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HomeMy WebLinkAbout22034_fairey Finishing Plat_ NORP 1604 E Lawson St 2012_08_142012033331 FOR REOISTRRTION REGISTER OF DEEDS Will DURHRMLCOUNTY�9NCn 2012 SEP 2109 17 46 AM BK 7074 PG 361-371 FEE $26 00 NOTICE OF RESIDUAL PETROLEUM Allpack Assembly, Durham County, North Carolina --it• 3 / S(Q,n re-'1fRd (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 and Natural Resources (or its successor in function), as authorized by N.C.G.S. Section 14313-279.9 and 143B-279.11. The North Carolina Department of Environment and Natural Resources shall hereinafter be referred to as "DENR". 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 DENR pursuant to N.C.G.S. Sections 14313- 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 DENR pursuant to N C G S Sections 143B-279 9 and 143B-279 1 I and has/shall be recorded at the Durham Count v Register of Deeds' office (name ofcovnrv) Book , Page Any map or plat required by DENR has been/shall be recorded at the Durham County Register of (name ofcounW Deeds' office Book , Page _, and has been/shall be incorporated into the Notice by this reference Source Property Trustees of Durham Technical Community College of Durham, North Carolina is the (oHner s name) (city & store of homeonner) owner in fee simple of all or a portion of the Site, which is located in the County of Durham, State of North Carolina, and is known and legally described as Revised February I, 2010 Durham County Register of Deeds' office, Book 6869, Page86-889 (NC PIN 0830-06-49-8285) Beginning at an von stake on the south side of Lawson Street, said stake being south 89 degrees 00 minutes East 250 feet from the intersection of the south side of Lawson Street, extended, and on the east side of Troy Street, extended, thence from said point of beginning South 1 degree 00 minutes West 650 00 feet to an iron stake on the North side of Cooper Avenue, thence along and with the north side of Cooper Avenue North 59 degrees 00 minutes West 220 feet to a monument, thence continuing around the intersection of Cooper Avenue and Troy Street in a general northwest direction along the arc of a circle with a radius of 30 feet, a distance of 47 12 feet to an iron stake on the East side of Troy Street, thence along and with the east side of Troy Street North 1 degree 00 minutes East 590 feet to an iron stake, thence continuing around the intersection of Troy Street and Lawson Street in a general northeasterly direction along an arc of a circle with a radius of 30 feet, a distance of 47 12 feet to an iron stake on the South side of Lawson Street, thence continuing along and with the south side of Lawson Street South 89 degrees 00 minutes East 220 feet to an von stake, the place and point of BEGINNING, and being the property of the Durham Investment Corporation, Durham, N C , as per plat and survey of Credle Engineering Company dated May 1964, recorded in the Office of the Registrar of Deeds, Durham County, in Plat Book 48, page 106, to which reference is hereby made for a more particular description of same Additional Affected Property Also Subject to Restrictions of , North Carolina is the owner in (owner s Name) (mtv & state ofoener) fee simple of a portion of the Site, which is located in the County of , State of North Carolina Petroleum contamination is located on this property at the time this Notice is approved This property was also owned or controlled by the underground storage tank owner or operator or another party responsible for the petroleum discharge or release at the time the discharge or release was discovered or reported, or at any time thereafter This property is known and legally described as 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 Durham County Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of DENR (or its successor in function) Additional Affected Property Not Subject to Restrictions Residual petroleum is also located on the following property The following property is not subject to land use restrictions pursuant to N C G S Section 14313-279 9(b) The following property is known and legally described as Res ised February 1, 2010 Not applicable PERPETUAL LAND USE RESTRICTIONS Sol/ The Site shall be used for uidustriallcomniercial use only lndustral/Coniinercial use means a use where exposure to soil contamination is limited in time and does not involve exposure to children or other sensitive populations such as the elderly or sick The real property shall not be developed or utilized for residential purposes, including but not limited to, primary or secondary residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds, parks, recreation areas andlor picnic areas 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 DENR 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 DENR (or its successor in function) shall be subject to enforcement by DENR 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, Trustees of Durham Technical Community College has caused this Notice to be executed pursuant to N C G S Sections 14313-279 9 and 14313-279 11, this Jk day of rs{ 2012 (name ofresponsible party if agent ivy' lgnmg) By (signaturrerponriMe parry attornev or oil ag t if f there ry one) =9-1 V r o O Go nq (Title of agent for responsible party fthere is one) Signatory's name typed or printed WA,vo p S _ MA G;A-?— Revised February I, 2010 Choice One: Instrument signed by one person NO H C/AROLINA c�okLa y2 COUNTY (Nome ofcmmty in uluch acknowledgment nas taken) I certify that the following person per she signed the ffoore oin document Date o 6 �� (Official Seal) ei t' ti;6, Acknowledge by attorney in fact NORTH CAROLINA COUNTY (Name ofcoune, in xluch acknowledgment vac taken) this day, acknowledging to rry�that he or R printed o%tvped name ofNomry Public) Notary Public / ry My commission expires&�rf�4�o� I, , a Notary Public for said County and State, do hereby certify that attorney in fact for , personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of the said , and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of in the County of , State of on the day of 200_and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney I do further certify that the said acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said WITNESS my hand and official seal, this the day of (Official Seal) 200_ (signature of Notary Public) printed or typed name ofNotary Public) Notary Public My commission expires Revised February I, 2010 Choice Three: Conveying security interest in personal property of a corporation NORTH CAROLINA COUNTY (Name ofcmmry in uhtch acknot+ledgmera uas taken) of a Notary Public for said County and State, do hereby certify that personally came before me this day and acknowledged that he is and acknowledged, on behalf of , the grantor the due execution of the foregoing instrument WITNESS my hand and official seal, this the day of (Official Seal) Approved for the purposes of N C G S 14313-279 11 (stgnanme of Regtona! Supen tsar) A� f; ;e PeA.1C2 5 , Regional Supervisor (printed name ofRegmnal bupervwor) RAZE/Gs• Regional Office UST Section Division of Waste Management Department of Environment and Natural Resources NORTH CAROLINA Waae.e, COUNTY (Name of county in ahtch aeki n+ledgmeni as taken) 200_ (signature ofNotary Public) (printed or typed name ofNotary public) Notary Public My commission expires I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or, ,tjjW id the foregoing document R/1ary— 12 pf)d)CXVull printed name ofRegionol Superva,a) r)At i (vtgnanire ofNot Public) V shlt•N1 Rt. Lus�- At/8 ` `� f 2 Printed or tvped name ofNotary Pubhe) 1 -60,V �.• - Notary Public ••hrnrraN`�, �\ My commission expires Marc-h 277,�1-1 Revised February I, 2010 (Pack t of 4) IIIIIIIII0I3II1bII1N1111101�IIIII1111111111Pllllll OR REGISTRATION REGISTER OF DEEDS WDURHAM11. LCOUNTY. NC 2011 DEC 22 12 37,57 PM BK 6869 PG 886-889 FEE $26 00 NC REV STRNP $3,600.00 INSIUENi # N 939* $3600 00 Excise Tax Recording Time Book and Page Tax'Lot No' Parcel Identifier No Mathafter recording to Grantee (at Mailing,Addresi Below) Thminstrument was prepared by Jonathan W Biggs, Stubbs, Cole, Breedlove, Prentis & Biggs, P L L C 122 East Parrish Street, Durham, North Carolina 27701 the Index IFarrey Finishing Plant Property aka Durham Investment Corp Property— Lawson Street NORTH CAROLINA SPECIAL WARRANTY DEED (PREPARED WITHOUT THE BENEFIT OF TITLE EXAMINATION) THIS DEED made as of this oc I S t day of December, 2011, by and between GRANTOR FAIREY FINISHING PLANT, INC. Maduig,Address Attn Robert L Fairey 3838 Regent Road Durham, North Carolina 27707 GRANTEE TRUSTEES OF DURHAM TECHNICAL COMMUNITY COLLEGE Property Address 1604 East Lawson Street Durham, North Carolina 27703 Mailing Address 1637 Lawson Street Durham, North Carolina 27703 Enter in appropriate block for each party name, address, rind, dappmpnam, chamcim of entity, e g , corporation m parmersh,p The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Durham County, North Carolina, and more particularly described as follows SEE EXIIIBIT A WHICH IS ATTACHED HERETO AND INCORPORATE HEREIN AS IF SET FORTH IN ITS ENTIRETY. (Page 2 of 4) The property heremabove described was acquired by Grantor by instrument(s) recorded in Book 1182 at Page 846 in the Durham County, North Carolina, Public Registry (the "Registry") in me vurnam �ounry, rvorm t,aroima, ruouc tegistry tme xegistry 1 THE PROPERTY IS —NOT THE PRIMARY RESIDENCE OF EITHER THE GRANTOR OR THE GRANTEE TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons clamung by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hemiabove described is subject to the following exceptions 1 Easement to Duke Power Company recorded in Deed Book 300 at Page 605 2 Easement to Trustees of Durham Technical Community College recorded in Deed Book 6223 at Page 902 of the Durham County Registry 3 Easement to Dixie Beantip, Inc recorded in Deed Book 1046 at Page 22 of the Durham County -� Registry 4 Matters shown on Plat recorded in Plat Book 48 at Page 106 of the Durham County Registry ✓ 5 Matters shown on Plat recorded in Plat Book 99 at Page 36 of the Durham County Registry IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be sided it M corporate name by its duly authomed officers the day and year first above written GRANTOR FAHIEY FINISHING PLANT, INC., a North Carolina business corporation BY G : �2 -,, ROBERT L. FAIREY, President STATE OF NORTH CAROLINA COUNTY OF DURHAM I, Ten n ie, f n • % DCj Qr \. , Notary Public, certify that the following person personally appeared before me this day, each ackWwledging to me that he or she voluntarily signed the foregoing document for the purpose stiyed therein and in the capacity indicated Robert L. Fairey. Witness my hand and official stamp or seal, this t�L day of December, 2011 My corrurussion expires M, e� t.A,t,>v.� _ R6',9y Notary Pub (Official Seal) j :013 G (Page 3 of 4) EXHIBIT A i Fr Ai nr rRIPTInN LEGAL DESCRIPTION BEGINNING at an iron stake on the south side of Lawson Street, said stake being south 89 degrees 00 minutes East 250 feet from the intersection of the south side of Lawson Street, extended, and on the east side of Troy Street, extended; thence from said point of beginning South 1 degree 00 minutes west 650.00 feet to an iron stake on the North side of Cooper Avenue; thence along and with the north side of Cooper Avenue North 89 degrees 00 minutes West 220 feet to a monument; thence continuing around the intersection of Cooper Avenue and Troy Street in a general northwest direction along the arc of a circle with a radius of 30 feet, a distance of 47.12 feet to an iron stake on the East side Of Troy Street; thence along and with the East aide of Troy Street North 1 degree 00 minutes East 590 feet to an iron stake; thence continuing around the intersection of Troy Street and Lawson Street ins general northeasterly direction along the arc of a circle with a radius of 30 feet, a distance of 47.12 feet to an iron stake on the South side of Lawson Street; thence continuing along_ and with the South side of Lawson Street South Be degrees 00 minutes East 220 feet to an iron stake, the place and point, of BEGINNING, and being the property of Durham Investment Corporation, Durham, N. C., as per plat and survey thereof of Credle Engineering Company dated May 1964, recorded in the Office of the Register of Deeds, Durham County, in Plat Book 48, page 106, to which reference is hereby made for a more particular description of same. (Pagel of 1) m �Y A IFtl tr (1 o �� fitsm He �xe a g a to a = ^ ` a t m z z 3 r g z � n O z $ TROY STREET _ u e=g a o o z z c WE —1_ ' BK �4 9 PG LEGEND GRAPHIC SCALE APPROXIMATE MONITOR WELL LOCATION so 0 25 00 i00 GROUNDWATER SAMPLE COLLECTED JUNE 8, 2012 INDICATES EXCDEEDENCE OF 2L STANDARD ( IN FEET ) IMAGE SOURCE: NC ONEMAP, DATED 2010 —,o0 *S&ME 012 JULY 2 Y BT_R WWW SMEINC COM NC 27618 GROUNDWATER CONSTITUENT MAP ALLPACK-1604 E LAWSON STREET I DURHAM, NORTH CAROLINA A-3160 FIGURE NO WILLIE L COVINGTON REGISTER OF DEEDS, DURHAM COUNTY DURHAM COUNTY COURTHOUSE 200 E MAIN STREET DURHAM, NC 27701 PLEASE RETAIN YELLOW TRAILER PAGE It is part of recorded document, and must be submitted with original for re-recording and/or cancellation 1#!k#!#tk#lktltRltY#ifRlttk##!#ftlk#tk#tk##Yi##Yi#Yf#Yk##k#iR#i Rti##R#tk#i##i##R#iR#iR#iR##RR##RRRRRRi RR#RRR1RttRRktRRtR Filed For Registration: Book: Document No 09/21/2012 09.17:46 AM RE 7074 Page. 361-371 2012033331 NOTICE 11 PGS $26.00 Recorder: SHARON M CEARNEL 2012033331