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HomeMy WebLinkAboutNC0089702_Owner (Name Change)_20201207 �, ,Z ROY COOPER ,, i. tt 0. ,n' MICHAEL S. REGAN 5. S. DANIEL SMITH�` 4r y�+i� NORTH CAROLINA Environmental Quality PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NC0089702 1. Facility Name: Brightleaf on Main (f/k/a Solis Brightleaf) II. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: RECEIVED DEC 0 7 2020 X a. Change in ownership of property/company b. Name change only NCDEQ/DWR/NPDES c. Other(please explain): 2. New owner's name(name to be put on permit): Brightleaf Durham Associates,LLC 3. New owner's or signing official's name and title: Richard S.Rivitz (Person legally responsible for permit) Vice President of Brightleaf Durham Associates,LLC (Title) 4. Mailing address: do Heritage Income Properties LLC 22730 Fairview Center Drive,Suite 200 Fairview Park,OH 44126 Attention: John Kasmarcak,Manager Phone: (404)348-1850 E-mail address: iohnk(iI heritageincomeproperties.com THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form -.11E\9-51 North Carolina Department of Environmental Quality t Division of Water Resources 1617 Mail Service Center I Raleigh,North Carolina 2769g-1617 919-707-9000 NPDES Name&Ownership Change Page 2 of 2 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) [see reverse side of this page for signature requirements] Applicant's Certification: I, (see attached) , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included,this application package will be returned as incomplete. Signature: (see attached) Date: (see attached) THE COMPLETED APPLICATION PACKAGE,INCLUDING ALL SUPPORTING INFORMATION& MATERIALS,SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ/DWR/NPDES 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 11/2020 NPDES Name&Ownership Change Page 2 of 2 Applicant's Certification: 1, Richard S. Rivitz, in my capacity as a Vice President of Brightleaf Durham Associates, LLC, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included,this application package will e ret ed-as" Signa Date: 11/12/2020 THE COMPLETED APPLICATION PACKAGE, CLUDING ALL SUPPORTING INFORMATION& MATERIALS,SHOULD BE SE TO THE FOLLOWING ADDDRESS: NC DEQ/DWR/NPDES 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 4/2019 Book9133 - Page 395 Page 1 of 4 For Registration Sharon A. Davis Register of Deeds Durham County, NC Electronically Recorded 2020 Nov 13 09:42 AM Book: 9133Page: 395 NC Rev Stamp: $ 116400.00 Fee: $ 26.00 Instrument Number: 2020049684 DEED SPECIAL WARRANTY DEED Excise Tax: $ 1.tp, 1-100 .° Recording Time, Book and Page TAX PIN: 0821-07-69-3026 Return after recording to: Brightleaf Durham Associates, LLC, 71-43,Fr L W —Chvi D TTz2 2v) Fuel v-- 0i+C 3500 Clevve I!?`t'id I0+f 44 11 4-23 2. This instrument was prepared by: Eversheds Sutherland (US) LLP 999 Peachtree Street NE Suite 2300 Atlanta, GA 30309 Attn:Mack Heller, Esq. (WITHOUT THE BENEFIT OF TITLE EXAMINATION) Brief description for the Index: Solis Brightleaf, 1005 West Main Street, Durham, P 9 North Carolina 27001 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED is made as of the I day of ncvern her , 2020, by and between GRANTOR GRANTEE Brightleaf Apartments LLC, a Brightleaf Durham Associates, LLC, an Delaware limited liability company Ohio limited liability company Whose address is: Whose address is: c/o UBS Realty Investors LLC c/o Heritage Income Properties LLC 10 State House Square, 15th Floor 22730 Fairview Center Drive, Suite 200 Hartford, CT 06103-3604 Fairview Park, OH 44126 i 45285046.1 Submitted electronically by "Kennon Craver, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Durham County Register of Deeds. Grantee in fee•simple, all that certain lot or parcel of land situated in Durham County, North Carolina, and more particularly described as follows (the "Property"): See Exhibit A attached hereto and incorporated herein by reference. The Property has been classified as a brownfields property under the Notice of Brownfields Property Reuse Act. Certain remediation has been performed pursuant to the terms of a DEQ-approved Environmental Management Plan. 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 the Grantor covenants with the 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 claiming by, under, or through Grantor, other than the following exceptions: (i) ad valorem taxes for the current year and subsequent years and pending assessments not yet due or payable; (ii) enforceable easements, restrictions, covenants, rights of way and other matters of record; (iii) zoning ordinances affecting the subject Property; (iv) the easements, covenants and other matters and exceptions set forth on Exhibit B attached hereto and made a part hereof for all purposes; and (v) matters which would be revealed by a current and accurate survey of the Property. This Property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Durham County, North Carolina land records at Book 8207, Page 221. Notwithstanding any provision to the contrary, Grantor makes no warranties of any nature or kind, whether statutory, express or implied, with respect to the physical condition of the Property (including without limitation any and all improvements located thereon and/or comprising a part thereof), and Grantee by its acceptance of this Deed accepts the physical condition of the Property "AS IS, WITH ALL FAULTS", subject to the terms and provisions of that certain Purchase and Sale and Escrow Agreement between Grantor and Grantee dated September 22, 2020. EXECUTED as of the iO day of kkf eiA '.J, 2020. [Signature Page Immediately Follows] 45285046.1 BRIGHTLEAF APARTMENTS LLC, A Delaware limited liability company By: 1005 WEST MAIN STREET APARTMENTS JV MEMBER LLC, a Delaware limited liability company By: TPG EQUITY REIT OPERATING PARTNERSHIP LP, its sole member By: TPG EQUITY REIT OPERATING PARTNERSHIP GP LLC, its general partner By: '6Y2 /1,11X '41 Name: Kevin M. Dowd Its: Executive Director STATE OF CONNECTICUT ) ) ss NariA COUNTY OF HARTFORD ) .On this _ day of �✓ ` , 2020, before me personally appeared 4t,,(3>l 4 , who acknowledged himself/t 8#•to be the .+4- t itQC `a of TPG Equity REIT Operating Partnership GP LLC, as general partner of TPG Equity REIT Operating Partnership LP, as sole member of 1005 WEST MAIN STREET APARTMENTS JV MEMBER LLC, the investor member of Brightleaf Apartments LLC, a Delaware limited liability company, and that he/she, being authorized so to do, executed the foregoing instrument for the purposes therein contained as his/her and_jts free_as.l and cle0, by signing the name of the limited liability company by himself/herself as } ( IN WITNESS WHEREOF, I have hereunto set my hand NotaI,Lit Public My Commission Expires: ! Printed Name of Notary: h ((t . SYtr'tl.(3S .. . I [NOTARY SEAL] SHELLY R.ANDREWS NOTARY PUBLIC _ MY COMMISSION EXPIRES: ' �•• K' lRES:FEB.28,2022 Signature Page to Special Warranty Deed'``rrn'A�` Exhibit A BEING all that certain piece, parcel or tract of land lying in the City of Durham, Durham County, North Carolina,and being identified and described as NEW PARCEL,containing approximately 1.463 acres,on the"Recombination Plat for: Howerton-Bryan Co.,Inc."prepared by C. Ryan Davenport,PLS#L-4707 of Stewart Inc., dated February 2, 2017, last revised March 24, 2017, and recorded March 31, 2017 in Plat Book 197 at Page 85 in the Office of the Register of Deeds for Durham County,North Carolina, reference to which is hereby made for a more particular description. Being one and the same property as described by metes and bounds below: BEGINNING AT A POINT IN THE SOUTHEAST CORNER OF THE PROPERTY,ALSO BEING ON THE NORTHERN RIGHT OF WAY OF THE NORTH CAROLINA RAILROAD COMPANY,THENCE WITH THE RIGHT OF WAY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING AND DISTANCE OF N47°47'45"W 70.96' WITH A RADIUS OF 2750.00' TO A PK SET, THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING AND DISTANCE OF N45°32'51"W 144.84'WITH A RADIUS OF 2750.00'TO A PK SET,THENCE ALONG A CURVE TO RIGHT HAVING A CHORD BEARING AND DISTANCE OF N43°32'34"W 47.59' WITH A RADIUS OF 2750.00' TO AN IRON PIPE SET, THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING AND DISTANCE OF N42°35'32"W 43.66' WITH A RADIUS OF 2750.00'TO AN IRON PIPE SET,THENCE LEAVING THE RIGHT OF WAY N37°06'21"E 112,11'TO AN IRON PIPE SET,THENCE S54°28'57"E 38.6T TO AN IRON PIPE SET,THENCE S54°28'57"E 43.67'TO AN IRON PIPE SET,THENCE S52°32'57"E 2.16'TO AN IRON PIPE SET,THENCE S52°32'57"E 144.84'TO A POINT, THENCE N35°27'03"E 149.50'TO AN EXISTING IRON PIPE ON THE SOUTHERN RIGHT OF WAY LINE OF W.MAIN STREET,THENCE WITH THE RIGHT OF WAY S52°32'57"E 72.36'TO AN IRON PIPE SET,THENCE S52°32'57"E 38.01'TO A PK SET,THENCE S52°32'57"E 38.01'TO AN IRON PIPE SET, THENCE S37°09'30"W 156.29' TO AN EXISTING IRON PIPE, THENCE N52°44'35"W 35.68'TO AN IRON PIPE SET,THENCE N52°44'35"W 35.67'TO AN EXISTING IRON PIPE. THENCE S36°I1'35"W 146.34' TO THE POINT AND PLACE BEGINNING, CONTAINING 1.460 ACRES, MORE OR LESS, ALL AS SHOWN ON THAT CERTAIN NSPS/ALTA SURVEY PREPARED BY C. RYAN DAVENPORT, PLS, L-4707 DATED MAY 4, 2017(STEWART PROJECT NUMBER C16054). 5 45285046.I