FA-73_3726_C_NRP_20230802_REV

THIS CERTIFICATION STATEMENT MUST REMAIN WITH THE ATTACHED
COPY IN ORDER FOR IT TO BE CONSIDERED A LEGAL DOCUMENT
State of North Carolina
Counry of Cumberland
COUNTY of CUMBEFCLA►ND
Office of the Register of Deeds
J. Lee Warren, Jr.
Register of Deeds
I do hereby certify this to be a true copy of the attached document &led and recorded in the aforesaid county
as evidenced in Instrument
Book No. 11767 Page No. 15 and ends with Page No. 19
Witness my hand and seal this 2nd day of August , 20 23 .
- ~,;~'- ~" i "` ~ ;;` ~ ~, J. LEE WARREN, JR. ~, ;, _ ,•
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P.O. Box 2039, Room 114, First Floor, Courthouse, Fayetteville, N.C. 28302-2039
DEPUTY/A :' STANT/REGISTER OF DEEDS
Phone: [phone] Fax [phone] Email: [e-mail] Website: www.ccrod.orq
FILED ELECTRONICALLY BK 11767 PG 0015 CUMBERLAND COUNTY NC
J. LEE WARREN, JR.
FILED Jun 28, 2023
AT 04:12:14 PM
BOOK 11767
START PAGE 0015
END PAGE 0019
INSTRUMENT # 20123
RECORDING $26.00
EXCISE TAX $0.00
NOTICE OF RESIDUAL PETROLEUM
Square Deal Package Store
(Site name)
Cumberland County, North Carolina
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-279.11. 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-279.11, 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 Cumberland County
Register of Deeds' o~Fe Bs~ok;Y ,_, Page ~,_.
Any map of lilat required.by=DEQ has been/shall be recorded at the Cumberland County Register
of Deeds' office Bo~gl~ _, i- ~~ ~~= 4 page ,and has been/shall be incorporated into the Notice by this
reference. ~ : = ~-. ~-~~' .;".~
submitted electronically by "ward and smith, P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Cumberland County rtegister of Deeds.
BK 11767 PG 0016
Source Property
The Notice of Residual Petroleum recorded in Book 11731, Page 352 in the office o~the Register of
Deeds of Cumberland County incorrectly stated that William T. Sanders was the owner of all of a portion
of the Site. This Notice of Residual Petroleum is being recorded to correct the name of the owner.
William T. Sanders and Peter G. Kramer. Trustees, or their successors intrust, under The William T.
Sanders Revocable Trust dated Apri123, 2009. and any amendments thereto, of 2 Scotch Bonnet Lane
Wrightsville Beach, NC 28480 is the owner in fee simple of all or a portion of the Site, which is located
in the County of _Cumberland State of North Carolina, and is known and legally described as:
BEGINNING at a concrete monument at the intersection of the Eastern margin of Third
Street (a fifty-foot street) with the Western mazgin of Robeson Street (100 feet wide) and
running thence with the Eastern margin of Third Street North 33 degrees 47 minutes West
536.4 feet to a concrete monument; thence North 59 degrees 55 minutes East 87.4 ft. to a .
concrete monument; thence North 30 degrees OS minutes West 145 feet to a concrete
monument in the Southern margin of Weiss Avenue; thence with it North 59 degrees 55
minutes East 250 feet to a concrete monument; thence South 30 degrees OS minutes East
218 feet to a concrete monument (a corner of the subdivision known as Pleasant View as
recorded in Book 10, page 67); thence with said Line South 57 degrees 14 minutes East 174.8
feet to a concrete monument; thence South 79 degrees 50 minutes East 214.3 feet to a
concrete monument; thence South 29 degrees 30 minutes East 17.7 feet to a concrete
monument in the Western margin of Robeson Street; thence with it South 44 degrees 27
minutes West 354.5 feet to a concrete monument, where the margin of Robeson Street
intersects another line of the above-mentioned subdivision; thence South 62 degrees 37
minutes West 95.3 feet; thence South 23 degrees 32 minutes West 82 feet to a concrete
monument in the mazgin of Robeson Street; thence South 44 degrees 27 minutes West 42.3 feet
to the Beginning.
PERPETUAL LAND USE RESTRICTIONS
Soil: The Site shall be used for industrial/commercial use only. IndustriaUcommercial 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 (per~~~#t,%fir; temporary), schools, daycare centers, nursing homes, playgrounds,
parks, recxe~tforrateas ,cazd/or picnic areas.
:~' •~ ":
Groundwater: Gro,~ ~'~~ ~~'~m~the site is prohibited from use as a water supply. Water supply wells
•-m,~a~yrnd`'sActll °got be installed or operated on the site.
" z~ . ENFORCEMENT
' ,-:,.,
The above lattti'atge;~~icti6n(s) shall be enforced by any owner, operator, or other party
responsible for the Site. The above land use restrictions) may also be enforced by DEQ through any of
the remedies provided by law br 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 $bove restrictions) shall in
BK 11767 PG 0017
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, William T. Sanders, Co-Trustee of The William T. Sanders
Revocable Trust u/a/d Apri123, 2009, as amended, has caused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this ~~ day of ~U~ ,2(~3.
(name of responsible party if agent is signing)
By:
(signature of responsible parry, attorney or other agent if there is one)
(Title of agent for responsible party if there is one)
Signatory's name typed or printed: ~~',,~ ~"~ V1n ~ ~~14'1G~ G~ ~ ~ YV )~~
NORTH CAROLINA
~~~1J \'1z~~.~VQ~COVNTY
(Name of county +n which acknowledgment ,ras taken)
1 certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: ~\}`~\';~»/\ \ . SG11l1(~P Y .S
Date: lV l ~ ~ ~ ~U~
(Official Seal)
,~~~tt~tir~~ii ~` ~~P S CgRT ~~. .
~~\ ••••~•••••••••~II
•• p'SAA Y ••~
• _ _ir : U S~ •Z• ~ G PU 81.E r
~i '•••••••••
~'~ygMO1lE4~ G~ ~•
(signatur of Nota i Public)
~I\~,~\4ti~~1 C~ti~C1~
printed or d name of Notary Public)
Notary Public
My commission expires:
BK 11767 PG 0018
IN WITNESS WHEREOF, Peter G. Kramer, Co-Trustee of The William T. Sanders Revocable
Trust u/a/d Apri123, 2009, as amended, has caused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this g~ day of ~~~ ,20~.
,~~ -~/4
(name ojresponsible parry if agent is signing)
By:
(srgnature of responsible party, attorney or other agent if there is one)
(Title of agent, jor responsible party if there is one)
Signatory's name typed or printed:
NORTH''
,,
C``A` ~R
O,LINA
~~'v C 1~'l1~CN QI~COUNTY
(Name oJcounry 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 the foregoing documen
Date: ~¢ I ~ ~ '~ L~
~~~ +~ Cam. ~i~vvt-ems
(Official Seal) `~~~~~iitr~~
~,~• • •~
:' ~~TARy
~ • ~~~ • V • , • 2 ., • ~~. pUB1.G:~
~~ .4 ••.....•• J `~
~~~~~ ~ERG~~~`
(signs
printed o
Lary Public)
ed name of Notary Public)
Notary Public
My commission expires: ~l"~' '3 ~ (2~~-~
BK 11767 PG 0019
Approved for the purposes of N.C.G.S. 143B-279.11
Regional Supervisor
(printed name of Regronal Supervisor)
(signatur
/
e o-f/regional Supervisor)
~r`~~'~l ~~1~
iv~~l~ Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
NORTH AROLINA
/(,~{,v ~~pjF,~ COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following persons) personally appeared before me this day, each acknowledging to me
that he or she signed the foregoing document;J'1'I~clxae~ ~ ~ ~ name of Regional
Supervisor)
(Q finial Caal)
CAROL L. CHARLES
NOTARY PUBLIC
NEW HANOVER CO., NC
~r /
(si azure of Notary Public)
(printed or typed name of Notary Public)
Notary Public
My commission ex.~res~~ • J~U i
VENDOR:
PAYEE:
DATE
01868-1
Cumberland County Register of DeeBs
INVOICE
NUMBER
WARDAND SMITH, P.A.
ATTORNEYS AT LAW
1001 College Court •Post Office Box 867
New Bern, North Carolina 28563-0867
CHECK NUMBER:
CHECK DATE:
DESCRIPTION
147704
08/01 /23
AMOUNT
08/01 /23 61021 Copies
230575-00002
13.00
TOTAL: 13.00
Description:
J. Lee Warren, Jr.
Cumberland County Register of Deeds
117 Dick Street
P.O. Box 2039
Fayetteville, NC 28302
Receipt For :WARD AND SMITH PA
Receipt # : 2023-951904
Date : 08/02/2023 10:22:18am
Document : 1 of 1
Description Qty Unit Cost Extended
CERT COPIES 1 5.00 5.00
CERT COPIES ADDITIONAL
PAGES 4 2.00 8.00
Document 1 13.00
Grand Total 13.00
Check 147704 -13.00
Balance 0.00
Customer Copy