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HomeMy WebLinkAboutMO-8965_40464_C_NRP_20200909_Notice of Residual PetroleumFOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburg County NC 2020 SEP 09 02:28:12 PM BK:35030 PG:455-462 FEE:$26.00 INSTRUMENT # 2020144418 DAKERFR ,f i t I. Iii i 2&0144418 (Recording Cover Page Must be typed or printed clearly in block ink only. Document Title Must oppear exactly ❑s the first'page of the document to be recorded Prepared By: Name: 1 - CAS . _ Address: (e/ City/state/Zip: fd ; e After Recordirt , Mail To: t Name: Address: ;15 CA& (� City/state/Zip: �i,�'. � � - --- - - Coversheets may be used far documents that do not conform to North Carolina document recording standards. 5ubmitters may use this coversheet or prepare their own. if using this coversheet submitters assume responsibflityforits completion and ollliabilityforthe can tent [in dinform ation provided. Former Keffer Collision, 4800 East Independence Boulevard, Mecklenburg 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". OrITFM 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 143B-279.9 and 143B-279.11 and has/shall be recorded at the Mecklenburg County Register of Deeds' office. Book I Page Any map or plat required by DEQ has been/shall be recorded at the Register of (name of count)) Deeds' office Book Page _, and has been/shall be incorporated into the Notice by this reference. Source Property Rug Town, LLC of Charlotte, North Carolina is the owner in fee (owners name) (city & state qfhonieowner) 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: Revised February 5, 2019 Soil: The Site shall be used for industrial/commercial use only. Industrial/commercial 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 and/or 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. 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. IN WITNESS WHEREOF, Rug Town, LLC has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this&) day of Q 120 1� d M. Signatory's name typed or printed: NORTH CAROLINA ectl.bvx COUNTY (Name of county in which acknowledgment was taken) park, if agent is signing) party, attorney or other agent if there is one) (Title of agent for responsible party if there is one) I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: 4 kes c k K $Poles- . Date: b00,12av (Official Seal) expires: 4/ 23f2�23 INS T A j� � i17.Qa a el Ffarrasss�a�ataet (signature of Notary, Public), C-r%& e .e (printed or typed name of Notary Public) Notary Public My commission Revised February 5, 2019 Approved for the purposes of I�.C.G.S. 143B-279.11 (sign re of Regional Supervi Regional Supervisor rinted ame fiR gional Supervisor) � -, ha Rzaional Office UST Section Division of Waste Management Department of Environment Quality H CAROLINA ®l("5 COUNTY (Name of� in which acknowledgment was taken) I certify that the following person(s) personally appeared be o me this day, each acknowledging to me that he or she signed the foregoing document: mno(full printed name of Regional supervisor) Date: v %% ®-� l S Cyr �® (Official Seal) NOTARY i WureofNotaryP lic) -n Pu uG printed or typed name of Notary Public) Notary Public expires:�A(LLA ciaLj My commission b Revised February 7, 2019 6 ATTACHED TO SPECIAL. WARRANTY DEED FROM WILSON 301, LLC TO I � ILlll ICi1�.�I►i•7f iC�7 Lot 2: 4800 E. Independence Blvd. Lot 2: Mecklenburg County Tax Parcel Identification Number 163-013-05 BEGINNING at an existing iron pin on the Southwesterly edge of Independence Boulevard. said Beginning point being S. 34-58-55 E. 275.04 feet: thence N. 76-16-52 E. 77.93 feet from the apparent intersection of Glendora Drive and Independence Boulevard (U.S. Highway No. 74) (Independence Boulevard having a right-of-way 150 foot in width), as shown on the attached survey (being the point of beginning for Lot I above). and ruining thence from said Beginning point S. 49-51-7 W. 301.80 feet to a point; cornering, thence N. 34-41-50 W. 601.25 feet to a point located in the Southeasterly rear comer of the property belonging to Automotive Group, LLC, thence with the Southerly and Southeasterly edge of the Automotive Group, LLC property, N. 55-18-30 E. 300.26 feet to a point; cornering, thence with the Southwesterly edge of Independence Boulevard, S. 34-42-52 E. 572.55 feet to the point or place of Beginning; all as shown on the survey dated September 18. 2014 for Wilson 301. LLC, by Boundary Zone, Inc. This conveyance intending to be of the entire property transferred to Richard W. Keffer, Jr. and wife, Constance O. Keffer by Deed recorded in Book 5909, Page 468 in the Mecklenburg County Register of Deeds. 10 Revised February 5, 2019 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 County Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of DEQ (or its successor in function). Revised February 5, 2019 m BOUNDARY SURVEY MPARM hr WILSON 301 LLC CrrYOFCHARIOM w-m-, a 0, m 1631i 163 0112 7 16301129 Soo Moi coo ,QA 16301135 16301126 74 16301124 16301134 13302525 13302417 13302431 13342524 13302418 13302 523 13302419 13 302 430 13342537 13302522 13302420 $ 13302521 a; 133€12421 13302520 13102538 13302422 133023 133025/9 16301307 16301123 $ 163013t36/6301306 SOURCE A AR REA 16301122 MOMS ,. 163t11313' 'S 16301121 16301 1630111a 16301'�_ 16301312 16301119 16301313 015 � 16301213 X 16301314 w f 16341212 16301315 r 16 301i,� 16301214 16301105116301245 #6341211 16301316 MOW16301210 e ''- 16301305 16301317 16301216 16301209 16301318 16301104 ' 163,01217 16301208 16341319 16301106 16: 01207 16301103 1 16301218 16301320 16301206 16301321 16341102 16301219 16301205 "k 16301322 .16301141 16301tx4 16301203 16301323 16361220 1634219 S 16301304 56301221 16301202 `�1630132$ 1&3£ti324 163€ 1204 16301327 16302118 16302167 k-Sk"' SOURCE: -' + Mecklenburg County GIS Approximate 4. Shown 16301329 16301326 16301325 16301303 16301301 /6302164 SIN A� A Mi jg +�4 AW`+ e$. 15302424 13 302518 �, ' n>,, 13302517 - 1330242 13302516 133025 i33 302 539 M02513 .43302512 13302 511 13302544 ` 13302540 1330625 y� z. 16303101 16303102 16303127 16303103 16303126 163031€14 16303125 16303105 16303124 Tax Map FORMERE# DODGE NORTH CAROLINA ECS PROJECT # S O Y f FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenbur County NC 2020 SEP 0 02:28:12 PM SK:35030 PG:451--454 INSTRUMENT ##12020144417 BAKERFR 2020144417 Recording Cover Page Must be typed or printed clearly in black ink only. o Document Title Must appear exactly as the first'page of the document to be recorded Prepared By: Name: Address: _Are i V U-1kST. . � v -. U i City/state/Zip: _ . V C- After Recordin. , Mail To: Name: _ � c CA sso fr A Address k • ash.. tsoni SkveJ,, s .(04 City/state/Zip: G _ coversheets maybe used for documents that do not conform to North Carolina document recording standards, submitters may use this coversheet or prepare their own. If using this coversheet submitters assume responsibilityfor its completion and a1111abilityforthe content and information provided. Keffer Collision (Former), Mecklenburg County, North Carolina Under North Carolina's Statutes and Regulations, a NOTICE OF RESIDUAL PETROLEUM (Notice) that was recorded at the aforementioned property has been CANCELLED by the Secretary (or his/her delegate) of the North Carolina Department of Environmental Quality (or its successor in function), as authorized by N.C.G.S. Section 143B-279.11(g). The Notice was recorded at the Mecklenburg Register of Deeds' office, Book 33556, Page 310-316. IN WITNESS WHEREOF, the Secretary of the Department of Environmental Quality (or his/her delegate) has caused this Notice to be cancelled pursuant to N.C.G.S. Section 14313-279.11(g), this day of 120 By: (Signature of Delegated DEO Representative) UST Regional Supervisor (Title of Delegated DEO Representative) Signatory's name typed or printed: Carin Lee Kromm TH CAROLINA COUNTY (Name of61punty 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 he an of Notice of Residual Petroleum: Y1 �1 WITNESS my hand and official seal, this the day of 12000. (Official Seal) 48®®�9®86@&6dddd®g®B It NOTARY Uc COW si tur of Notary Public �1 �Z1 A (printed or typed name of Notary Public) Notary Public My commission expires ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director Attn: Frederick Smith Mecklenburg County Register of Deeds 720 East Fourth Street Charlotte, NC 28202 Dear Mr. Smith: NORTH CAROLINA Environmental Quality September 1, 2020 Re: Cancellation of Notice of Residual Petroleum NCGS 14313-279.11(g) Notice of Residual Petroleum Keffer Collision (Former) 4800 East Independence Blvd, Charlotte Mecklenburg County, North Carolina Notice of Residual Petroleum Recorded in: Book 33586 Page(s) 310-316 The Underground Storage Tank (UST) Section of the Department of Environmental Quality (Department) hereby requests that the Mecklenburg County Register of Deeds cancel a Notice of Residual Petroleum (Notice) that was previously recorded on June 14, 2019 at Book 33586, Pages 310-316. The subject real property is located at the above -referenced address, and it was owned by Wilson 301, LLC at the time of the recordation of the Notice. The reason for the cancellation is that, the Notice of Residual petroleum was filed on parcels 16301305 and 16301304. The Notice was only required to be filed on parcel number 16301305. Parcel 16301304 was not required to be restricted. Based on this information, I request that the referenced Notice be cancelled of record so that a new Notice of Residual Petroleum can be filed restricting only parcel number 16301305. Also, please record this statement in the deed books and index it on the grantor index for the names of the listed owners of the real property as shown in the Notice and any subsequent owners (if applicable,) and on the grantee index in the name "Secretary of Environment and Natural Resources." If practical, please North Carolina Department of Environmental Quality I Division of Waste Management < DoubleClick to open Footer, then Click to Select Applicable Regional Office >