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HomeMy WebLinkAboutNCC221285_FRO Submitted_20220405For TOWF Use Only Project Name: Date Received: i Date Approved: i Application #: Acres: Fees Paid: TOWN of WAKE FOREST LAND DISTURBING (E&SC) PERMIT APPLICATION, PLAN CHECKLIST, & FINANCIALLY RESPONSIBLE OWNER (FRO) FORM NO PERSON MAY INITIATE ANY LAND -DISTURBING ACTIVITY ON 1/2 ACRE OR MORE BEFORE THESE FORMS, FEES, AND AN EROSION AND SEDIMENTATION CONTROL PLAN SEALED BY A NORTH CAROLINA REGISTERED PROFESSIONAL ENGINEER OR LANDSCAPE ARCHITECT HAVE BEEN COMPLETED AND APPROVED BY THE TOWN OF WAKE FOREST. MULTIPLE SINGLE FAMILY LOTS THAT DISTURB MORE THAN Y2 ACRE ALSO REQUIRE A PERMIT AND SHALL FOLLOW THE STANDARD PROCEDURES OUTLINED BELOW. SEETHE UNIFIED DEVELOPMENT ORDINAN,. FOR ADDITIONAL INFORMATION AND FULL ORDINANCE REGULATIONS. NOTE: THE APPLICATION FEE OF $500.00 PER ACRE ROUNDED UP TO THE NEXT ACRE 1. E.: 2.1 ACRES = 2 ACRES* $500 = $1,ODOj IS DUE AT TIME OF SUBMITTAL. IF FEES ARE NOT SUBMITTED THE PLAN WILL AUTOMATICALLY BE DISAPPROVED. DISCLAIMER: TOWN OF WAKE FOREST FEES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. PLEASE CALL 919-435-9443 TO CONFIRM CURRENT FEES AND CHARGES. PART A: PROJECT INFORMATION PROJECT NAME G F-c qf, 1 s- S E 1. TAX PIN NUMBER t W 9 � D'A,96 2. ZONING 4 V t) RZ-1$ -l5 3. LOCATION/ADDRESS OF TRACT 1 I O5 o L16 01 MILL- RW J SAZ&Zl 3 4. SUBDIVISION 1'�lE(iMA66 FeM MAR-k6-Ts _ ? OwILLoT# 5. DEED BOOK 1 U 60D PAGE Z3 `'3 *PLEASE PROVIDE A COPY OF THE MOST CURRENT DEED 6. PURPOSE OF DEVELOPMENT_ 7. TOTAL NUMBER OF UNITS z:73 61 I1M-MitLL WT5 8. PERCENT IMPERVIOUS SURFACE 9. TOTAL TRACT ACREAGE: 2 D• 95 A L 10. TOTAL ACREAGE DISTURBED (INCLUDING OFF -SITE UTILITIES AND ROADWORK): 11. AMOUNT OF FEE ENCLOSED: ROUNDED UP ACREAGE * $500/ACRE = $ CHECK NUMBER DATE PAID t9.5D DISCLAIMER: Town of Wake Forest fees and charges are subject to change without notice. Please coH 919-435- 9443 to confirm current fees and charges. 12. PROPERTY OWNER(S) (PROVIDE LIST OF ADDITIONAL PROPERTY OWNERS ON AN ATTACHED SHEET): NAME. ST" �y /OAM� NOWK LLC- E-MAIL ADDRESS 111- "1 D FLA 7- 4 A lROVA C A DR 51-6 116D -- eeslrA) ,_) A Z-D I cl D PHONE CELL 13. PERSON TO CONTACT SHOULD EROSION AND SEDIMENT CONTROL ISSUES ARISE DURING LAND -DISTURBING ACTIVITY: NAME 6e«AJ kc TeH6p4 E-MAIL ke4c k em b k 5TAt46 MAr11AJ -GeYA ADDRESS 4 O ZI) W ETI-CNASt 601b S1-6 170 F-41.6168 ft\J Ci ZT 6b PHONE till 9-17 �)-Ub CELL 'It1 -72-A 062-4 14. PLANS PREPARED BY iA60AwiSr ADDRESS_ / ' (%��/ !�{ Y�/'s � Fig-"J 014RIAW11 /v l� � %713 EMAIL Ly�t L'AeG1Ckk&'q ] L` t • E CpYVN PHONE- / d U7 _J CELL -JOV- 36,'ol, 15. DOCUMENTS SUBMITTED (SUBMITTER TO PLACE A CHECK MARK IN THE BOX): FEES ($500 per acre rounded up, due upon I" review) FINANCIAL RESPONSIBILITY OWNER FORM COMPLETED PLAN CHECKLIST PLANS (to be submitted with construction set) E&SC CALCULATIONS (1 copy) STORMWATER CALCULATIONS (1 copy) MAINTENANCE AND OPERATION AGREEMENT NCDOT Encroachment/Driveway Permit DWQ 401 Permit USACOE 404 Permit NCG010000 Permit COC EROSION & SEDIMENT CONTROL SURETY APPROXIMATE DATE LAND -DISTURBING ACTIVITY WILL COMMENCE: �1-a d/ THE SOIL EROSION AND SEDIMENTATION CONTROL PLAN, supporting documents, maps and computations submitted for the above tract conform to the requirements of all applicable sections of the Town of Wake Forest Erosion & Sedimentation Control Ordinance outlined in the UDO. r Oct 8 2�..b�P-M rZ GROUP MANAGER MCADAMS TITLE 10-8-21 DATE PART B. FINANCIALLY RESPONSIBLE OWNER (FRO)/PERSONS INFORMATION 1. PERSON(S) OR FIRMS WHO ARE FINANCIALLY RESPONSIBLE FOR THE LAND -DISTURBING ACTIVITY (PROVIDE A COMPREHENSIVE LIST OF ALL RESPONSIBLE PARTIES ON AN ATTACHED SHEET): �TANI M W' to RMfhl LA-C NAME 111-1 u Puna A s L(CA M s-r b I 1 VID ADDRESS QKwj CITY PHONE EMAIL /A ZD(lo STATE ZIP CODE CELL 2. IF THE FINANCIALLY RESPONSIBLE PARTY IS NOT A RESIDENT OF NORTH CAROLINA, GIVE NAME AND STREET ADDRESS OF THE DESIGNATED NORTH CAROLINA AGENT: B RIh,N 4TCKENt Kp4ckewl6 k epj0'Alt7r► of 1It .Cary-t NAME EMAIL 4DZD WCSTCvASr✓ 51,Vi) ETC � D ADDRESS GH nCl CITY STATE ZIP CODE PHONE °ll 77-q b62� CELL 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: CT CO RPbOATIOA) SySTEftt NAME OF REGISTERED AGENT E-MAIL ADDRESS J �o MINE I U6 CT ADDRESS 9AL&6H A) CITY STATE ZIP PHONE FAX 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. 16r2 t A,,,,) h Gcf� N IGNATURE TITLE OR AUTHORITY �r7-D( DATE ✓J Okv' I, '36kd4in iAk'— , a Notary Public of the County of W OI C _ , State of North Carolina, hereby certify that 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 0 Gbbcr , 20-7-1 N ary My commission expires 1E 2. :$Ku,i?snuurc1uZsi 3 WAKE COUNTY. NC 119 TAMMY L. BRUNNER REGISTER OF DEEDS PRESENTED 8 RECORDED ON 07/15/2021 16:24:04 STATE OF HC REAL ESTATE EXCISE TAX: $21.000.00 HOOK:019600 PAGE:02313 — 02320 Excise Tax $21,000.00 Mail after recording to: Grantee This instrument was prepared by: Longleaf Law Partners (JCK Brief description for the Index: Lot 3, Book of Maps 2021, Page 1192 Real Estate ID No:0484532 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made as of this 16*7 day of July, 2021, by and between GRANTOR G98 COMMERCIAL, LLC, a Florida limited liability company 201 E. Las Olas Blvd., Suite 1200 Fort Lauderdale, Florida 33301 GRANTEE STANLEY MARTIN HOMES, LLC, a Delaware limited liability company 11710 Plaza America Drive, Suite 1100 Reston, Virginia 20190 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Cary, Wake County, North Carolina, and more 3mu iouuurouza 1,4 particularly described in Exhibit A, that is attached hereto and incorporated herein for all purposes, and the buildings, structures, fixtures, and other improvements on the Property (the "Pro a "). The Property hereinabove described was acquired by Grantor by instrument recorded in Book Page 23 0 I . Wake County Registry. All or a portion of the Property herein conveyed does not include the primary residence of Grantor. 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 Grantor covenants with 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, except for the following: See Exhibit B attached hereto and incorporated herein by reference for Permitted Exceptions. This conveyance is also made subject to the Right of First Refusal as more particularly described on Exhibit C attached hereto and incorporated herein by reference. d1 lV a—W—Wo VVLV iV IN WITNESS WHEREOF, Grantor has caused this instrument to be signed and delivered as of the day and year first above written. G98 COMMERCIAL, LLC, a Florida limited liability company By: S-G98 Commercial, LLC, a Florida limited liability company, its manager By: Name: D Title: Vice President STATE OF - `o r i �a COUNTY OF 3 I, A& W �Va"+�•t , a Notary Public for said County and State, do hereby certify thd David Chanon personally came before me this day and acknowl he is Vice President of S-G98 Commercial, LLC, manager of G98 Commercial, LLC, and'being thoriz to do so, executed the foregoing on behalf of such entity. Witness my hand and official stamp or seal this N day of July, 20 My Commission Expires: 04d\\3 [NOTARIAL SEAL] Lynda Watkins COMMISSION 0 QG273353 .� ow WHO: M" 19, 2023 80nd9d 7k0 Ann Nobq 51Xv i aouurwz31 U EXHIBIT A LEGAL DESCRIPTION BEING all of Lot 3 containing approximately 20.8486 acres as shown on that plat of record entitled "Existing Lot Map, Property of Wegmans Food Markets, Inc & Wake Forest Holdings, LLC" recorded in Book of Maps 2021, Page 1192, Wake County Registry. JKU'I t50UUF'hUG3'I / EXHIBIT B PERMITTED EXCEPTIONS 1. Taxes or assessments for the year 2021, and subsequent years, not yet due or payable. 2. Building restriction lines, easements, rights of way or any other facts as shown on plat recorded in Book of Maps 1935, Page 12; Book of Maps 2014, Page 1067; Book of Maps 2016, Page 2049; and Book of Maps 2020, Page 517, Wake County Registry. 3. Easement set forth in instrument recorded in Book 4372, page 663, Wake County Registry. 4. Memorandum of Action by the Department of Transportation recorded in Book 1063 8, page 2714 and in connection therewith Consent Judgment in favor of the Department of Transportation recorded in Book 11880, page 1797, Wake County Registry. 5. Deed of Easement with General Warranty for Sanitary Sewer Easement & Temporary Construction Easement to the City of Raleigh recorded in Book 15912, page 1399, Wake County Registry. 6. Temporary Easement Agreement recorded in Book 17650, Page 479, Wake County Registry, as amended by First Amendment to Temporary Easement Agreement recorded in Book 17974, Page 1, Wake County Registry. 7. Ordinance 2019-23, An Ordinance to Extend the Corporate Limits of the Town of Wake Forest, North Carolina recorded in Book 17796, Page 2500, Wake County Registry. 8. Rights of others including riparian, littoral and drainage in and to the waters of any branch, river, stream, creek, lake, canal, ditch or other watercourse which joins or traverses the land. 9. Terms, provisions, covenants, conditions, restrictions, easements, charges, assessments, and liens provided for in that certain Declaration of Covenants, Conditions, Easements and Restrictions (Planned Unit Development) filed for record in Wake County Registry in Book 18467, Page 1829, and any related maps, plans, bylaws and other documents and amendments. 10. Building restriction lines, easements, rights of way or any other facts as shown on plats recorded in Book of Maps 2021, Pages 910-915, and Book of Maps 2021, Page 1192, Wake County Registry. IAU 100UUt-L3U13 10 EXHIBIT C RIGHT OF FIRST REFUSAL Right of First Refusal. Except as set forth herein, the Property shall only be used for residential purposes. In the event a governmental authority restricts use of any portion of the Property to commercial uses only ("Commercial Property"), Grantee may construct and develop up to 32,000 square feet of improvements for commercial retail use on the Commercial Property (the "Commercial Allocation"). In the event Grantee elects to sell the Commercial Property, Grantee shall grant to Grantor the preferential and exclusive right to repurchase the Property from Grantee in the event that Grantee intends to sell the Commercial Property in its unimproved condition ("ROM"), on and subject to the following terms and conditions: (i) In the event that Grantee offers all, or any part, of the Commercial Property for sale, exchange or other form of conveyance, except to an affiliated entity of Grantee ("affiliated" shall herein be deemed as an entity under common ownership and/or control as Grantee), prior to the commencement of construction of the improvements thereon and Grantee shall have received an acceptable bona fide written offer (the "Sales Offer", which Sales Offer must state a purchase price payable in cash and/or on specific terms) for the sale of the Commercial Property, or portion thereof, from a third party, Grantee shall first offer the Commercial Property to Grantor, and Grantor shall, within a period of fifteen (15) days after Grantee shall have given Grantor notice and a copy of the Sales Offer ("ROFR Notice"), accept or reject Grantee's offer to repurchase the Commercial Property. If Grantor accepts Grantee's aforesaid offer, Grantor shall repurchase the Commercial Property from Grantee for the Repurchase Price, payable in cash at the closing of the repurchase of the Commercial Property. If Grantor fails or refuses, within such fifteen (15) day period, to give Grantee written notice as to whether Grantor accepts or rejects such offer, Grantor shall be deemed to have rejected such offer and a title insurer shall be authorized by Grantor to rely on an affidavit of Grantee thatthe ROFRNotice was properly given and Grantor rejected such offer in issuing title insurance in connection with the transaction evidenced by the Sales Offer. Notwithstanding the foregoing, if requested in writing by Grantee, Grantor shall execute and deliver, within fifteen (15) days after Grantor receipt of such request, written confirmation of the waiver of the ROFR in a form reasonably acceptable to Grantee and Grantor. The repurchase shall occur on the later of (i) the date specified in the Sales Offer or (ii) thirty (30) days after Grantor accepts Grantees offer for Grantor to repurchase the Commercial Property. Simultaneously with the payment of said purchase price to Grantee, Grantee shall execute and deliver a special warranty deed to the Commercial Property to Grantor, subject only to the Permitted Encumbrances and any other exceptions which Grantor may have consented to or requested Grantee to create pursuant to this Agreement. The closing of the repurchase hereunder shall occur at a location to be agreed upon by Grantor and Grantee in their reasonable discretion and the costs of closing shall be paid for as specified in the Sales Offer. Grantee hereby agrees that Grantor may have the right of specific performance against Grantee to enforce Grantor's preferential repurchase rights created hereunder and that any contract or sale made in violation of this subsection (i) shall be null and void. If Grantor rejects Grantee's offer to sell the Commercial Property as provided above, Grantee shall have a period of one hundred twenty (120) days from the date of Grantor's rejection to consummate the sale of the Commercial Property to a third party at a �Au 100vuruULJ I purchase price no less than contained in the Sales Offer without again being required to offer the Commercial Property to Grantor. The ROFR shall not apply to a foreclosure sale, or a conveyance in lieu of foreclosure, of the liens held by any lender securing financing for the acquisition of the Commercial Property; provided such ROFR shall continue in full force and effect and shall apply in the event the Commercial Property is offered for sale prior to the commencement of construction of the improvements thereon. (ii) The ROFR and the requirement with respect to the Commercial Allocation shall expire and be null and void on and after the date that is eighteen (18) months following the date of recording of this Special Warranty Deed. (iii) Notwithstanding anything to the contrary herein, Grantor waives the ROFR in the event Grantee transfers the Commercial Property to Alliance Group of NC, LLC, a North Carolina limited liability company, on or before the date that is eighteen (18) months following the date of recording of this Special Warranty Deed, provided the ROFR shall continue to run with the Commercial Property thereafter and shall otherwise remain in full force and effect in accordance with the terms herein.