AS-29887_48980_C_NRP_20230522_Recorded

~;R:1, Date . B~ II I I I 11111111111111111111111111111111 Ill 2023004233
HAYWOOD CO, NC FEE $26.00
PRESENTED & RECORDED:
05-22-2023 09:56:18 AM
SHERRI C. ROGERS
REGISTER OF DEEDS BY; TARA E. REINHOLD
DEPUTY
BK: RB 1086
PG: 2186-2189
NOTICE OF RESIDUAL PETROLEUM
Litty Property Incident #'7}1roWaynesville, Haywood County, North Carolina
Current Property Owner's Deed Book 626 Page 149.
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 Environmental Quality (or its
successor in function), as authorized by N.C.G.S. Section 143B-279.9 and 143B-279.ll. The North
Carolina Department of Environmental 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 143B-279.9 and 143B-279.ll, 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.l l and has/shall be recorded at the Haywood County Register of Deeds' office Book---~ Page ___ _
Any map or plat required by DEQ has been/shall be recorded at the Haywood County Register of
Deeds' office Book---~ Page---~ and has been/shall be incorporated into the Notice by this reference.
Source Property
William James Litty of Waynesville, North Carolina is the owner in fee simple of all or a portion of the
Site, which is located in the County of Haywood, State of North Carolina, and is known and legally described as:
BEING the same lands, easements, privileges and appurtenances as described in the deed from lla A.
Bowen to William J. Litty and wife, Cathey Lauren G. Litty, dated the 19'h day of December, 1997, and
recorded in Deed Book 462, at Page 2672, Haywood County Register of Deeds, to which Deed reference
is hereby made for a more complete description.
This property is subject to the lien of a deed of trust in favor of ABNIAMROI The Grantee, by acceptance
of this Deed, hereby agrees to pay the indebtedness secured by said Deed of Trust and to indemnify and
hold the Grantor harmless from any liability therefor.
This conveyance is made pursuant to that certain Separation Agreement and Property Settlement dated
March 1 B'h, 2005, by and between the parties hereto.
The purpose of this conveyance is to sever the tenancy by the entirety in the property described herein
pursuant to G.S. 39-13.3(c), and to vest sole title in the name of Grantee, and to allow Grantee to
henceforth convey and encumber said property or any portion thereof without the consent or joinder of
Grantor. Grantor hereby relinquishes: (]) all rights to administer the Grantee's estate as provided in
G.S. 28A-4-1 with respect to the real property described herein; (2) all right of intestate succession to the
Grantee's estate as provided in G.S. 29-14; (3) the right to an elective life estate in the Grantee's estate
as provided in G.S. 29-30; (4) the right to an elective share as provided in G.S. 30-3.1; and (5) the right
to a year's allowance in the Grantee 's estate as provided in G.S. 30-15. It is the intention of the parties
hereto that the property described herein shall be considered separate property of the Grantee pursuant
to the Equitable Distribution Act (G.S. 50-20 et. Seq.) and Grantor relinquishes all right or claim to said
property provided in said Act.
For protection of public health and the environment, the following land use restrictions required
by N.C.G.S. Section 1438-279.9(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 Haywood County
Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of DEQ (or its successor in function).
Soil:
PERPETUAL LAND USE RESTRICTIONS
Soil containing residual petroleum above applicable regulatory standard(s) remains on
the site in the location of the heating oil underground storage tank (UST). The UST is
located on the northeast side of the house underneath a wood covered deck. No soil from
a depth of 6 feet or more below grade shall be disturbed in the "Area of Soil
Contamination" shown in "Attachment A ", except to remediate it in accordance with all
applicable state and federal statutes, regulations and guidelines.
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.
2
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 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.
· "i" IN WITNESS WHEREOF, William James Litty has caused this Notice to be executed pursuant
to N.C.G.S. Sections 143B-279.9 and 143B-279.l l, this n 5 day of /r}fJ-y' ,20 123 I
By: ~~~~-~,1::-~~::1ct,,,,.L.=----=-=--
(Ti1le of agent for responsible party if there is one)
Signatory's name typed or printed: William James Litty
NORTH CAROLINA . t\O..\.(\AIOC<l COUNTY
(Name of county in which acknowledgment was token)
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: Notice of Residual Petroleum.
W'i!P
(signature of Notary Public) k,,~ S:M~~~ S
(printed or typed name of Notary Public)
Notary Public
My commission expires: ~\ \ \ ?..3 l '1..5
3
/
Approved for the purposes ofN.C.G.S. 143B-279.11 r,,G::~
CM,.ou.tvt;;.. U.1D AJb, , Regional Supervisor
{printed name of Regional SupeA,;sor)
fi,.'tlf,\J \ UE. Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
NORTH CAROLINA BunComhe..,,, COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she signed the foregoing document: &oline. J..o. tlli4 (full printed name of Regional Supervisor)
Date: ~tv1_7_~1 /_,._1 ~2.D~'l--~o __
(Official Seal) (signature of Notary ~Ii{) L-vtJ"--,J: S.ta _ _.,)1\7.'J
(printed or typed name of Notary Public
Notary Public
My commission Expires:Ja..vtu,a.v-y ,g12fJJ..~
4
ATTACHMENT A -
• ..J •
l''
UST location underneath covered
wooden deck.
Source-Haywood County GIS Website.
Not to Scale
Property Boundary
Litty Residence
57 Park Drive
Waynesville, NC 28716
ENDER: COMPLETE THIS SECTION
Complete items 1, 2, and 3.
Print your name and address on the reverse
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If YES, enter deliver, address below: No
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Print your name and address on the reverse so that we can return the card to you.
A. S1 nature
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Attach this card to the back of the rnailpiece,
or on the front if space permits. Yes
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Print your name and address on the reverse so that we can return the card to you.
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ENDER: COMPLETE THIS SECTION
Complete items 1, 2. and 3.
Print your name and address on the reverse
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Attach this card to the back of the mailpiec
or on the front if space permits.
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