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HomeMy WebLinkAboutNCC215944_FRO Submitted_20211027Durham City/County Sedimentation and Erosion Control JCN (Office Use Only) FINANCIAL RESPONSIBILITY/OWNERSHIP FORM WITH LANDOWNER CONSENT FORM No person may initiate any land -disturbing activity covered by the Durham City -County Unified Development Ordinance before a Land Disturbing Permit is issued by the Sedimentation and Erosion Control Office. Issuance of a Land Disturbing Permit does not relieve the permittee of the obligation to obtain any other licenses, permits and approvals as may be required by Federal, State, County or Municipal governments. This office must be notified in writing of any change to the information on this form. PLEASE TYPE OR PRINT 1. Project name: Umstead Grove 2. Road location of land -disturbing activity:_ 1709 Umstead Road, 1)urham NC 27712 Tax Map - Block - Parcel 182247 PIN: 0814-02-67-1027 3. Square footage of land to be disturbed or uncovered: 15.00 acres 4. List below the landowner of record. Each landowner must complete Item 8. (If there are multiple owners, please list on a separate page): Avery Michael V Name 3704 PaLre Rd. Address Morrisville NC City State Zip Telephone Fax Email 5. List the person or entity financially responsible for this land -disturbing activity: The financially responsible party shall be (1) the developer or other person who has or holds themselves as having financial or operational control over the land - disturbing activity and/or (2) the land owner or person in possession or control of the land when they have directly or indirectly allowed the land -disturbing activity or have benefited from it and (3) the named party on the Land Disturbing Permit. M/I Homes of RaleiLyh. LLC Name _1511 Sunday Drive, Suite 100 Street Address Raleigh NC_ r 27607 City State Zip 919 233-5725 eleatham a3mihomes.com Telephone Fax Email The Sedimentation and Pollution Control Act (Act) and the Durham City -County Unified Development Ordinance (Ordinance) includes, but is not limited to, the following legal obligations of the financially responsible party: ■ Maintain a set of approved sedimentation and erosion control plans, if required, on site. ■ Display permit on site. ■ Understand and implement any required plan, including the construction sequence and details. ■ Inspect, maintain and repair sedimentation and erosion control measures, especially after rainfall events. ■ Provided adequate ground cover or otherwise stabilize all areas that have not been actively graded within 21 calendar days. 201 E. Main St, 51' Floor, Durham, N.C. 27701 ■ (919) 560-0735 ■ Fax (919) 560-0740 www.co.durham.nc.us/ceng Plan and conduct all land -disturbing activity so as to prevent off -site sedimentation. 6. For business applicants, list below the North Carolina registered agent for the financially responsible entity: (fvofpo jai L 154e4V ecG. ( c� oark- . Name 2,1aC rest �1V ©o eu Street dr s -7�o5b City State Zip Telephone Fax Email 7. The above information is true and correct to the best of my knowledge and belief and was provided by me while under oath. I understand that the person or entity listed on Line 5 above will be: (1) the owner of the Land Disturbing Permit when issued; (2) responsible for ensuring compliance with the Act and Ordinance; and, (3) will be the only person or entity with standing to appeal any action taken or decision made by the Sedimentation and Erosion Control Office. -2 Leatham Date Type or Print Name , icG'� ✓�r��aa Notary Public of the County of /tZ State of 061 f1 G t-al­0— , hereby certify that 5 /.6 Xggjjglly.came before me this day and acknowledged that e is f/P C' `sir 7U 3 G����S � and acknowledged, on behalf of )vu J_ the due execution of the foregoing instrument. t LJ 81. r.l� l_ y t 20 itnes�y liancand ofiaciai seal, this day of ....• Col.1N�:••''' _ N aryP li.c �11111 �H't B wl'j►wyllmissionexpires fS ,20 . Individual Applicant I, State o a Notary Public of the County of hereby certify that personally appeared before me this date and under oath acknowledged that the above form was executed by them. Witness my hand and official seal, this My commission expires day of Notary Public 20 LAND DISTURBING PERMITS ARE NON -TRANSFERABLE 20 Provide a Notarized Item 8 for each landowner listed in Item 4. 8. Land Owner Consent. As a landowner, I provide my consent for land -disturbing activities to occur on the property listed in Item 2 by the person or entity listed in Item 5. �U.s (_ 7, a � _ Avery Michael V Date — ~ Type or Print Name 5l 2 D Telephone Fax Titlg.WAuthor4y j r. Email Signa Business Landowner (Provide corporate resolution on signatory authority) a Notary Public of the County of State of hereby certify that personally came before me this day and acknowledged that he is of Witness my hand and official seal, this My commission expires and acknowledged, on behalf of the due execution of the foregoing instrument. 20 day of 20 Notary Public #################*##*#####*########*#*#*##*###***####*##*##**#*######*######*#*##*######***#s#**##****##*##########**############ Individual Landowner I, , k�owq M offo u-ay a Notary Public of the County of _ I�,�._ State of ' �f � �E ��� , hereby certify that Ml""2 l &+ ' Joe ry personally appeared before me this date and under oath acknowledged that the above form was executed by them. Witness my hand and official seal, this I r dayof 20 ;�_f Notary Pub c it My commission expires 05 0 20 d.5- SE-03 `'M��I ►►►►i Rev.07/06 # O w► O y �r d • AN ACTION BY WRITTEN CONSENT OF THE MANAGEMENT COMMITTEE OF M/I HOMES OF RALEIGH, LLC WITHOUT A MEETING The undersigned, being all of the members of the Management Committee of M/I Homes of Raleigh, LLC, a Delaware limited liability company (the "Company"), hereby authorize, take, approve and consent to the actions expressed in the following recitals and resolutions without a meeting to be effective as of August 1, 2020: Election of Officers WHEREAS, the members of the Management Committee of the Company desire to elect the officers of the Company and to set forth the powers that shall be possessed by and duties that shall be performed by various officers of the Company; NOW, THEREFORE, BE IT: RESOLVED, that the following persons be, and they hereby are, elected to the offices of the Company set forth opposite their respective names to serve until their successors are duly elected: Robert H. Schottenstein Chief Executive Officer and President Phillip G. Creek - Executive Vice President and Chief Financial Officer J. Thomas Mason - Executive Vice President, Chief Legal Officer and Secretary Donald R. Westfall - Senior Vice President and General Counsel Sarah L. Herbert - Vice President and Assistant General Counsel Zachary M. Sugarman - Vice President and Assistant General Counsel MacDonald W. Taylor - Corporate Counsel Kevin C. Hake _ Treasurer and Senior Vice President, Finance and Business Development Mark Kirkendall - Vice President Housing/Land Controller Randy Green - Assistant Controller Fred J. Sikorski - Senior Vice President and Region President Ryan Shears - Area President Britton Spivey - Vice President, Land Acquisition Erica Leatham - Vice President, Land Acquisition Allison Moriarty - Vice President, Sales and Marketing Ashley Rain - Sales Manager Victoria L. Sheets - Assistant Secretary Ruth Waters - Assistant Secretary Jill Heineman - Assistant Secretary Scone of Authority of Chief Executive Officer and President RESOLVED, that the Chief Executive Officer and President, be, and hereby. is, authorized and empowered to execute and deliver in the name of and on behalf of the Company any and all documents and agreements and to take all actions that he, in his sole and absolute discretion, may deem necessary and appropriate in order to further the business and affairs of the Company, except as otherwise provided by law, the Certificate of Formation or the Operating Agreement of the Company. -2- Borrowing and PledgiM of Collateral Interests RESOLVED, that the Chief Executive Officer and President, be, and hereby is, authorized and empowered to make borrowings in the name of and on behalf of the Company and to pledge as collateral the real or personal property of the Company to secure the same, as he in his sole and absolute discretion, may deem necessary in order to further the business and affairs of the Company; and FURTHER RESOLVED, that the Chief Executive Officer and President, the Executive Vice President and Chief Financial Officer, the Executive Vice President, Chief Legal Officer and Secretary, the Senior Vice President and General Counsel, the Vice President and Assistant General Counsel, the Corporate Counsel and the Treasurer and Senior Vice President, Finance and Business Development (the "Authorized Officers") be, and each of them, acting individually, hereby is, authorized and empowered to execute and deliver in the name and on behalf of the Company any and all documents that may be required to effectuate borrowings or pledge collateral authorized in writing by the Chief Executive Officer and President of the Company including, but not limited to, notes, loan agreements, mortgages, deeds of trust, security agreements, letter of credit applications and agreements, guarantees, interest rate risk management agreements including ISDA master agreements, schedules and confirmations, and all other documents necessary to consummate such transactions; FURTHER RESOLVED, that the Treasurer and Senior Vice President, Finance and Business Development shall (i) receive and safely keep all money, bills, notes, securities and similar property belonging to the Company, and shall do with or disburse the same as directed by any one or more of the Authorized Officers; (ii) keep an accurate account of the finances and business of the Company, including accounts of its assets, liabilities, receipts, disbursements, gains, losses and interests, together with such other accounts as may be required, and hold the same open for inspection and examination; (iii) be authorized and empowered to execute and deliver in the name and on behalf of the Company any and all letter of credit applications and agreements and bond applications and agreements; and (iv) have such additional powers and duties as Authorized Officers may from time to time assign to him/her; and FURTHER RESOLVED, that the Vice President Housing/Land Controller and the Assistant Controller are empowered to execute and deliver in the name and on behalf of the Company any and all bond applications and agreements, letter of credit applications and agreements, and shall have such additional powers and duties as the Authorized Officers may from time to time assign to him/her. Purchase, Option or Lease of Properly RESOLVED, that the Authorized Officers be, and each of them, acting individually, hereby is, authorized and empowered to execute and deliver in the name and on behalf of the Company any and all documents that may be required to effectuate (i) the lease, option to purchase, purchase or exchange of real -3- property (improved or unimproved) by the Company; (ii) the lease or purchase of personal property by the Company; and (iii) borrowings in the nature of seller financing and mortgages, deeds of trust or security agreements pledging the property so acquired as collateral to secure such borrowings; and FURTHER RESOLVED, that the Senior Vice President, Region President, and the Area President, be, and each of them acting individually, hereby is, authorized and empowered to execute and deliver in the name of and on behalf of the Company any and all documents that may be required to effectuate the closing of the purchase or exchange of real property (improved or unimproved) to the extent such purchase or exchange has been authorized in writing by, or the contract obligating the Company to purchase the same has been executed by, any one or more of the Authorized Officers, including, but not limited to, closing statements and other documents similar thereto, affidavits, notes and mortgages or deeds of trust in favor of the seller, other agreements contemplated by the purchase contract and other certifications as may be required at the Company's closings (or as to which any such officers has executed the purchase contract obligating the Company to such purchase). FURTHER RESOLVED, that the Vice President Housing/Land Controller, be, and acting individually, hereby is, authorized and empowered to execute and deliver in the name and on behalf of the Company any and all model home lease agreements. Sale of Property RESOLVED, that the Authorized Officers be, and each of them, acting individually, hereby is, authorized and empowered to execute and deliver in the name and on behalf of the Company any and all documents that may be required to effectuate the sale, lease or other conveyance of any real or personal property of the Company, wherever located; FURTHER RESOLVED, that the Senior Vice President and Region President, the Area President, the Sales Manager, and the Vice President, Sales and Marketing be, and each of them, acting individually hereby is, authorized and empowered to execute and deliver in the name of and on behalf of the Company contracts and all addenda related thereto for the sale and conveyance of any real property improved with housing (attached or detached and including without limitation, townhomes), owned by the Company; FURTHER RESOLVED, that the Senior Vice President and Region President, and the Area President be, and each of them, acting individually, hereby is, authorized and empowered to execute and deliver in the name of and on behalf of the Company any and all documents that may be required to effectuate (i) the sale and conveyance of any real property improved with housing (attached or detached and including, without limitation, townhomes), owned by the Company; (ii) the conveyance of common areas or areas designated as reserves, conservation easements, green space, or other terms of similar meaning, to political subdivisions, homeowners associations or other similar entities, which areas are -4- owned by the Company; (iii) the sale and conveyance of any other real property owned by the Company to the extent that such sale and conveyance has been authorized in writing by, or the contract obligating the Company to sell the same has been executed by, any one or more of the Authorized Officers, including, but not limited to, closing statements and other documents similar thereto, affidavits, other agreements contemplated by the sale contract and other certifications as may be required at the Company's closings, but in any event not including deeds; and (iv) such other acts and things that may be necessary, convenient or appropriate to effectuate and carry out each and all of the transactions contemplated by this resolution; FURTHER RESOLVED, that the Senior Vice President, Region President, and the Area President be, and each of them, acting individually, hereby is, authorized and directed to submit to any one or more of the Authorized Officers from time to time a list of employees or legal professionals in the geographic area of responsibility of such Region President, or Area President to represent the Company at closings wherein the Company is selling, transferring, and/or delivering parcels of real property in the ordinary course of its business; and FURTHER RESOLVED, that such employees of the Company or legal professionals who have been or hereafter are recommended by the Senior Vice President and Region President, or the Area President in the manner set forth in the immediately foregoing resolution and who are approved in writing by any one or more of the Authorized Officers be, and each of them, acting individually, hereby is, authorized and empowered for and on behalf of the Company: (i) to execute and acknowledge closing statements and other documents similar thereto, including, but not limited to, affidavits, the FHANA Amendatory Clause and Real Estate Certification addendum, and other certifications as may be required at the Company's closings and that may be necessary and proper to effectuate the expedient sale or transfer by the Company of parcels of real property; (ii) to receive on behalf of and in the name of the Company the consideration paid in connection with each and all of the transactions contemplated by this resolution; and (iii) to do such other acts and things (other than executing deeds) that may be necessary, convenient or appropriate to effectuate and carry out each and all of the transactions contemplated by this resolution; provided, however, that if any employee or legal professional so approved shall no longer be employed by the Company, or the authority of such employee or legal professional shall be rescinded in writing by any one or more of the Authorized Officers, then the authorization heretofore granted such employee or legal professional shall expire and terminate on the date of such termination of employment or rescission of authority and such person shall in no way be authorized or empowered to act on behalf of or to represent the Company thereafter. -5- Development of Real Property Miscellaneous RESOLVED, that the Authorized Officers, the Senior Vice President and Region President, the Area President, and the Vice President, Land Acquisition be, and each of them, acting individually, hereby is, authorized and empowered to execute and deliver in the name and on behalf of the Company: (i) any and all documents that may be required to effectuate the recording of a final plat of real property, including, but not limited to affidavits, easements, zoning/variance requests and other documents similar thereto, that may be necessary and proper to effectuate the recording of the final plat or otherwise develop real property for the purpose of constructing housing thereon; and (ii) to do such other acts and things that may be necessary, convenient or appropriate to effectuate and carry out each and all of the transactions contemplated by this resolution; and FURTHER RESOLVED, that the Authorized Officers, the Senior Vice President and Region President, the Area President, and the Vice President, Land Acquisition be, and each of them, acting individually, hereby is, authorized and empowered to execute and deliver in the name of and on behalf of the Company any and all documents that may be required to effectuate contractor/owner development contracts and development agreements and other documents with utility companies and with various governmental municipalities, including without limitation tap agreements and temporary construction easements, and to do such other acts and things that may be necessary, convenient or appropriate to effectuate and carry out each and all of the transactions contemplated by this resolution. RESOLVED, that any one or more of the officers (including without limitation the Assistant Secretaries) of the Company be, and each of them, acting singly, hereby is, authorized and empowered to countersign or attest any and all documents executed by another authorized officer of the Company as may be required to effectuate the sale or conveyance of any real or personal property owned by the Company or to effectuate the lease, option to purchase or purchase of improved real property, land or lots, or personal property by the Company; FURTHER RESOLVED, that each document of sale, purchase or conveyance to be executed by the Company shall require the signature of only one of the officers of the Company authorized herein to execute such document, except as may otherwise be required by law; FURTHER RESOLVED, that the authority granted hereby to each officer named herein (i) shall be effective only so long as he or she remains in at least one of the offices of the Company indicated herein or hereafter with respect to such individual and (ii) shall be effective for such officer's successors as elected from time to time until superseded by resolution of the Management Committee of the Company; and gem FURTHER RESOLVED, that the foregoing resolutions shall replace and supersede all resolutions previously adopted with respect to the authority of officers of the Company in connection with the matters governed thereby. IN WITNESS WHEREOF, the undersigned, being all of the members of the Management Committee, hereby indicate in writing their authorization and approval of, and consent to, the foregoing actions and resolutions without a meeting, to be effective as of the date first set forth above. s R bert H. Schottenstein .l. Thomas Mason -7- Phillip G. Creek