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Home My WebLink AboutMO-9471_40913_C_NRP_20191220_Filed Notice of Residual PetroleumRECEIVED J�Iti 1 3 2070 FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburg County NC 2019 DEC 20 12:14:19 PM BK:34145 PG:407-412 FEE:$26.00 INSTRUMENT # 2019174804 PHETSL ,9174804 Returned to customer CORRECTIVE OR SCRIVENER'S AFFIDAVIT FOR NOTICE OF TYPOGRAPHICAL OR OTHER MINOR ERROR I N.C.G.S. 47-36.1(a)I Prepared by and Mail To: Tricia M. Brauer, Troutman Sanders LLP, 301 South College Street, Suite 3400, Charlotte, NC 28202 I, Tricia M. Brauer ("Affiant"), to correct a typographical or other minor error appearing in the following described recorded instrument, do hereby say and affirm: The undersigned Affiant, being first duly sworn, hereby swears or affirms that the Notice of Residual Petroleum recorded on December 18, 2019 in Book 34132, Page 748, in the Office of the Register of Deeds, Mecklenburg County, North Carolina, by Peter A. Pappas and the Mooresville Regional Office, UST Section Division of Waste Management, Department of Environment Quality (original parties) contained typographical or minor error(s), and this Affidavit is made to give notice of the below corrective information: The original document incorrectly references book and page recording information for a map or plat though none has been recorded. The third paragraph of the document should read as follows: "Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference." [Continued on Next Page] 40846425vt Affiant is knowledgeable of the agreement and the intention of the parties in this regard. Affiant is the (check one): X Drafter or preparer of the previously recorded instrument Closing attorney for transaction involving the previously recorded instrument Attorney for grantor/mortgagor named above in the previously recorded instrument Owner of the property described in the previously recorded instrument Other (Explain: A copy of the previously recorded instrument (in part or in whole) (X) is/(_) is not attached. c G Signature of Affiant Print or Type Name: Tricia M. Brauer State of North Carolina County of Mecklenburg I, Cynthia Kirby, certify that the following person personalty appeared before me this day, acknowledging to me that he prepared the foregoing document and signed above: Tricia M. Brauer. Date: December 20, 2019 Notary Public Cynthia Kirby (Print/Type Name) My Commission Expires: [NOTARY SEAL] 40846425vl FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburgg County NC 2019 DEC 17 03:17:d7 PM BK:3FE4132 INSTRUMENT # 2019172520 PHETSL NOTICE OF RESIDUAL PETROLEUM Returned to customor D&R Properties of Charlotte, L,LC , Mecklenbura 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 143E-279.9 and 143B-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 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 DEQ pursuant to N.C.G.S. Sections 143 B-279.9 and 14313-279.11 and has/shall be recorded at the MecklenburgCounty Register of Deeds' office (name ofcowv) Book"I" I�'Page'7lii6. Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County (name of county) Register of Deeds' office BookjtAVI� Page 74e, and has been/shall be incorporated into the Notice by this reference. Source Property Well Pappas Berkeley Owner, LLC of Charlotte, North Carolina is the owner in fee (owner's name) (city & slate ofhomeowner) simple of all or a portion of the Site, which is located in the County of Mecklenburg __, State of North Carolina, and is known and legally described as: DRAWN BY/NIA ILIFO: T. BRAUER, TROUTMAN SANDERS, 301 S. COLLEGE ST., SUITE 3400, CHARLOTTE, NC 28202 Revised February 5, 2019 Being all of Lot 13 in Block 4 of SeCti077 1 of the H.C. Sherrill Contpanv property according to Map Book 332, Page 354. Additional Affected Property Also Subject to Restrictions of is the owner in fee simple of a portion of roi n •r's Name), __. ('rri l m"I ?T....... the Site, which is located in the County of _ State of North Carolina. Petroleum mat contamination is located on this property the time this Notice is approved. This pr periy 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: Not Applicable Additional Affected Property Not Subject to Restrictions Additionally, 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 143B-279.9(b). The following property is known and legally described. as: Not Applicable For protection of public health and the environment, the following land use restrictions required by N.C.G.S. Section I43B-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 h ccklenbure, County Revised February 5, 2019 Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of DEQ (or its successor in function). PERPETUAL I:AND USE RFSTRIC"PIONS Grount4vatc r-- Grouncltiirater from ill(, site is prohibitedfiroin use cis a lister supply. Water supply wells of cuz1, kincl shall nol be installed or operaled on the site. ENFORCENIFINT 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 rernedies provided by law or by means ofa civil action, and may also be enforced by any unit of local 7o\.ernment has ing jurisdiction over anv part of'the Sile. An\, attempt to cancel this Notice willinut the approval of DEQ (or its successor in function) shall he subject to enrorcement by DI?Q to the fu!! 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 14313-279.9 and 14313-279.11, this // day of h1,oyevnk4- ,20 1 � . 7- (name qfr spoY�s ble arh if agent isslgnir _.. By: ---- signature of responsible party, at or ey or other regent if there is ane) 0� . (Title of aaiur for responsible parro if there is one) Signatory's name typed or printed: t"c9�r NORTH CAROLINA 6f1 icz�air_ COUNTY _ -- (Name uJ count), in a hie ,iekrron,ledgrnent was taken) I certify that the following person pe scull r appegiiid-W,rc me this day, acknowledging to me that lie or she signed the foregoing documents .y_ lc;% .. Date:' (Official Seal) c�4 o�MissF% /�L � �C' �atary F'io U 20Ourg �• / (signature of Notary l'uhlic ) printed or typed name of Notar y Public) Notary Public I i My commission expires: l i+ Revised February 5, 2019 LA proved for the purposes of N.C.G.S. 143B-279.11 b+� 1z 7 VM (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA _COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ronald H . Taraban (full printed name of Regional Supervisor) Datelvvv Lrl" � R4�*+,f Mto t, r `ti l Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12,,2024