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
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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
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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.