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HomeMy WebLinkAboutNCC220384_FRO Submitted_20220126FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT EXPRESS PERMITTING OPTION No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.) Part A. 1. Project Name Sky 107 Tom Starling Road 2. Location of land -disturbing activity: County Cumberland City or Township Rockfish Highway/Street Tom Starling Road (SR2220) Latitude N34.9635 Longitude W-78.9154 3. Approximate date land -disturbing activity will commence: January 2022 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Industrial 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 22.43 6. Amount of fee enclosed: $2300 + $2,000. The Express Permitting application fee is a dual charge. The normal fee of $100.00 per acre (rounded up to the next acre) is assessed without a ceiling amount. In addition, the Express Permitting supplement is $250.00 per acre up to eight acres, after which the Express Permitting supplemental fee is a fixed $2,000.00 (Example: 9 acres total is $2,900). 7. Has an erosion and sediment control plan been filed? Yes No Enclosed X 8. Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name —Jimmy Kizer E-mail Address ikizerjr(c�mkrinc.com 0 10 Telephone 910-484-5191 Cell # Fax # 910-484-0388 Landowner(s) of Record (attach accompanied page to list additional owners): Sky 107, LLC. 917-709-2673 Name Telephone 425 E. 52 Street Same Current Mailing Address Current Street Address Fax Number New York NY 10022 Same City State Zip City State Zip Deed Book No. 10348 Page No. 0201 Provide a copy of the most current deed. Part B. 1. Company (ies) or firm(s) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet.) If the company or firm is a sole proprietorship, the name of the owner or manager may be listed as the financially responsible party. Sky 107, LLC. frank(o)-skyrem.com Name E-mail Address 425 E. 52 Street Same Current Mailing Address Current Street Address New York NY 10022 Same City State Zip City State Zip Telephone 917-709-2673 Fax Number 2. a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: Cogency Global Inc. Name E-mail Address 212 South Tryon Street, Suite 1000 Current Mailing Address Current Street Address Charlotte NC 28281 City State Zip City State Zip Telephone 866-775-0114 Fax Number 866-775-0115 (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name E-mail Address Current Mailing Address Current Street Address City State Ip City State Zip Telephone Fax Number (c) In order to facilitate Express Permitting, it is necessary to be able to contact the Engineer or other consultant who can assist in providing any necessary information regarding the plan and its preparation: Moorman, Kizer & Reitzel, Inc. Engineering Firm or other consultant James M. Kizer, Jr., PE Individual contact person (type or print) ikizerir(a)mkrinc.com E-mail Address 910-484-5191 910-484-0388 Telephone Fax Number The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney - in -fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there be any change in the information provided herein. Joseph Righter Authorized Signatory pesor print name Title or Authority t 8/30/2021 Si n ture ' Date I, Damn L .Tokn 5o n a Notary Public of the County of Aill;'_ State of �� , , hereby certify that Joseph Righter appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my hand and notarial seal, this day of a 20 !1M 24L'U� Commonwealth of Pennsylvania • Notary Soil Notary 611 DAWN l J41i+ • Noury Paonc Philadelphia County AY Commission Expires June 30,2025 My commission expires (J17t' 30 A, Ln) -15 Commission Number 1277457 AN NORTH CAROLIN _ Department of the Secretary of State To all whom these presents shall come, Greetings: 1, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of APPLICATION FOR CERTIFICATE OF AUTHORITY OF SKY 107, LLC the original of which was filed in this office on the 13th day of June, 2018. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 13th day of June, 2018. Y 7 � h :1to verifyonline. Certification# C201815900029-1 Reference# C201815900029-1 Page: I of 4 Verify this certificate online at http://www.sosnc.gov/verification Secretary of State I SOSID:171,5367 Date Filed: 6/13/2018 2:15:00 PM Elaine F. Marshall North Carolina Secretary of State J State of North Carolina C2018 159 00029 Department of the Secretaq of State APPLICATION FOR CERTIFICATE OF AUTHORITY FORLIMITED L1ABILITYCOMPANY pursuant to §57f7-7-03 of the Gencral Siatutes of North Carolina, the undersigned litniteA liability company hereby applies for a Certificate of Auihoriiy to transact business in the State of North Carolina_ and for that purpose submits the following: 1. The name of the limited liability company'is _-_ . _ Sky 107, LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to.use is 2. The state or country under whose laws the limited liability company was formed is ;. Principal office information: {Selev either a orb.) a. 1'hc limited liability company has a principal office. The principal: office telephone number: 212-888-6920 Delaware The street address and county of the principal office of the limited liability company is: Number and Street: c/o Sky Mgmt. / 425 East 52nd St. New York . NY 10022 New York City: Stntc:______, !ip Code., County: The mailing address, if'dlffereni f ont the street address. of the principal office of the corporation is: Number and Street: City: _ .� _ State:—_ Zip Code:___.___.___m__.___ County: b. ,. }The limited liability company does not have a principal office. d. The name of the registered agent in the State .of North Carolina is: COGENCY GLOBAL INC. 5. The street address and county of the registered agent's office in the State of North Carolina is; Number and Street:._...-___ _____.__._....... 212 South Ta2_q Street, Suite 1000 _ City:. , Charlotte State: NC 7._ip code:_..__28281 County: Mecklenburg 6, The North Camlina mailing address. ff di%ferenr from thestred address, of the registered agent's office in Ehc Sratc of North . Carolina is; Nuniher and Street: City: State: NC Zip Code:,,,,____.,, -__ Couixy. B SiNFSS f0iGISTRATION DIVISION (Revisal fall= 2017) 11.0. BOX 29612 RAl SIGH, NC 27626-0622 Certification# C201815900029-1. Reference# C201815900029- Page: 2 of 4 APPLiCATION POR CERTIFICATE OF AUTHORITY Page 2 7. The names. titles, and usual business addresses of the current company officials of the limited liability company are: (tree auachmew if necessary) (This document roast. he ,rigned by a person limed in item i) Nome and Tine Alexander Dembitzer - Manager Joseph Righter - Authorized Signatory Businrss Adt�ress 425 E. 52hd St., New York, NY 10022 425 E. 52nd St., .New York, NY 10022 Jonathan Zich - Authorized Signatory 425- E. 52nd St., New York, NY 10022 8. Attached is a certificate of existence for document of similar import), duly authenticated by the secretary of state or other official having custody of limited: liability company records in the state or country of formation. The Certificate of Existence must be less than six monttes old. A photocopy of the certification. cannot be accepted. h. if the limited liability company is required to use a fictitious name in order to transact business in this Slatc, a copy of the resoitit ion of its inanagers adopting the fictitious name is attached. 10. (Optional): Please provide a. business e-mail address: ._._ _._ _ The Seerett ry of S(ate's Office will e-mail the business automatically at the address provided 66Vc at 'ho cost when a .document is tiled. The e-mail nrovided will opt by �icwable on the website. For rtiorc information on why this service is offered, please see the instructions for this document. 11. This application will be efflective upon filing, unless a delayed date and/or time is specified; This ttte 6)'4day o1'._ J w.nc .._ -. 20 t $ Sky 107, LLC - Name u Limited 1.' 'lity Cal #mrr 1 Signahtreoft,,'rnmpgt O�cittl �—'��"___ Jonathan Zich - Authorized Signatory —��__ �y hype or Print .Nunn and 771/e � - ?votes: 1. Filing fee. is 5250. This document must be tiled with the Secretary of State: BUS(NRSS REGISTRATION iJIVISION Wevised.141), 2017) P.O. ROX 29622 RALCiC. H, NC 27626.0622 fl.grm L-09) Certification# C201815900029-1 Reference# C20181,55900029- Page: 3 of 4 v r aw a e Page 1 The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "SKY 107, LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE SEVENTH DAY OF JUNE, A.D. 2018. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "SKY 107, LLC" WAS FORMED ON THE SIXTH DAY OF JUKE, A.D. 2018. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN ASSESSED TO DATE. 6919107 8300 (1"" �� SR#20195029299 You may verify this certificate online at corp.delaware.gov/authver.shtmI Jethcq pt. 8�itty►, Sacrctvry of Stx1n Authentication: 202841214 Date: 06-07-18 Certification# C201815900029-1 Reference# C201815900029- Page: 4 of 4 BK 10348 PG 0201 FILED ELECTRONICALLY CUMBERLAND COUNTY NC J. LEE WARREN, JR. FILED Jul 24, 2018 AT 12:43:06 PM BOOK 10348 START PAGE 0201 END PAGE 0205 INSTRUMENT # 22395 RECORDING $26.00 EXCISE TAX $33,335.00 NORTH CAROLINA SPECIAL WARRANTY DEED It Excise Tax: $, '33 335 Tax Lot No.: Parcel Identifier No. 0424-61-7762 and 0424-51-5845 Verified by Cumberland County on the day of July, 2018 by Mail after recording to: Sky 107, LLC 425 East 52 Street New York, New York 10022 This instrument was prepared by: Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 Brief Description for the index: 107 Tom Starling Road Fayetteville, North Carolina REMAINDER OF PAGE LEFT INTENTIONALLY BLANK, TEXT CONTINUES ON FOLLOWING PAGE M I AM 1 3897900.1 724 96/86393 submitted electronically by "Moss woods PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Cumberland County Register of Deeds. BK 10348 PG 0202 NORTH CAROLINA SPECIAL WARRANTY DEED THIS INDENTURE, made effective as of July , 2018 between GCCFC 2006- GG7 STARLING INDUSTRIAL, LLC, a North arolina limited liability company ("Grantor"), whose address is c/o LNR Partners, LLC, 1601 Washington Avenue, Suite 700, Miami Beach, Florida 33139, in favor of SKY 107, LLC, a Delaware limited liability company ("Grantee"), whose address is 425 East 52 Street, New York, New York 10022: WITNESSETH THAT; GRANTOR, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey to GRANTEE in fee simple, its successors and assigns, all of the real property situated in the County of Cumberland and State of North Carolina, which is more particularly described on the attached Exhibit A (the "Property"), but SUBJECT, HOWEVER, TO: Subject however, to: (a) Real property taxes and assessments for the year 2018 and thereafter; (b) Zoning and other regulatory laws and ordinances affecting the Property; (c) Matters that would be disclosed by an accurate survey; and (d) Easements, plats, rights of way, limitations, conditions, reservations, covenants, restrictions, and other matters of record. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. GRANTOR, for its successors and assigns, does hereby covenant with GRANTEE that GRANTOR has done nothing to impair such title as GRANTOR received, the GRANTOR is lawfully seized of the Property in fee simple, that title is marketable and flee and clear of all encumbrances (except as described herein), that the GRANTOR has good right and lawful authority to sell and convey the Property, and that the GRANTOR. fully warrants and will defend the title to the Property against the lawful claims of all persons claiming by, through or under the GRANTOR, but against none other, The Property was acquired by Grantor by Substitute Trustee's Deed dated July 27, 2012 and recorded July 27, 2012 in Book 08956, Page 0035 as instrument No. 27500, with the Cumberland County Register of Deeds. M 1 A M I 5897900.1 72496/86393 BK 10348 PG 0203 Grantor has caused these presents to be executed and delivered as of the date first above written. Witnesses: f Signature: Print Name: Angela OsplM Signatu Print N STATE OF FIPRIDA ) ) SS. COUNTY OF MIAMI-DADS ) GRANTOR: GCCFC 2006-GG7 STARLING INDUSTRIAL, LLC, a North Carolina limited liability company By: LNR Partners, LLC, a Florida limited liability company, its manager By: Name: SWia D. Permits Title: Vice President The foregoing instrument was acknowledged before me this o) day of July, 2018 by S`er®D.Rmha , as Vice President of LNR Partners, LLC, a Florida limited liability company, as manager of GCCFC 2006-GG7 STARLING INDUSTRIAL, LLC, a North Carolina liability company, on behalf of the company. He is personally kno twt�o�-or has produced a driver's license as identification. Notary Publi Print Name: i Serial No. (if any): My Commission E MIAMI 5897900.1 72496/86393 i BK 10348 PG 0204 EXHIBIT A LEGAL DESCRIPTION Lying and being in Rockfish Township, bound by Tom Starling Road, US Highway 301, Rockfish Creek and the property now or formerly owned by N.H. McGeachy, and being the same properties shown on a Plat entitled, "Subdivision of A.F. Carolina for MAC Acquisitions", Recorded at the Cumberland County Registry in Book 116, page 132, more fully described as follows; Parent Tract Commencing at an existing iron pipe at the intersection of the northern margin of Tom Starling Road with the eastern right of way margin of U.S, Highway 301 said beginning point being also N.37027' 17"E, 690,19 feet from North Carolina Geodetic Monument "Black" said Commencing point also having NAD ground coordinates N. 441423.3967 E. 2024890.8891• and running thence from said Commencing point with the northern 100 foot right of way margin of Tom Starling Road; S.62°55'34"E, 469.90 feet to a concrete right of way monument the point of curvature of a curve thence with said curve (the radius of which is 1839,86 feet) as it curves to the west an arc distance of 377.08 feet (Chord Bearing and Distance S,6M7'54"E. 376.42 feet) to a new iron rebar in the said curve in the northern 100 foot right of way margin of Tom Starling Road and the True Place of Beginning; thence a new line, passing 5 feet west and parallel more or less to a row of power poles and a chain link fence, N.14°16'36"E. 1850.D0 feet to a set iron rebar set in the top of bank of Rockfish Creek; thence continuing N.14116'36"E. 15.64 feet to a point on the south bank of Rockfish Creek; thence N.73°18'00"E. 64.16 feet; thence S,82054'00"E. 165,00 feet; thence S.68'08'00"E. 55.00 feet; thence S.39'04'00"E. 200.00 feet; thence S.60'30'00" E. 85.00 feet; thence S.79°00'00"E. 65.00 feet; thence N.81 100'00"E, 95.00 feet; thence S.81134'00"E, 45,00 feet; thence S,63°28'00"E. 120.D0 feet; thence S.79°56'00"E. 55,00 feet; thence N,87°56'00"E. 55.D0 feet; thence N.63°06'00"E. 60.00 feet; thence N.33'42'00"E, 50.33 feet; thence N,20016'00"E. 170,00 feet; thence N.40'55'00"E, 75.00 feet; thence N.54018'00"E, 85.00 feet; thence N.80'57'00"E. 55.00 feet; thence S.74957'00"E. 60,00 feet; thence S,36027'00"E, 50.00 feet; thence S.24021'00"E, 60.00 feet, thence S.04°04'00"E. 70.00 fact; thence S,08118'00"W, 210.00 feet; thence S.04032'00"E, 70.00 feet; thence S.40'06'00"E. 220,00 feet; thence S. I 0'39'00"E. 233.28 feet; thence S.23012'00"E. 152,32 feet; thence S.34°53'05"E. 54.00 feet; thence S,50'03'06"E. 75.00 feet; thence S,70100'00"E. 60.00 feet; thence S.79°44'00"E. 65.00 feet; thence N,80'12'00"E. 70,00 feet; thence N.58118'00"E. 50.00 feet; thence NA1100'00"E. 60.00 feet; thence N.29152'00"E. 150.00 feet; thence N.39050100"E. 50.00 feet; thence N.66°42100"E. 45,00 feet; thence S.84034'00"E, 80.00 feet; thence S,62'38'00"E, 130.00 feet; thence S.46'53'00" E, 330.00 feet; thence N,81 °20'00"E, 54.71 feet; thence leaving the creek along the N.H. McGeachy line S,44'40'00"E, 72,67 feet to an existing iron pipe; thence S,25'34'40"W. 220.85 feet to an existing concrete monument; thence S,19' 14'31 "W, 55.67 feet to an existing iron pipe; thence S.01045'15"E. 128,08 feet to an existing iron pipe; thence S.03°07'34"W. 117.96 feet to an existing concrete monument, thence S.76'58'43"W, 194.53 feet to art existing concrete monument; thence S,51010'59"W. 214.27 feet to an existing concrete monument; thence S,63°27'08"W. 130.73 feet to an existing iron pipe; thence S.78'49'35"W. 4834 feet to an existing iron pipe; thence N.60'25'5T'W. 36.05 feet to an existing iron pipe; thence S,72°02'00"W, 93,60 feet to an existing concrete monument; thence 5,49v35' 18"W. 109.63 feet to an existing concrete monument; thence S.64007'24"W, 84.60 feet to an existing iron pipe; thence S,39v07'09"W. 59.78 feet to an existing iron pipe; thence S,86105'47"W. 54.52 feet to an existing concrete monument; thence S,56046'09"W. 152.82 feet to an existing iron pipe; thence S,48'07'10"W, 99.57 feet to an existing concrete monument; thence S.52°39'40"W. 109.48 feet to an existing concrete monument; thence S.29'11'29"W. 124.37 feet to an existing iron pipe in the northern 100 foot right of way margin of Tom Starling Road; thence with said margin N.49039'33"W, 137.20 feet to the point of curvature of a curve thence with said curve (the radius of which is 646.20 feet) as it curves to the west an are distance of 375,24 feet (Chord Bearing and Distance N.63143'47"W, 369.99 feet) to a concrete monument; the point of tangency of said curve in the northern margin of Tom Starling Road; thence continuing with said northern margin N,76044'21"W, 550,13 feet to a concrete right of way monument; the point of curvature of a curve; thence with said curve ( the radius of which is 11,389.16 M 1 A M 1 5897900.1 7249 6/863 93 A BK 10348 PG 0205 feet) as it curves to the west an arc distance-otr266.22 feet (Chord Bearing and Distance N.76°28' 19"W. 266,21 feet) to a concrete right of way monument; the point of tangency of said curve in the northern 100 foot right of way margin of Tom Starling Road; thence continuing with said northern margin N.751156'33"W, 434.60 feet to a cotton spindle near the center of an asphalt drive entrance, the point of curvature of a curve; thence continuing with said curved northern margin (the radius of which is 1839.86 feet) as it curves to the west an are distance of 44.50 feet (Chord Bearing and Distance N.75°01'46"W, 44.50 feet) to a new iron rebar in the said curve in the northern 100 foot right of way margin of Tom Starling Road and the True Place of Beginning and containing 97.57 acres, more or less. New Tract Beginning at an existing iron pipe at the intersection of the northern margin of Tom Starling Road with the eastern right of way margin of U.S. Highway 301 said beginning point being also N.37°7' 17"E, 690.19 feet from North Carolina Ceodetic Monument "Black" said Beginning point also having NAD ground coordinates N. 441423,3967 E. 2024890,8891 and running thence from said beginning point with the eastern right of way margin of U.S. Highway 301 N.22° 14'49"E. 630,07 feet to an existing iron pipe; thence S.48106'00"E, 81.00 feet; thence N.71°56'00"E, 242,00 feet; thence N,40°12'00"E. 105.00 feet to a point on the south bank of Rockfish Creek; thence down the south bank of the creek with is various meanders the following courses and distances N,81054'00"E, 50.00 feet; thence N.52'40'00"E. 95.00 feet; thence N.37°48'00"E, 100.00 feet; thence N,21100'00" E. 45.00 feet; thence N.05°10'00"W. 60.00 feet; thence N.2 I '36'00"W, 140,00 feet; thence N.07°45'00" W. 50.00 feet; thence N,20°18'00"E. 50.00 feet; thence N.33"12'00"E. 75.00 feet; thence N,49°45'00"E. 255.00 feet; thence N.73118'00"E. 250.67 feet; thence a new line, S.14016'36"W. 15.64 feet to a set iron rebar in the top of bank of Rockfish Creek; thence continuing passing 5 feet west and parallel more or less to a row of power poles and a chain link fence to a new iron rod in the curved northern 100 foot right of way margin of Torn Starling Road; thence continuing with the curved northern margin (the radius of which is 1839,86 feet) as it curves to the west an arc distance of 377.08 feet (Chord Bearing and Distance N,68°27'54"W. 376.42 feet) to a concrete right of way monument the point of tangency of said curve in the northern 100 foot right of way margin of Tom Starling Road; thence with said northern margin N.62°55'34"W. 469,40 feet to the Beginning and containing 21.10 acres, M IAMI 5897900.1 72496/86393