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)
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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
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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