesitate to contact me.
Sincerely,
Hart & Hickman, PC
�' ��
d
Bo Cappleman, PG
Due Diligence Manager
Enclosures
cc: Mr. Paul Devine and Mr. Scott Reffett, Childress Klein (via email)
Mr. David Klepser, Ms. Karen Geller, and Ms. Rachel Krenz, Ram Realty Advisors (via email)
Ms. Amanda Short, McGuire Woods (via email)
https:llharthick.shmepoint.comisites/MasterFiles-1/Shared Documents/AAA-Master Projects/CK RAM JV - CKR/CKR-002 129 West Blvd/Brcwnfields
Application/Revised/Cover Letter Brownfields Application.docx
14
hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS

Standard and Redevelopment Now Track
Brownfields Property Application
North Carolina Brownfields Program
https://deg.nc.gov/about/divisions/waste-management/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 DESIGN CENTER PHASE II, LLC
ENTITY MANAGER
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
Design Center Holdings, LLC
4801 PGA Boulevard
Palm Beach Gardens, Florida 33418
561-630-6110
561-630-6717
childressklein.com
ramrealestate.com
PD CONTACT IF DIFFERENT FROM ABOVE
REPRESENTATIVE Karen Geller; Rachel Krenz
EMAIL ADDRESS [e-mail]; [e-mail]
PHONE NUMBER 561-630-6110
B. Environmental Consultant (if applicable)
COMPANY NAME HART & HICKMAN, PC
PROJECT MANAGER
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
Bo Cappleman, PG
2923 South Tryon Street, Suite 100, Charlotte, NC 28203
[e-mail]
704-586-0007
704-586-0373
www.harthickman.com
C. Environmental Attorney (if applicable)
FIRM NAME
ATTORNEY NAME
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
McGuireWoods, LLP
Amanda Kitchen Short
201 N. Tryon Street, Suite 3000
Charlotte, NC 28202
[e-mail]
704-343-2359
704-444-8861
www.mcguirewoods.com
1

II. SITE INFORMATION
A. Information regarding theproposed Brownfields Property:
HISTORIC NAME TERMINIX
(IF AVAILABLE)
STREET ADDRESS
CITY
COUNTY
ZIP CODE
TAX ID(S) OR PIN(S)
ACREAGE
PAST USE(S)
CURRENT USE(S)
109-129 West Boulevard
Charlotte
Mecklenburg
28203
12101407, 12101409, 12101410, 12101411
1.15 acres
The property was developed with residences and associated garages as of
at least 1929. From at least 1951 until 1969, a warehouse building was
present in the western portion of the property. The warehouse building
was utilized by Terminix, a pest control company, in the late 1950s and
1960s. By 1971, the warehouse building was demolished, and the
property was redeveloped with the current commercial building at 129
West Boulevard. From approximately 1971 to the late 2010s, the building
at 129 West Boulevard was utilized by Newton & Newton as a window
shades, blinds, and draperies shop. One or more residences were present
on the property until at least the late 1990s. From at least the 1990s until
the mid-2010s, former residences in the central and eastern portions of the
property were used as offices.
The property is utilized for parking, construction equipment storage, and
as a construction office for the adjacent development project on the
southern portion of the DCC Apartments Brownfields property.
2

CONTAMINANTS AND
THEIR SOURCE(S)
N On -property source(s)
Previous occupants on the property include a former pest control company,
which operated in the 1950s and 1960s. Pest control operations during that
time period often included storage and mixing of environmentally -
persistent organochlorine and organophosphorous pesticides. The results of
recent assessment indicate the presence of pesticides and hexavalent
chromium in soil in the western portion of the property at concentrations
above DEQ screening levels. Pesticides and chloroform were also detected
in groundwater at concentrations above the North Carolina groundwater
standards.
N Off -property source(s)
Volatile organic compounds (VOCs) were detected in soil gas samples
collected on the property in July 2015 and September 2021. The source(s)
of the VOCs in soil gas are unknown but are likely located off -site.
❑ Unknown source(s)
❑ Contaminants have not yet been documented at the property
Petroleum and hazardous substances have also been identified on the
southern portion of the DCC Apartments Brownfields Property (NCBP #
19010-15-060; adjacent to the south) and multiple other properties in the
South End District. On -site migration of contaminants from these off -site
sources may be present on the property but have yet to be documented.
3

B. Contaminated Media Table. (If known or suspected, check appropriate boxes below:)
Contaminant
Soil Groundwater I Surface
private Wells Vapor
Types
Water
❑ Known ❑ Known ❑ Known
Intrusion
❑ Known ❑ Known
Chlorinated
Solvents:
❑ Suspected ❑ Suspected ❑ Suspected
❑ Suspected ❑ Suspected
0
�s
Petroleum (i.e. ❑Known
❑ Known
❑ Known
❑ Known
❑ Known
es
BTEX, PAHs): N Suspected
N Suspected
❑Suspected
❑Suspected
❑ Suspected
I N Known
❑ Known
❑ Known
Other N Known
❑ Known
(Pesticides): ❑ Suspected
N Known
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
�.
❑ Known
❑ Known
ElKnown
o
Metals:
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
❑ Known
QtQ
El Known
❑ Known
❑ Known
❑ Known
El Suspected
Mercury:
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
C. Regulatory l�ry 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
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 ofgovernment
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 FACILITYANCIDENT NUMBER
III. PROPOSED REDEVELOPMENT
A. What are the planned use(s) of the redeveloped brownfields property to which the
PD will commit?
PROPOSED REUSE DETAILS
❑ INDUSTRIAL
N OFFICE
N PARKING
multi -story office building is being considered
multi -story parking garage is being considered
N RETAIL I ground -level retail tenant spaces are being considered
.19

❑ WAREHOUSING
N COMMERCIAL
N MULTI -FAMILY
RESIDENTIAL
i.e. condos & apartments; no single-family
or townhomes
N RECREATIONAL
N INSTITUTIONAL
❑ OTHER
Other commercial uses such as a hotel, restaurants, a brewery,
etc. may be included in future.
high -density multi -story residential is being considered
not planned at this time but may be included in future
property use
not planned at this time but may be included in future
property use
B. Check all of the public benefits that will result from the property's redevelopment.
N JOB CREATION
N TAX BASE
N REVITALIZATION
N PRESERVED
INCREASES
OF BLIGHTED AREAS
GREEN SPACE
❑ PRESERVED
❑ AFFORDABLE/
❑ ENVIRONMENTAL
N EXPANDED USE OF
HISTORIC PLACES
WORKFORCE
CLEANUP ACTIVITIES
PUBLIC
HOUSING
TRANSPORTATION
❑ RENEWABLE
❑ PUBLIC
❑ DIRECTED
❑ CONSERVATION
ENERGY
HEALTH RISK
RESOURCES
EASEMENT
REMEDIATION
Describe any additional public benefits below:
The proposed high -density redevelopment of this site will provide several public benefits
including: 1) reduction in urban sprawl, 2) expanded use of public transportation as the site is less
than one block from a light rail station, and 3) significant tax base increase by redeveloping the
site into a high -density mixed -use project.
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 life 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 -friendly 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 PD will consider environmentally friendly redevelopment in their plans.
The proposed plan is for the building to seek green certification (LEED, NGBS, Energy Star, etc.).
Special focus for the site is on providing connectivity to the adjacent light rail and bike trail to
5

encourage not only use of public transportation but encourage bike ridership to the development.
All landscaping at the development will be designed around drought resistant plantings that
require minimal water.
IV. SITE MEETS STATUTORY BROWNFIELDS DEFINITION
(§NCGS. 130A-310.3 1. b Definition of a "Brownfields Property" or Brownfields Site')
A. Is the property abandoned, idled, or underused? Is future redevelopment hindered at the
roe
Explain: The property is located approximately 0.8 mile from Uptown Charlotte in an
area close to numerous office, retail, multi -family, and mixed -use development projects
and in close proximity to Charlotte's public light rail transportation system. Given the
recent economic expansion in the site area, the property is better suited for uses other than
its recent single -tenant, small-scale and low density office/retail operations. The PD
needs to ensure that the property can safely be used through the Brownfields Program,
and that it and future owners and occupants will have the protections and benefits
afforded by a Brownfields Agreement. The availability of financing for the
redevelopment of the property may depend on the property's entry into the Brownfields
Program.
B. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic quadrangle mqp hat shows the location of the property, clearly
plotted, and that measures at least an 8 %2 by I 1 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 preliminary 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 preliminM 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.Ligginsnncdenr.gov with a
clear indication as to which Brownfields Application they apply to.
Have electronic copies of the photographs been emailed to NCBP? ❑X Yes
2

F. 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.
Environmental
Date
lPhase I Environmental Site Assessment IHart & Hickman, PC [August 9, 2019
Environmental Site Assessment
Service Industries, Inc.
V. PD APPLICANT MEETS STATUTORY DEFINTION OF
PROSPECTIVE DEVELOPER
(§NCGS. 130A-310.3 1. b Definition of a "Prospective Developer')
A. Information regarding all parent companies, subsidiaries or other affiliates of PD
(attach separate sheet(s) if necessary):
MEMBER -MANAGED
Design Center Holdings, LLC
Percent of Ownership: 100
301 S. College St, Suite 2800, Charlotte, NC 28202
[e-mail]
704.342.9000
FAX NUMBER
MANAGER -MANAGED
30, 2015
B. Managers of manager -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.
Paul DeVine
C. List all parent companies, subsidiaries and other affiliates: Childress Klein Properties, Ram
Realty Advisors
PROPERTY OWNERSHIP
® PD OWNS PROPERTY DATE OF PURCHASE December 20, 2019 (Parcel ID No. 12101411) and
June 30, 2011 (Parcel ID Nos. 12101407, 12101409, and 12101410)
❑ PD DOES NOT
OWN PROPERTY
rl

❑ PD HAS
PROPERTY UNDER
CONTRACT
❑ PD DOES NOT OWN
OR HAVE THE
PROPERTY
UNDER
CONTRACT
If other, explain:
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.)
An affiliate of the PD purchased the central and eastern parcels at 109-125 West Boulevard
(Parcel ID Nos. 12101407, 12101409, and 12101410) on June 29, 2011. Since the time of
purchase, the central and western parcels have been used for parking, a construction storage
lot, and a construction office. The PD purchased the western parcel at 129 West Boulevard
(Parcel ID No. 12101411) on December 20, 2019. Newton & Newton used the western parcel
as a window shades, blinds, and draperies shop until 2020. Subsequently, the western parcel
has been used as a construction storage lot and construction office.
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. ❑X 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: $3,155,300
B. Estimated capital investment in redevelopment project: $80,000,000
2

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.
Yes. Childress Klein and Ram Realty Advisors, managers of the PD entity, are experienced real
estate developers whose portfolio includes over $2 billion in investment transactions, including
transactions involving environmentally impacted properties and the North Carolina Brownfields
Program. The companies are financially sound and is capitalized to complete the redevelopment
of this property. The PD is confident that its application for (and eventual execution of) a
Brownfields Agreement will facilitate the financing of the property. The financing of the property
will provide the financial means to implement the Brownfields Agreement.
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?
Yes. Childress Klein and Ram Realty Advisors have extensive experience managing real estate
projects for over 35 years. In addition, the PD has retained professionals, including
McGuireWoods and Hart & Hickman, PC, both of whom are experienced in Brownfields
redevelopment and the implementation of Brownfields requirements in particular. These
professionals (i) have significant experience with the NC Brownfields Program and the
redevelopment of challenged properties, and (ii) are aware of the work and restrictions that are
typically included in Brownfields Agreements to assure the safe use of property. The combination
of these resources will assist in the successful implementation of a Brownfields Agreement and
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?
Yes. Please see our responses to Questions VI.0 and VI.D, above. With the help of consultants
and legal counsel, the PD has the technical ability to fully implement a Brownfields Agreement
and to assure the safe use of the property. In particular, the PD has retained Hart & Hickman, PC
to manage the technical aspects of both this application and the implementation of an eventual
Brownfields Agreement (including technical "work to be performed"). Hart & Hickman has
worked on numerous Brownfields projects in North Carolina and is thoroughly familiar with the
technical aspects and requirements of the Brownfields Program. The PD has retained
McGuireWoods, LLP to assist with the legal aspects of the Brownfields Agreement.
F. Does PD commit that it will comply with all applicable procedural requirements of the
NCBP, including prompt payment of 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 payment of all statutorily
required fees?
*To add additional items, select the + in the bottom right corner of the table.
�61

PREVIOUS BROWNFIELDS PROJECTS
NCBP
NCBP
PD ENTITY
BROWNFIELDS
POJECT ID
PROJECT
NAME
PROJECT
NAME
MANAGER
19010-15-060
DCC Apartments
DCC Parcel B Plus
LLC and Design
Joselyn Harriger
Center Carolinas
LLC (special
purpose entities of
Ram Realty
Advisors LLC)
22009-18-060
Charlotte Naval Ammo
Arrowood Land
Bill Schmithorst
Depot
Investors, LLC
(special purpose
entity of Childress
Klein)
RRPIV 2250
19038-15-060
Dunavant Street
Hawkins JV, LLC
Carolyn Minnich
RRPIV South Tryon
22007-18-060
South Tryon Commercial
Charlotte, LP
Bill Schmithorst
Camden Square 2nd
Design Centers Carolinas
09060-OS-060
Amendment
LLC
Tony Duque
22047-18-
Ram Realty
06822047-18-068
University Place Mall
Acquisitions V LLC
Haley Irick
RRPIII Lakeview
19021-15-032
Lakeview Residences
Durham Resi LLC
Joe Ghiold
07005-03-060
Bouligny Site (Amended
RRPIV Noda Sag JV LLC
Carolyn Minnich
6/16/15)
24060-20-032
Erwin Oil Company
Ram Acquisitions V LLC
Holly Samaha-Smith
24043-20-060
Gas Fired Products
Ram Acquisitions V LLC
Jordan Thompson
10

VIL FEES
To produce a Brownfields Agreement, the Act requires that the developer pay fees to offset
the cost 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.ncbrownfields.ora.
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 followingoccur:
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 your 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.
Initial
9120Z1
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.
11

North Carolina Brownfields Program
Redevelopment Now
Fee Consent Document
I, the undersigned, am the authorized agent of Design Center Phase I1, LLC (`'Prospective Developer"),
who seeks to engage the North Carolina Brownfields Program ("Program") to develop a Brownfields
Agreement under N.C.G.S. 130A-310.30, et seq. for the following property:
Historic Site Name: Terminix
Street Address: 109-129 West Boulevard
City: Charlotte
Zip Code: 28203
County: Mecklenburg
Prospective Developer is herewith paying a $30,000.00 fee to the Program, by check payable to
"NCDEQ," in satisfaction of a Prospective Developer's obligations under N.C.G.S. 130A-
310.39(a). Prospective Developer understands that payment of this fee entitles Prospective
Developer to expedited Program review of technical documents and processing of a draft
Brownfields Agreement and ancillary documents regarding the project in question.
Prospective Developer further understands that payment of this fee in no way guarantees
successful completion of the Brownfields process regarding the project.
I understand that, pursuant to payment of the fees, the Program shall handle the subject project
under the Program's expedited processing provisions, with appropriate staff resources, so long as
Prospective Developer is engaging in the process in good faith and complying with the Program's
procedures.
Should the Program determine that the resources required to complete the brownfields process in
regard to the subject project ever exceed the fee set forth herein due to unforeseen technical,
administrative, or regulatory complexities, the Program may (1) remove the project from the
expedited processing program and return it to standard processing status, or (2) expend resources it
deems reasonable seeking to negotiate an additional fee that the Program deems sufficient to
complete the Brownfields process in regard to the project.
Disclaimers:
1) The Program makes no promises or claims that payment of the subject fee will result in successful completion of
the Brownfields process regarding this project.
2) Public comment shall be solicited pursuant to N.C.G.S. 130A-310.34, and may affect the outcome of the Brownfields
process regarding this project, including without limitation its timing and/or provisions/features of the Brownfields
documents and plat.
Prospective Developer: Design Center Phase Il, LLC
Mailing Address: 301 S. College Street, Suite 2800, Charlotte, NC 28202
By: &e0 D `11I20Z.j
Name typed or printed: Paul Devine Date
Title typed or printed: Partner
12

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRANI
IN THE MATTER OF: Design Center Phase 11, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3 130A-310.30, et. seq. ) AND COMPLIANCE
Mr. Paul DeVine, being duly sworn, hereby deposes and says:
1. I am Partner of Design Center Phase II, LLC.
2. I am fully authorized to make the declarations contained herein and to legally bind
Design Center Phase II, LLC.
3. Design Center Phase Il, 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 12101407, 12101409, 12101410, and 12101411 parcels in
Charlotte, Mecklenburg County, North Carolina: 109-129 West Boulevard.
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
Design Center Phase II, 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 bona fide, demonstrable desire to
develop or redevelop, and did not cause or contribute to the contamination at, the parcel(s) cited in
the preceding paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
Design Center Phase Il, 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
enviro ent. Affiant further saith not.
4(VA�j/po,&�
Signature/Printe Name Date
Sworn to and subscribed before me
this, �+h day of NnV6 n6&r , 20 a .
9�AAl A Notary Public
My commission expires:
�eAlo)ary Public�0�'�--
Q Mecklenburg -4 -_
County —
My omm, Exp.
13

Attachment A
Site Location Map

I'W '
- - a
o i
SITE
feth
e I f Avr
APPROXIMATE
N o 200o a000 SITE LOCATION MAP
TERMINIX
SCALE IN FEET 109-129 WEST BOULEVARD
CHARLOTTE, NORTH CAROLINA
CHARLOTTE EAST, NORTH CAROLINA 1991 2923 S. Tryon Street, Suite 100
hart hickman Charlotte, NC 28203
U.S.G.S. QUADRANGLE MAP 704.586.0007(p) 704.586.0373(o
7.5 MINUTE SERIES (TOPOGRAPHIC)
DATE: 10-14-21 REVISION NO: 0
JOB NO: CKR-002 ATTACHMENT A

Attachment B
Preliminary Survey Plat

I hereby certify to DCC Parcel B Plus, LLC; WELLS FARGO BANK, NATIONAL ASSOCIATION its
successors and assigns; Design Center Holdings, LLC; Design Center Phase Il, LLC; and
Chicago Title Insurance Company:
rLQ This is to certify that this map or plat and the survey on which it is based were made
WEsr D ter— in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land
Title Surveys, jointly established and adopted by ALTA and NSPS, and includes items 1, 2, 3,
c and 18 of Table A thereof.
4, 6O, 7Ca), 7(b)(1), 7 C), 8, 9, 11 13 16 17,
1\� �~ The field work was completed on August 22, 2019.
q ro,V p�v Date f Plat or Map:�i�l��llj�j����
DOGGETT � N . 's Si •• � /i
ST. c,� ��� approx.R/W (not surveyed) ! l
—�� overnent edge Point of Beginning 8 9•r
W. REMONT AVE. J -�--- Tract 2 A.K.A. = = S� -=
o ( An rew G. Zoutewelle, N.C. PLS L-3098 L-3098
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F J R W (M,B. 209 40) N 30 3 , 79�85(�Z — TN ail (f)�`�
® 14�0 7>, 50 Publkc / 20 17i�li!!!�
Vicinity Map `� N 30 241 E 1
9.98' tie} end of gas
Markin s cur cut N a i l (f) , a
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4' a cin step
curb cut 63'8' * 0 �� General Notes
L E G E N D
ch.
chord
L,R
curve length & radius
s.f.
square feet (by coordinates)
IPS
iron pin set
IPF
iron pin found
PKS
P.K. Nail set
PKF
P.K. Nail found
conc.
concrete
a/c
air conditioner
MB, DB
record map and deed references
-<-
light pole
PP
power pole
0
gas valve
E--
guy anchor
❑
catch basin
®
water meter
1�4
water valve
fire hydrant
(D
sanitary sewer manhole
0
sanitary sewer clean —out
telephone manhole
Q
electric manhole
—G—
underground gas line
—UT—
underground telecomm. line
—W—
water line
—SS—
sanitary sewer line
—UE—
underground electric
monitoring well
-a
sign
9
bollard
®
utility duct bank stub —out
©
parking meter
°i 1 is temporary aia kU� „�.. ___ -- r / / / / 113
x fence _ r o' a
construction - �' `'
AZI
l e TOD—CC 16 spaces construction parking 4 spaces
"_Nebel 1 LINE
>>
1 e 1 ZONING BOUNDARY IRF V
— tax arcel line UMUD 11 spoces
J p meter
�1
Z meter � y
I
k _ N No Buildings--
GPS METADATA NOTE
(1) Class of Survey: "A" (horizontal) "C" (vertical)
(2) Positional Accuracy: Horizontal; 0.08 feet, Vertical; 0.08 feet
(3) Type of GPS field procedure: RTK Network (VRS)
(4) Date of Survey: July 25, 2016 .
(5) Datum/Epoch: NAD-83 (2011)(Epoch: 2010.0000)
(6) Published/Fixed—control used: NCGS RTK (CORS) Network
(7) Geoid Model: GEIOD_12B
(8) Units: U.S. Survey Foot
Vertical datum is NAVD88
All distances shown hereon are horizontal ground distances.
Average combined grid factor 0.999842889.
r4t w —
11
approx. R/W (not surveyed) Ln II
M li
n kl
35'08'43" E
10.02'(tie)
60' Public R/W per GIS
24" RCP
T T T T -T — r— 117 —
on -street parking ?? 24" RCP
approx. R/W (not surveyed)
*** CAUTION ***
THERE MAY BE UTILITIES OTHER THAN THOSE SHOWN.
THE SURVEYOR ASSUMES NO RESPONSIBILITY FOR UTILITIES
NOT SHOWN HEREON. IT IS THE CONTRACTOR'S
RESPONSIBILITY TO VERIFY THEIR LOCATIONS.
drivewaY
Sheet 1 of 2
Revised 09-09-19:
Address
attorney comments.
Revised 09-13-19:
Add
surveyed legal
descriptions.
Revised 09-17-19:
Add Points
of Beginning.
Web Site: "ogzoutewelle.com"
E—mail: "Zoutewelle0carolina.rr.com"
� A.G. ZOUTEWELLE I
SURVEYORS
1418 East Fifth 5t. Charlotte, NC 28204
Phone: [phone] Fax: [phone]
Firm Licensure Number C-1054
1.) Source of Title recorded in Deed Book 33062 Page 890, Book 33062 Page 896
and Book 3226 Page 190.
See also plats recorded in Map Book 37 Page 127, Map Book 209 Page 409
and Map Book 332 Page 96.
2.) This survey is based on Chicago Title Insurance Company Commitment Number
19-12184CH doted July 17, 2019, Revision 3 [August 28, 2019] and Number
19-12185CH dated July 17, 2019, Revision 1 [August 1, 2019]. See the following
survey —related Schedule B—II exceptions:
Commitment No. 19-12184CH:
Matter(s) shown on plats recorded in Map Book 209 Pages 408 and 409; and
Map Book 332 Page 96. (Old lot lines and alley are shown hereon).
® Matter(s) shown on plots recorded in Map Book 37 Page 127 (As to Parcel C).
(Building setbacks and access easement are shown hereon).
® Notice of Brownfields Property recorded in Deed Book 31771 Page 346. In connection
therewith Survey Plot to Exhibit B of the Notice of Brownfields Property recorded in
Mop Book 61 Page 144. (Affects subject property but no plottable items).
O INTENTIONALLY DELETED.
10 Easement Agreement recorded in Deed Book 9567 Page 27. (As to Parcel C).
(Pedestrian and Vehicular Access Easement as shown hereon).
11 Terms and Conditions of that Parking Easement Agreement recorded in Deed Book
31703 Page 589. (Appurtenant easement for the use of parking spaces in off —site
parking deck; off —site parkingdeck is not shown hereon).
12 INTENTIONALLY DELETED
Commitment No. 19-12185CH:
QAny right, easement, setback, interest, claim, encroachment, encumbrance, violation,
variations or other adverse circumstance affecting the Title disclosed by Plat(s)
recorded in Map Book 209 Pages 408 and 409 and Mop Book 332 Page 96.
(Old lot lines and alley are shown hereon).
O9 Notice of Brownfields Property recorded in Deed Book 31771 Page 346. In connection
therewith Survey Plat to Exhibit B of the Notice of Brownfields Property recorded in
Map Book 61 Page 144. (As to Parcel B and Parcel C). (Affects subject property
but no plottable items).
10 INTENTIONALLY DELETED
12 Terms and conditions of that Parking Easement Agreement recorded in Deed Book
31703 Page 589. (Appurtenant easement for the use of parking spaces in off -site
parking deck; off —site parking deck is not shown hereon).
14 INTENTIONALLY DELETED
3.) The total area of the subject property is 2.4432 acres (or 106,426 S.F.), by
coordinate computation.
TRACT 1 = 56,489 S.F. (or 1.2968 Ac.)
TRACT 2 = 49,937 S.F. (or 1.1464 Ac.)
4.) Based on the U.S. Department of Housing and Urban Development, Federal Insurance
Administration Flood Hazard Boundary Map, Community Panel No. 3710454300L dated
September 2, 2015, the subject property is not located within a special flood hazard
area, according to the map.
5.) Underground utilities shown were located from the following: observed above—
ground structures, Charlotte Water customer service maps and point markings provided
by the NC ONE —CALL Utility Locating Center. There may be additional utilities
not shown. It is the contractor's responsibility to verify all utilities before
beginning any design, excavation or construction. Call 1-800-632-4949 or 811
before digging. As of the date of this survey NC ONE —CALL had not designated
any utilities.
A private utility locator should be hired to verify all critical utility locations.
Connectivity and invert slopes of storm drainage lines should be verified by
video investigation.
6.) Street addresses are per Mecklenburg County GIS.
7.) There are a total of 52 striped parking spaces on the subject property.
8.) There is observable evidence of current grading and construction acvtivites on the
subject property. Active foundation construction is ongoing.
9.) To the best knowledge of the surveyor, there are no proposed changes in street R/W
lines. There is no evidence of recent street or sidewalk construction.
10.) There is no observed evidence of this site being used as a solid waste dump, sump,
or sanitary landfill.
11.) To the best knowledge of the surveyor, there are no wetlands on this property.
12.) This property is zoned TOD—M and UMUD per "Charlotte Explorer" website. See
zoning table hereon. A zoning report was not supplied to the surveyor and no
building setbacks are shown.
ZONING DATA TABLE
Zoning of this property is UMUD and TOD—CC (developed under TOD—M) per zoning
letter from Charles Hodges, City of Charlotte Zoning Code Specialist, dated August
21, 2019, and rezoning petitions #2008-121 and #2016-048. Standard setbacks
per City of Charlotte Zoning Ordinance are as follows:
UMUD
Front — 14' from back of curb (existing or proposed)
Side — None
Rear — None
TOD—M
Front — As determined by adopted streetscope plan, or if no streetscape plan exists
the min. setback shall be 24' from existing or future back of curb on major
thoroughfares and 16' from existing or future back of curb on all other streets.
Side* — None required, but if one is provided it shall be a minimum of 5'.
Rear* — None required, but if one is provided it shall be a minimum of 5'.
* When a lot abuts an existing residential structure or a residential zoning district,
then a minimum side yard of 5' and/or a minimum rear yard of 20' shall be required.
Configuration and dimensions of setbacks is subject to the approval of the City of
Charlotte. This survey does not reflect a complete zoning analysis.
Development of this property is subject to the approval of the City of Charlotte.
Copyright 2079
ALTA/NSPS LAND TITLE SURVEY
Property bounded by Camden Road,
West Worthington Avenue, Hawkins
Street and West Boulevard
CHARLOTTE, MECKLENBURG COUNTY, N.C.
for DCC PARCEL B PLUS, LLC
Date of Survey: August 22, 2019
20 0 20 40 60

RECORD LEGAL DESCRIPTIONS
Camden -Worthington -Hawkins Parcel B Tract 1:
BEING all that certain tract or parcel of land located within the City of Charlotte, Mecklenburg
County, North Carolina, and fronting on West Worthington Avenue and Hawkins Street, and being
located within Block 4 of Wilmoore Section No. 1 as shown on that certain plat recorded in Map Book
209 Pages 408 and 409 of the Mecklenburg County Registry, and being more particularly described as
follows:
BEGINNING at a magnetic reading of an iron stake under pavement ("Beginning Point") being
located at the intersection of the northerly or northeasterly right-of-way margin of West Worthington
Avenue, said right-of-way having a width of 60 feet as shown on that certain plat of Wilmoore Section
No. 1 as recorded in Map Book 209 Pages 408 and 409 of the Mecklenburg County Registry, and the
easterly or southeasterly right-of-way margin of Hawkins Street, said right-of-way having a width of
50 feet as shown on the said plat of Wilmoore Section No. 1, said magnetic reading of an iron stake
under pavement Beginning Point being also located the following four (4) calls from an existing
surveyor's pk nail ("Commencement Point") located at the intersection of the westerly or northwesterly
right-of-way margin of Camden Road, said right-of-way having a width of approximately 60 feet as
shown on the said plat of Wilmoore Section No. 1, and the northerly or northeasterly right-of-way
margin of the said West Worthington Avenue, said existing surveyor's pk nail Commencement Point
having North Carolina State Plane coordinates of Northing = 537,181.61 feet and Easting =
1,444,571.12 feet as based on the Epoch 2010.0000 realization of the North American Horizontal
Datum of 1983: (1) North 59-32-05 West 136.82 feet to an existing iron pipe, (2) North 59-32-05 West
67.01 feet to an existing surveyor's nail, (3) North 59-34-42 West 83.43 feet to a magnetic reading of
an iron stake under pavement and (4) North 59-13-28 West 83.50 feet, and running thence from said
POINT AND PLACE OF BEGINNING along the easterly or southeasterly right-of-way margin of the
said Hawkins Street North 30-42-52 East 150.13 feet to an existing surveyor's pk nail; thence along the
northerly or northeasterly rear lot lines of Lots 15, 14, 13 and 12 in Block 4 of the said Wilmoore
Section No. 1 the following two (2) calls: (1) South 59-16-36 East 85.15 feet to an existing iron pipe
and (2) South 59-23-24 East 83.33 feet to an existing iron rebar; thence South 31-18-29 West 149.94
feet to an existing surveyor's nail; thence along the northerly or northeasterly right-of-way margin of
the aforesaid West Worthington Avenue the following two (2) calls: (1) North 59-34-42 West 83.43
feet to a magnetic reading of an iron stake under pavement and (2) North 59-13-28 West 83.50 feet to
the point and place of BEGINNING, containing 25,175 square feet, more or less, as shown on a survey
prepared by Andrew G. Zoutewelle, North Carolina Professional Land Surveyor No. L-3098, dated
October 18, 2017.
Camden -Worthington -Hawkins Parcel B Tract 2:
BEING all that certain tract or parcel of land located within the City of Charlotte, Mecklenburg
County, North Carolina, and fronting on West Boulevard, and being known as all of Lots 6 and 7 in
Block 4 of Wilmoore Section No. 1 as shown on that certain plat recorded in Map Book 209 Pages 408
and 409 of the Mecklenburg County Registry, and being more particularly described as follows:
BEGINNING at an existing iron rebar ("Beginning Point") being located on the southerly or
southwesterly right-of-way margin of West Boulevard, said right-of-way having a width of 80 feet as
shown on that certain plat of Wilmoore Section No. 1 as recorded in Map Book 209 Pages 408 and 409
of the Mecklenburg County Registry, said existing iron rebar Beginning Point being also located at the
common northerly front corner between Lots 7 and 8 in Block 4 of the said Wilmoore Section No. 1,
said existing iron rebar Beginning Point being also located the following eight (8) calls from an
existing surveyor's pk nail ("Commencement Point") located at the intersection of the westerly or
northwesterly right-of-way margin of Camden Road, said right-of-way having a width of
approximately 60 feet as shown on the said plat of Wilmoore Section No. 1, and the northerly or
northeasterly right-of-way margin of West Worthington Avenue, said right-of-way having a width of
60 feet as shown on the said plat of Wilmoore Section No. 1, said existing surveyor's pk nail
Commencement Point having North Carolina State Plane coordinates of Northing = 537,181.61 feet
and Easting = 1,444,571.12 feet as based on the Epoch 2010.0000 realization of the North American
Horizontal Datum of 1983: (1) North 59-32-05 West 136.82 feet to an existing iron pipe, (2) North
59-32-05 West 67.01 feet to an existing surveyor's nail, (3) North 59-34-42 West 83.43 feet to a
magnetic reading of an iron stake under pavement, (4) North 59-13-28 West 83.50 feet to a magnetic
reading of an iron stake under pavement, (5) North 3042-52 East 150.13 feet to an existing surveyor's
pk nail, (6) North 30-24-17 East 9.98 feet to an existing iron rebar, (7) North 30-37-30 East 200.17 feet
to an existing surveyor's nail and (8) South 59-15-26 East 49.84 feet, and running thence from said
POINT AND PLACE OF BEGINNING along the southerly or southwesterly right-of-way margin of
the said West Boulevard the following two (2) calls: (1) South 59-15-26 East 49.85 feet to an existing
iron rebar and (2) South 59-15-26 East 49.85 feet to an existing iron pipe; thence along the common
line between Lots 5 and 6 in Block 4 of the aforesaid Wihnoore Section No. 1 South 30-35-04 West
199.96 feet to an existing iron rebar; thence along the southerly lines of Lots 6 and 7 in Block 4 of the
said Wilmoore Section No. 1 North 59-16-41 West99.70 feet to an existing surveyor's notch mark in
concrete; thence along the common line between Lots 7 and 8 in Block 4 of the said Wilmoore Section
No. 1 North 30-35-04 East 200.00 feet to the point and place of BEGINNING, containing 19,938
square feet, more or less, as shown on a survey prepared by Andrew G. Zoutewelle, North Carolina
Professional Land Surveyor No. L-3098, dated October 18, 2017.
Parcel D
Camden -Worthington -Hawkins Parcel C Tract 1:
BEING all that certain tract or parcel of land located within the City of Charlotte,
Mecklenburg County, North Carolina, and fronting on West Worthington Avenue and
Camden Road, and being located within Block 4 of Wilmoore Section No. 1 as shown
on that certain plat recorded in Map Book 209 Pages 408 and 409 of the Mecklenburg
County Registry, and being more particularly described as follows:
BEGINNING at an existing surveyor's pk nail ("Beginning Point") being located at the
intersection of the northerly or northeasterly right-of-way margin of West Worthington
Avenue, said right-of-way having a width of 60 feet as shown on that certain plat of
Wilmoore Section No. 1 as recorded in Map Book 209 Pages 408 and 409 of the
Mecklenburg County Registry, and the westerly or northwesterly right-of-way margin
of Camden Road, said right-of-way having a width of approximately 60 feet as shown
on the said plat of Wilmoore Section No. 1, said existing surveyor's pk nail being also
located North 34-04-03 East 60.64 feet from an existing surveyor's pk nail
("Commencement Point") located at the intersection of the southerly or southwesterly
right-of-way margin of the said West Worthington Avenue and the westerly or
northwesterly right-of-way margin of the said Camden Road, said existing surveyor's
pk nail Beginning Point having North Carolina State Plane coordinates of Northing =
537,181.61 feet and Easting = 1,444,571.12 feet as based on the Epoch 2010.0000
realization of the North American Horizontal Datum of 1983, and running thence from
said POINT AND PLACE OF BEGINNING along the northerly or northeasterly
right-of-way margin of the said West Worthington Avenue the following two (2) calls:
(1) North 59-32-05 West 136.82 feet to an existing iron pipe and (2) North 59-32-05
West 67.01 feet to an existing surveyor's nail; thence North 31-18-29 East 149.94 feet
to an existing iron rebar; thence along the northerly or northeasterly rear lot lines of
Lots 12, 11, 10 and 9 in Block 4 of the said Wilmoore Section No. 1 the following two
(2) calls: (1) South 59-23-24 East 67.01 feet to an existing surveyor's pk nail and (2)
South 59-2346 East 147.63 feet to an existing surveyor's notch mark in concrete;
thence along the westerly or northwesterly right-of-way margin of the aforesaid
Camden Road South 35-26-32 West 149.96 feet to the point and place of BEGINNING,
containing 31,314 square feet, more or less, as shown on a survey prepared by Andrew
G. Zoutewelle, North Carolina Professional Land Surveyor No. L-3098, dated October
18, 2017.
Camden -Worthington -Hawkins Parcel C Tract 2:
BEING all that certain tract or parcel of land located within the City of Charlotte,
Mecklenburg County, North Carolina, and fronting on West Boulevard, and being
known as all of Lots 4 and 5 in Block 4 of Wilmoore Section No. 1 as shown on that
certain plat recorded in Map Book 209 Pages 408 and 409 of the Mecklenburg County
Registry, and being more particularly described as follows:
BEGINNING at an existing iron pipe ("Beginning Point") being located on the
southerly or southwesterly right-of-way margin of West Boulevard, said right-of-way
having a width of 80 feet as shown on that certain plat of Wilmoore Section No. 1 as
recorded in Map Book 209 Pages 408 and 409 of the Mecklenburg County Registry,
said existing iron pipe Beginning Point being also located at the common northerly
front comer between Lots 5 and 6 in Block 4 of the said Wilmoore Section No. 1, said
existing iron pipe Beginning Point being also located the following ten (10) calls from
an existing surveyor's pk nail ("Commencement Point") located at the intersection of
the westerly or northwesterly right-of-way margin of Camden Road, said right-of-way
having a width of approximately 60 feet as shown on the said plat of Wihnoore Section
No. 1, and the northerly or northeasterly right-of-way margin of West Worthington
Avenue, said right-of-way having a width of 60 feet as shown on the said plat of
Wilmoore Section No. 1, said existing surveyor's pk nail Commencement Point having
North Carolina State Plane coordinates of Northing = 537,181.61 feet and Easting =
1,444,571.12 feet as based on the Epoch 2010.0000 realization of the North American
Horizontal Datum of 1983: (1) North 59-32-05 West 136.82 feet to an existing iron
pipe, (2) North 59-32-05 West 67.01 feet to an existing surveyor's nail, (3) North
59-34-42 West 83.43 feet to a magnetic reading of an iron stake under pavement, (4)
North 59-13-28 West 83.50 feet to a magnetic reading of an iron stake under pavement,
(5) North 3042-52 East 150.13 feet to an existing surveyor's pk nail, (6) North
30-24-17 East 9.98 feet to an existing iron rebar, (7) North 30-37-30 East 200.17 feet to
an existing surveyor's nail, (8) South 59-15-26 East 49.84 feet to an existing iron rebar,
(9) South 59-15-26 East 49.85 feet to an existing iron rebar and (10) South 59-15-26
East 49.85 feet, and running thence from said POINT AND PLACE OF BEGINNING
along the southerly or southwesterly right-of-way margin of the said West Boulevard
South 59-19-41 East 100.33 feet to a new surveyor's pk nail; thence along the common
line between Lots 3 and 4 in Block 4 of the aforesaid Wilmoore Section No. 1 South
3041-54 West 199.78 feet to an existing iron rebar; thence along the southerly lines of
Lots 4 and 5 in Block 4 of the said Wilmoore Section No. 1 North 59-26-01 West 99.93
feet to an existing iron rebar; thence along the common line between Lots 5 and 6 in
Block 4 of the said Wilmoore Section No. 1 North 30-35-04 East 199.96 feet to the
point and place of BEGINNING, containing 20,012 square feet, more or less, as shown
on a survey prepared by Andrew G. Zoutewelle, North Carolina Professional Land
Surveyor No. L-3098, dated October 18, 2017.
SURVEYED LEGAL DESCRIPTIONS
Legal Description
100-130 West Worthington Avenue
BEING all that certain tract or parcel of land located within the City of Charlotte, Mecklenburg County, North Carolina, and
fronting on West Worthington Avenue, Camden Road and Hawkins Street, and being located within Block 4 of Wilmoore
Section No. 1 as shown on that certain plat recorded in Map Book 209 Pages 408 and 409 of the Mecklenburg County
Registry, and being more particularly described as follows:
BEGINNING at an existing surveyor's pk nail ("Beginning Point") located at the intersection of the northerly or
northeasterly right-of-way margin of West Worthington Avenue, said right-of-way having a width of 60 feet as shown on
that certain plat of Wilmoore Section No. 1 as recorded in Map Book 209 Pages 408 and 409 of the Mecklenburg County
Registry, and the westerly or northwesterly right-of-way margin of Camden Road, said right-of-way having a width of
approximately 60 feet as shown on the said plat of Wilmoore Section No. 1, said existing surveyor's pk nail Beginning Point
being also located North 34-04-03 East 60.64 feet from an existing surveyor's pk nail ("Commencement Point") located at
the intersection of the southerly or southwesterly right-of-way margin of the said West Worthington Avenue and the
westerly or northwesterly right-of-way margin of the said Camden Road, and running thence from said POINT AND
PLACE OF BEGINNING along the northerly or northeasterly right-of-way margin of the said West Worthington Avenue
the following four (4) calls: (1) North 59-32-05 West 136.82 feet to an existing iron pipe, (2) North 59-32-05 West 67.01
feet to an existing surveyor's nail, (3) North 59-34-42 West 83.43 feet to a point and (4) North 59-13-28 West 83.50 feet to a
new surveyor's pk nail; thence along the easterly or southeasterly right-of-way margin of Hawkins Street, said right-of-way
having a width of 50 feet as shown on the said plat of Wilmoore Section No. 1, North 30-42-52 East 150.13 feet to a new
iron rebar; thence along the southerly or southwesterly margin of an old 10 foot alleyway as shown on those certain plats
recorded in Map Book 209 Page 409 and Map Book 332 Page 96 both of the Mecklenburg County Registry the following
three (3) calls: (1) South 59-16-36 East 85.15 feet to an existing iron pipe, (2) South 59-23-24 East (passing an existing iron
rebar at 83.33 feet) a total distance of 150.34 feet to an existing surveyor's pk nail and (3) South 59-23-46 East (passing a
new surveyor's pk nail at 14.06 feet) a total distance of 147.62 feet to an existing surveyor's notch mark in concrete; thence
along the westerly or northwesterly right-of-way margin of the aforesaid Camden Road South 35-26-32 West 149.96 feet to
the point and place of BEGINNING, containing 56,489 square feet, more or less, as shown on a survey prepared by Andrew
G. Zoutewelle, North Carolina Professional Land Surveyor No. L-3098, dated August 22, 2019.
Legal Description
113-129 West Boulevard
BEING all that certain tract or parcel of land located within the City of Charlotte, Mecklenburg County, North Carolina, and
fronting on West Boulevard and Hawkins Street, and being located within Block 4 of Wilmoore Section No. 1 as shown on
that certain plat recorded in Map Book 209 Pages 408 and 409 of the Mecklenburg County Registry, and being more
particularly described as follows:
BEGINNING at an existing surveyor's nail ("Beginning Point") located at the intersection of the southerly or southwesterly
right-of-way margin of West Boulevard, said right-of-way having a width of 80 feet as shown on that certain plat of
Wilmoore Section No. 1 as recorded in Map Book 209 Pages 408 and 409 of the Mecklenburg County Registry, and the
easterly or southeasterly right-of-way margin of Hawkins Street, said right-of-way having a width of 50 feet as shown on
the said plat of Wilmoore Section No. 1, said existing surveyor's nail Beginning Point being also located at the northerly or
northwesterly comer of Lot 8 in Block 4 of the said Wilmoore Section No. 1, said existing surveyor's nail Beginning Point
being also located South 30-28-28 West 79.85 feet from an existing surveyor's nail ("Commencement Point") located at the
intersection of the northerly or northeasterly right-of-way margin of the said West Boulevard and the easterly or
southeasterly right-of-way margin of the said Hawkins Street, and running thence from said POINT AND PLACE OF
BEGINNING along the southerly or southwesterly right-of-way margin of the said West Boulevard the following two (2)
calls: (1) South 59-15-26 East (passing an existing iron rebar at 49.84 feet and passing an existing iron rebar at an additional
49.85 feet) a total distance of 149.54 feet to an existing iron pipe and (2) South 59-19-41 East 100.33 feet to an existing
surveyor's pk nail; thence along the common boundary line with Camden Row Condominium as described in Unit File No.
512 Page 1 of the Mecklenburg County Registry South 30-41-54 West 199.78 feet to an existing iron rebar; thence along
the northerly or northeasterly margin of an old 10 foot alleyway as shown on those certain plats recorded in Map Book 209
Page 409 and Map Book 332 Page 96 both of the Mecklenburg County Registry the following three (3) calls: (1) North
59-26-01 West 99.93 feet to an existing iron rebar, (2) North 59-16-41 West 99.70 feet to an existing surveyor's notch in a
knee wall and (3) North 59-26-53 West 49.98 feet to a new iron rebar; thence along the easterly or southeasterly
right-of-way margin of the aforesaid Hawkins Street North 30-37-30 East 200.17 feet to the point and place of
BEGINNING, containing 49,937 square feet, more or less, as shown on a survey prepared by Andrew G. Zoutewelle, North
Carolina Professional Land Surveyor No. L-3098, dated August 22, 2019.
Being known and designated as all of Lot 8 in Block 4 of Wilmoore, Section 1, as shown
on map thereof recorded in Map Book 209, Page 409, of the Office of the Register of
Deeds for Mecklenburg County, North Carolina.
4
Easement Tract\Q\�F�§S/�/�G� �.
ra SEAL TOGETHER WITH easements contained or conveyed in that certain Parking Easement_ L-3098 J
Agreement recorded in Book 31703, Page 589, Mecklenburg County Registry. �\
Revised 09-09-19: Address
attorney comments.
Revised 09-13-19: Add
surveyed legal descriptions.
Revised 09-17-19: Add Points
of Beginning.
Web Site: "agzoutewelle.com"
E-mail: "ZoutewelleOOcarolino.mcom"
A.G. ZOUTEWELLE
SURVEYORS
1418 East Fifth St. Charlotte, NC 28204
Phone: [phone] Fax: [phone]
Firm Licensure Number C-1054
Sheet 2 of 2
Copyright 2019
ALTA/NSPS LAND TITLE SURVEY
Property bounded by Camden load,
West Worthington .Avenue, Hawkins
Street and West Boulevard
CHARLOTTE, MECKLENBURG COUNTY, N.C.
for DCC PARCEL B PLUS, LLC
Date of Survey: August 22, 2019
20 0 20 40 60

Attachment C
Site Photographs

-IF "72MMErl-
Photograph 1: Site as viewed from the northeast
Photograph 2: Site as viewed from the southwest
N
o 2923 S. Tryon Street, Suite 100 TERMINIX
hart '**+ hickman Charlotte, NC 28203 109-129 WEST BOULEVARD
U 704.586.0007(p) 704.586.0373(f) CHARLOTTE, NORTH CAROLINA

N
0
0
Y
U
Photograph 3: General interior view of the site building
Photograph 4: Vacant commercial building located adjacent to the north of the site
2923 S. Tryon Street, Suite 100 TERMINIX
hart hickman Charlotte, NC 28203 1 109-129 WEST BOULEVARD
704.586.0007(p) 704.586.0373(f) CHARLOTTE, NORTH CAROLINA

N
0
0
Y
U
Photograph 5: Commercial/residential complex located adjacent to the northeast of the site
Photograph 6: DCC Apartments Brownfields site located adjacent to the south of the site
2923 S. Tryon Street, Suite 100 TERMINIX
hart hickman Charlotte, NC 28203 1 109-129 WEST BOULEVARD
704.586.0007(p) 704.586.0373(f) CHARLOTTE, NORTH CAROLINA

Attachment D
Environmental Reports (provided via ShareFile link)
• Phase I Environmental Site Assessment Report, Commercial Property - 129 West Boulevard,
Hart & Hickman, PC (August 9, 2019)
• Limited Environmental Site Assessment Report, Proposed DCC Apartments - Camden Road
and West Worthington Avenue, Professional Services Industries, Inc. (September 30, 2015)